RHODE ISLAND CRIMINAL DEFENSE
A Practice Manual, 4th Edition
© John E. MacDonald
APPENDIX
Selected RI Statutes and Immigration Consequences
This is a list of selected Rhode Island criminal statutes and their probable immigration consequences. I use the term probable because there is very little BIA or 1st Circuit case law concerning these statutes, only the practical application as experienced by immigration attorneys at the Boston Immigration Court. Please note that immigration consequences are complex and ever changing. Use this chart as a starting point but not a substitute for your own research. If you disagree with the analysis or become aware of a relevant new case, please contact me with this information.
AF - Aggravated felony
CIMT - Crime involving moral turpitude
| Assault | §11-5-3 | Not a CIMT but will constitute an AF if sentence of 1 year suspended or to serve. If complainant qualifies as domestic household member, it will be considered domestic even if amended to non-domestic. |
| Assault – Domestic | §11-5-3/ 12-29-5 |
Crime of Domestic Violence. Must amend to non-assault charge, even if remains domestic, such as domestic disorderly (loud & unreasonable, §11-45-1(a)(2)) or domestic trespass §11-44-26. |
| Assault with a Dangerous Weapon | §11-5-2 | CIMT regardless of sentence. AF if sentence of 1 year or more suspended or to serve. |
| Assault with Intent to Commit Specified Felonies | §11-5-1 | CIMT regardless of sentence. AF if sentence of 1 year or more suspended or to serve. Possible AF regardless of sentence. |
| Attempt | Multiple | AF or CIMT if underlying offense qualifies as such. |
| Breaking & Entering w/o consent | §11-8-2 | AF if sentence of 1 year or more suspended or to serve. |
| Breaking & Entering w/ felonious Intent | §11-8-4 | CIMT regardless of sentence. AF if sentence of 1 year or more suspended or to serve. |
| Burglary | §11-8-1 | CIMT regardless of sentence. AF if sentence of 1year or more suspended or to serve. |
| Child Abuse | §11-9-5.3 | CIMT regardless of sentence. AF if sentence of 1 year or more suspended or to serve. |
| Child Molestation – 1st or 2nd | §11-37-8.2 §11-37-8.3 |
CIMT and AF regardless of sentence. |
| Contributing to Delinquency of a Minor | §11-9-4 | CIMT regardless of sentence. |
| Conspiracy | §11-1-6 | AF or CIMT if underlying offense qualifies as such. |
| Discharge of a Firearm | §11-47-3.2 | AF if sentence of 1 year or more suspended or to serve. |
| Disorderly Conduct | §11-45-1 | Only indecent exposure constitutes a CIMT regardless of sentence (§11-45-1). |
| Disorderly Conduct – Domestic | §11-45-1/12-29-5 | Subsection (1) violent, tumultuous behavior is arguable a crime of domestic violence. Amend to subsection (2), loud and unreasonable noise. Safe haven for domestic offenses. |
| DUI or Chemical Test Refusal | §31-27-1 et. al. | Neither a CIMT or AF. |
| DUI-Death or Serious Injury | §31-27-2.2 §31-27-2.6 |
Neither a CIMT or AF. |
| DUI-Death or Serious Injury | §31-27-2.2 §31-27-2.6 |
Neither a CIMT or AF. |
| Embezzlement | S11-41-3 | CIMT regardless of sentence. AF if sentence of 1 year or more suspended or to serve. |
| Failure to Register as Sex Offender | §11-37.1-10 | Neither a CIMT or AF regardless of sentence. |
| Frequenting a Drug Nuisance | §21-28-4.06(b)(3) | Controlled Substance offense. |
| Forgery & Counterfeiting Offenses | §11-17-1 et. al. | CIMT regardless of sentence. AF if total loss is over $10,000, regardless of restitution ordered. Possible AF if sentence of 1 year or more imposed. |
| Fraud Offenses | §11-18-1 et. al. | CIMT regardless of sentence. AF if total loss is over $10,000, regardless of restitution ordered. |
| Harassing Phone Calls | §11-35-17 | The first part of statute describing harassment constitutes a CIMT. The second part of the statute describing vulgar language is arguably not a CIMT. |
| Identity Fraud | §11-49-1.1 | CIMT regardless of sentence. |
| Kidnapping | §11-26-1 | CIMT regardless of sentence. AF if sentence of 1 year or more suspended or to serve. Possible AF regardless of sentence. |
