State Codes and Statutes

Statutes > Rhode-island > Title-11 > Chapter-11-5 > 11-5-10-4

SECTION 11-5-10.4

   § 11-5-10.4  Assault on persons 60 years ofage or older by caretaker causing serious bodily injury. – (a) Any person who shall commit an assault or battery, or both, upon a personsixty (60) years of age or older, causing serious bodily injury, and who was,at the time of the assault and battery, responsible for the care and treatmentof the victim, shall be deemed to have committed a felony and shall beimprisoned for not less than two (2) years but not more than twenty (20) years,or fined not more than ten thousand dollars ($10,000), or both. Further, if atthe time of the assault and battery the person committing the act was employedby a health care facility that either condoned the act or attempted to concealit, the health care facility shall be fined not exceeding fifteen thousanddollars ($15,000). Every person so convicted shall be ordered to makerestitution to the victim of the offense or to perform up to five hundred (500)hours of public community restitution work or attend violence counseling and/orsubstance abuse counseling, or any combination of them imposed by thesentencing judge. The court may not waive the obligation to make restitutionand/or public community restitution work. The restitution and/or publiccommunity restitution work shall be in addition to any fine or sentence whichmay be imposed and not in lieu of the fine or sentence.

   (b) "Serious bodily injury" means physical injury that:

   (1) Creates a substantial risk of death;

   (2) Causes protracted loss or impairment of the function ofany bodily part, member or organ; or

   (3) Causes serious permanent disfigurement.

State Codes and Statutes

Statutes > Rhode-island > Title-11 > Chapter-11-5 > 11-5-10-4

SECTION 11-5-10.4

   § 11-5-10.4  Assault on persons 60 years ofage or older by caretaker causing serious bodily injury. – (a) Any person who shall commit an assault or battery, or both, upon a personsixty (60) years of age or older, causing serious bodily injury, and who was,at the time of the assault and battery, responsible for the care and treatmentof the victim, shall be deemed to have committed a felony and shall beimprisoned for not less than two (2) years but not more than twenty (20) years,or fined not more than ten thousand dollars ($10,000), or both. Further, if atthe time of the assault and battery the person committing the act was employedby a health care facility that either condoned the act or attempted to concealit, the health care facility shall be fined not exceeding fifteen thousanddollars ($15,000). Every person so convicted shall be ordered to makerestitution to the victim of the offense or to perform up to five hundred (500)hours of public community restitution work or attend violence counseling and/orsubstance abuse counseling, or any combination of them imposed by thesentencing judge. The court may not waive the obligation to make restitutionand/or public community restitution work. The restitution and/or publiccommunity restitution work shall be in addition to any fine or sentence whichmay be imposed and not in lieu of the fine or sentence.

   (b) "Serious bodily injury" means physical injury that:

   (1) Creates a substantial risk of death;

   (2) Causes protracted loss or impairment of the function ofany bodily part, member or organ; or

   (3) Causes serious permanent disfigurement.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-11 > Chapter-11-5 > 11-5-10-4

SECTION 11-5-10.4

   § 11-5-10.4  Assault on persons 60 years ofage or older by caretaker causing serious bodily injury. – (a) Any person who shall commit an assault or battery, or both, upon a personsixty (60) years of age or older, causing serious bodily injury, and who was,at the time of the assault and battery, responsible for the care and treatmentof the victim, shall be deemed to have committed a felony and shall beimprisoned for not less than two (2) years but not more than twenty (20) years,or fined not more than ten thousand dollars ($10,000), or both. Further, if atthe time of the assault and battery the person committing the act was employedby a health care facility that either condoned the act or attempted to concealit, the health care facility shall be fined not exceeding fifteen thousanddollars ($15,000). Every person so convicted shall be ordered to makerestitution to the victim of the offense or to perform up to five hundred (500)hours of public community restitution work or attend violence counseling and/orsubstance abuse counseling, or any combination of them imposed by thesentencing judge. The court may not waive the obligation to make restitutionand/or public community restitution work. The restitution and/or publiccommunity restitution work shall be in addition to any fine or sentence whichmay be imposed and not in lieu of the fine or sentence.

   (b) "Serious bodily injury" means physical injury that:

   (1) Creates a substantial risk of death;

   (2) Causes protracted loss or impairment of the function ofany bodily part, member or organ; or

   (3) Causes serious permanent disfigurement.