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S3338
2026 -- S 3338
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LC006555
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL OFFENSES -- IMPERSONATION AND IDENTITY FRAUD
Introduced By:
Senators LaMountain, Burke, Tikoian, and Gallo
Date Introduced:
June 01, 2026
Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Sections 11-49.1-2 and 11-49.1-3 of the General Laws in Chapter 11-49.1
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entitled "Impersonation and Identity Fraud" are hereby amended to read as follows:
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11-49.1-2. Definitions.
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As used in this chapter:
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(1) “Document-making implement” means any implement, impression, electronic device,
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or computer hardware or software, that is specifically configured or primarily used for making an
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identification document, a false identification document, or another document-making implement;
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(2) “Identification document” means a document made or card issued by or under the
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authority of the United States Government, a state, political subdivision of a state, a foreign
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government, political subdivision of a foreign government, an international governmental or an
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international quasi-governmental organization which, when completed with information
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concerning a particular individual, is of a type intended or commonly accepted for the purpose of
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identification of individuals;
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(3) “Digital forgery” means a person:
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(i) Participates in the generation, creation, or distribution of a forged digital likeness of a
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person or entity as genuine to facilitate fraud; and
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(ii) Knows or reasonably should know the visual representation or audio recording is a
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forged digital likeness.
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(4) "Forged digital likeness" means a computer- or other electronic system-generated visual
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representation of an actual and identifiable individual or audio recording of an actual and
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identifiable individual's voice that:
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(i) Has been created, adapted or modified to closely resemble a genuine visual
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representation or audio record of the individual;
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(ii) Is likely to deceive a reasonable person to believe that the visual representation or audio
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recording is genuine;
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(iii) Is created and distributed without the consent of the depicted individual; and
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(iv) The creation and distribution without the consent of the depicted individual or entity
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is not otherwise protected by state or federal law.
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(5) "Entity" means any corporation, limited liability company, trust, estate, partnership,
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incorporated or unincorporated association or organization, and any other legal entity or
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combination of entities, including any state, or municipal government and any subdivision, branch,
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department, or agency thereof.
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(3)
(6)
“Means of identification” means any name
,
or
number
, or other data unique to a
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person or entity
that may be used, alone or in conjunction with any other information, to identify a
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specific individual
or entity
, including any:
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(i) Name, social security number, date of birth, official state or government issued driver’s
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license or identification number, alien registration number, government passport number, employer
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or taxpayer identification number
, logo, trademark, or other mark used to identify an entity
;
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(ii) Unique biometric data, such as fingerprint, voice print, retina or iris image, or other
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unique physical representation;
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(iii) Unique electronic identification number, address, or routing code; or
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(iv) Telecommunication identifying information or access device as defined in 18 U.S.C.
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§ 1029(e).
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(4) “Produce” means to manufacture, alter, authenticate, or assemble an identification
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document;
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(5) “State” includes any state of the United States, the District of Columbia, the
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Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United
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States; and
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(6) “Financial information” means any of the following information identifiable to an
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individual that concerns the amount and/or condition of an individual’s assets, liabilities or credit:
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(i) Account numbers and balances;
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(ii) Transactional information concerning any account; or
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(iii) Codes, passwords, social security numbers, tax identification numbers, driver’s license
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numbers or any other information held for the purpose of account access or transaction initiation
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or processing
.
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(7) “Elderly adult” means a person sixty (60) years of age or older.
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11-49.1-3. Identity fraud.
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(a) Any person who shall:
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(1)
knowingly
Knowingly
and without lawful authority produce an identification document
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or a false identification document;
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(2)
knowingly
Knowingly
transfer an identification document or a false identification
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document knowing that the document was
stolen
obtained
or produced without lawful authority;
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(3)
knowingly
Knowingly
possess with intent to use unlawfully or transfer unlawfully
five
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(5) or more
identification documents (other than those issued lawfully for the use of the possessor)
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or false identification documents;
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(4)
knowingly
Knowingly
possess an identification document (other than one issued
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lawfully for the use of the possessor) or a false identification document, or financial information
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with the intent that the document or financial information be used to defraud the United States, the
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State of Rhode Island, any political subdivision of it or any public or private entity
or person
;
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(5)
knowingly
Knowingly
transfer, or possess a document-making implement with the
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intent that the document-making implement will be used in the production of a false identification
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document or another document-making implement which will be so used;
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(6)
knowingly
Knowingly
possess a false identification document that is or appears to be
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a genuine identification document of the United States, the State of Rhode Island or any political
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subdivision of it or any public or private entity
or person, living or dead
which is stolen or produced
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without lawful authority knowing that the document was stolen or produced without such authority;
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or
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(7) Knowingly impersonate an entity or person, living or dead, with intent to defraud or
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injure any individual, business, or the State of Rhode Island, any political subdivision thereof, or
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any city or town;
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(8) Knowingly engage in digital forgery; or
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(7)
(9)
knowingly
Knowingly
transfer or use with intent to defraud, without lawful
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authority, a means of identification or financial information of another person living or dead, with
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the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal,
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state or local law; shall be guilty of a felony and shall be subject to the penalties set forth in § 11-
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49.1-4.
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(b) The provisions of this section shall not apply to any person who has not reached his or
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her twenty-first (21st) birthday who misrepresents or misstates his or her age through the
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presentation of any document in order to enter any premises licensed for the retail sale of alcoholic
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beverages for the purpose of purchasing or having served or delivered to him or her alcoholic
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beverages or attempting to purchase or have another person purchase for him or her any alcoholic
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beverage pursuant to § 3-8-6.
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(c) Exceptions. This section shall not apply to:
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(1) A constitutionally protected activity;
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(2) A law enforcement officer engaged in the performance of the law enforcement officer's
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official duties;
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(3) A provider or developer of any technology used in the creation of a visual representation
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or audio recording; or
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(4) An activity otherwise protected by state or federal law.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES -- IMPERSONATION AND IDENTITY FRAUD
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This act would protect individuals and businesses from those who knowingly impersonate
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an entity with the intent of facilitating fraud. This act would also protect individuals and businesses
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from digital forgery.
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This act would take effect upon passage.
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