| Larceny | S11-41-5 | CIMT regardless of sentence. AF if sentence of 1 year or more suspended or to serve. |
| Larceny – Domestic | §11-41-5/12-29-5 | Not a crime of domestic violence regardless of sentence but CIMT regardless of sentence and AF if sentence of 1 year or more suspended or to serve. |
| Leaving the Scene of an Accident – Property Damage Resulting | §31-26-2 | Neither a CIMT or AF regardless of sentence. |
| Leaving the Scene of an Accident – Injury/Death | §31-26-1 | Neither a CIMT or AF regardless of sentence. |
| Maintaining a Common Nuisance | §11-30-1 | Neither a CIMT or AF if specific to ―disorderly persons.‖ Possible CIMT if not specific. Safe haven for drug offenses. |
| Maintaining a Drug Nuisance | §21-28-4.06(b)(1) | AF regardless of sentence. |
| Murder | §11-23-1 | AF regardless of sentence. |
| Manslaughter | §11-23-3 | AF if sentence of one year or more imposed. |
| Obstruction | §11-32-1 | Neither a CIMT or AF regardless of sentence. |
| Obtaining Money under False Pretenses | §11-41-4 | CIMT regardless of sentence. AF if total loss is over $10,000, regardless of restitution ordered. |
| Operating on a Suspended/Expired or Without a License | §31-11-18 | Neither a CIMT or AF regardless of sentence (strictly regulatory offenses are not CIMTs). |
| Possession of Child Pornography | §11-9-1.3 | AF and CIMT regardless of sentence. |
| Possession of Controlled Substance | §21-28-4.01 et. seq. | All possession cases are removable as a controlled substance offenses except a first offense possession of marijuana under 30 grams. Unless charged as a 2nd offense, case is still considered a first offense (even if client has are multiple possessions). |
| Possession with intent to Distribute; Possession of Oz - Kilo/multi-kilo; Delivery of a Controlled Substance | 21-28-4.01 et. seq. | AF regardless of sentence since it constitutes trafficking offense. |
| Possession of a Firearm without a License | §11-47-8 | Removable as a Firearm Offense but not AF. |
| Possession of a Firearm by illegal alien | §11-47-7 | AF regardless of sentence. |
| Prostitution | §11-34-8.1 | CIMT regardless of sentence. |
| Receiving Stolen Goods | §11-41-2 | CIMT regardless of sentence. AF if sentence of 1 year or more suspended or to serve. |
| Reckless Driving | §31-27-4 | Possible CIMT. |
| Reckless Driving/Death Resulting | §31-27-1 | CIMT regardless of sentence. |
| Reckless Driving/Serious Injury | §31-27-1.1 | CIMT regardless of sentence. |
| Robbery | §11-39-1 | AF if sentence of 1 year or more suspended or to serve. |
| Shoplifting | §11-41-20 | CIMT regardless of sentence. AF if sentence of 1 year or more suspended or to serve. |
| Sexual Assault – 1st & 2nd | §11-37-2 §11-37-4 |
CIMT regardless of sentence. AF if sentence of 1 year or more suspended or to serve. |
| Sexual Assault – 3rd | §11-37-6 | CIMT and AF regardless of sentence (because it will be considered sexual abuse of a minor) |
| Stalking | §11-59-2 | CIMT regardless of sentence but note the harassing section of stalking is arguably not a CIMT so try to amend to this part if a plea is necessary. |
| Trespass | $11-44-26 | Neither a CIMT or AF regardless of sentence. Safe haven for domestic and non-domestic crimes of violence. |
| Trespass – Domestic | §11-44-26 | Neither a CIMT, AF or crime of domestic violence regardless of sentence. Safe haven for domestic crimes of violence. |
| Vandalism | §11-44-1 | CIMT regardless of sentence. AF if sentence of 1 year or more suspended or to serve. |
| Vandalism – Domestic | §11-44-1/12-29-5 | CIMT regardless of sentence and AF if sentence of 1 year or more suspended or to serve. |
| Violation of No-Contact Order (Restrictions Upon and Duties of Court) | §12-29-4 | Crime of Domestic Violence regardless of sentence. |
| Violation of Restraining Order | §8-8-1/1515-1 | Crime of Domestic Violence regardless of sentence. |
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