Restraining of a victim or bystander by tying up the person, etc

LARCENY/EMBEZZLEMENT/RECEIVING STOLEN GOODS/OMUFP Page 11 of 20 February 2024 [For Benchmarks 14-22, penalties provided in R.I.G.L. 11-41-5 indicate not more than 10 years.] LARCENY OVER $500 [R.I.G.L. 11-41-1] LARCENY OVER $500 [R.I.G.L. 11-41-1] Benchmark 14 First offense Less than jail Benchmark 15 Repeat offense 3 to 5 years LARCENY FROM THE PERSON [R.I.G.L. 11-41-7] Benchmark 16 2 ½ to 3 ½ years EMBEZZLEMENT [R.I.G.L. 11-41-3] Benchmark 17 First offense — one count Less than jail EMBEZZLEMENT [R.I.G.L. 11-41-3] Benchmark 18 Page 12 of 20 February 2024 Repeat offense — multi-count indictment or large amount of money or violation of public trust 2 to 5 years RECEIVING STOLEN GOODS OVER $500 [R.I.G.L. 11-41-2] Benchmark 19 First offense Less than jail RECEIVING STOLEN GOODS OVER $500 [R.I.G.L. 11-41-2] Benchmark 20 Repeat offense 3 to 5 years OBTAINING MONEY UNDER FALSE PRETENSES [R.I.G.L. 11-41-4] Benchmark 21 First offense of this type — one count to this indictment Less than jail OBTAINING MONEY UNDER FALSE PRETENSES [R.I.G.L. 11-41-4] Benchmark 22 Repeat offender of this type of offense — multi-count indictment — Substantial amount of money 2 to 4 years Page 13 of 20 February 2024 Note: A jail sentence is prescribed in a larceny case when the defendant is a repeat offender, a person whose record shows that he/she has made a career of embezzling or obtaining money under false pretenses. FELONY SHOPLIFITNG [R.I.G.L. 11-41-20: Statute indicates not more than 5 years] Benchmark 23 1 to 3 years DRIVING TO ENDANGER — DEATH RESULTING [R.I.G.L. 31-27-1: Statute indicates not more than 10 years] Benchmark 24 No prior motor vehicle record 3 to 5 years DRIVING UNDER THE INFLUENCE — DEATH RESULTING [R.I.G.L. 31-27-2.2: Statute indicates 5 to 15 years] Benchmark 25 3 to 10 years VOLUNTARY MANSLAUGHTER [R.I.G.L. 11-23-3: Statute indicates up to 30 years] Benchmark 26 Close relationship to victim 5 to 7 years Benchmark 27 Related to other significant criminal activity 10 to 15 years Page 14 of 20 February 2024 DELIVERY/POSSESSION WITH INTENT TO DELIVER [Note: Presumptive sentence is 1 to 15 years for possession with intent to deliver and 2 to 20 years for delivery of schedule I/II] SMALL QUANTITY — LESS THAN 1 OUNCE [R.I.G.L. 21-28-4.01: Statute indicates up to 3 years] Benchmark 28A Schedule I-IV, other than marijuana Up to 3 years GREATER QUANTITY — 1 OUNCE TO 1 KILOGRAM [R.I.G.L. 21-28-4.01.1: Statute indicates 10 to 50 years] Benchmark 28B Schedule I-IV, other than marijuana 10 to 50 years* LARGE QUANTITY — OVER 1 KILOGRAM [R.I.G.L. 21-28-4.01.2: Statute indicates 20 years to Life] Benchmark 28C Schedule I-IV, other than marijuana 20 years to Life* [*Statute requires that trial justice set forth on the record the reason(s) for imposing any sentence less than the statutory minimum.] Note: The benchmarks for delivery of a controlled substance are meant to apply to the “sale” of drugs. A “casual” delivery involving only the transfer of drugs without any “business” transaction would be a mitigating circumstance. Under Benchmark 28 the four schedules of controlled substances are combined under the same sentencing guideline. Despite this, the sentencing justice should keep in mind that the Uniform Controlled Substances Act differentiates between those substances which are extremely harmful to individuals and have a high potential for addiction (Schedules I and II) and substances which are relatively less dangerous Page 15 of 20 February 2024 (Schedules III and IV). Thus, the fact that a substance has a lower potential for physical harm might be a mitigating circumstance. POSSESSION OF A CONTROLLED SUBSTANCE [R.I.G.L. 21-28-4.01: Statute indicates up to 3 years] Benchmark 29 Small quantity — Less than 1 ounce, Schedule I-IV, other than marijuana Less than jail DELIVERY OF MARIJUANA [R.I.G.L. 21-28-4.01(A)(2)(a): Statute indicates up to 30 years] Benchmark 30A Small quantity — Less than 1 ounce Up to 1 year Benchmark 30B Greater quantity — 1 ounce to 1 kilogram 1 to 3 years [R.I.G.L. 21-28-4.01.1: Statute indicates 10 to 50 years*] Benchmark 30C Large quantity — 1 kilogram to 5 kilograms 10-50 years* [R.I.G.L. 21-28-4.01.2: Statute indicates 20 years to life*] Benchmark 30D Greatest quantity — over 5 kilograms 20 years — Life* [*Statute requires that trial justice set forth on the record the reason(s) for imposing any sentence less than the minimum.] 1ST DEGREE SEXUAL ASSAULT [R.I.G.L. 11-37-3: Statute indicates 10 years to life] Page 16 of 20 February 2024 Benchmark 31A One count with no injury 10-15 years Benchmark 31B Multiple counts with or without injury 15-25 years Benchmark 31C One count or multiple counts, with aggravating circumstances ** Over 20 years ** Aggravating circumstances include, but are not limited to, excessive force or violence; the act having been committed in conjunction with other crimes; moderate to severe injury, mental or physical; or perpetration of acts which are particularly degrading or humiliating to the victim. 2ND DEGREE SEXUAL ASSAULT [R.I.G.L. 11-37-5: Statute indicates 3 to 15 years] Benchmark 32A One count — Touching/groping over clothing Less than jail Benchmark 32B Multiple counts — Touching/groping over clothing, same incident Less than jail Benchmark 32C Multiple counts — Touching/groping over clothing 1 to 3 years Benchmark 32D One or multiple counts — Touching/groping under clothing 2 to 5 years Benchmark 32E One or multiple counts — Touching/groping under or over clothing with aggravating circumstances Page 17 of 20 February 2024 5 to 15 years 1ST OR 2ND DEGREE SEXUAL ASSAULT [R.I.G.L. 11-37-3 and 11-37-5: Statutes indicate 10 years to life for 1st Degree; 3 to 15 years for 2nd Degree] Benchmark 33 Victim is mentally disabled or physically incapacitated Jail, depending on circumstances and key facts 3RD DEGREE SEXUAL ASSAULT [R.I.G.L. 11-37-7: Statute indicates up to 5 years] Benchmark 34 Less than jail to 5 years, depending on age difference between perpetrator and victim and the presence or absence of aggravating circumstances 1ST DEGREE CHILD MOLESTATION [R.I.G.L. 11-37-8.2: Statute indicates 20 years to life] [Note: Statute indicates child is “age 14 or younger”] Benchmark 35A No relationship to victim — no injury, one count 10 to 15 years Benchmark 35B Close relationship to victim — natural/stepparent or family member no injury, one count 15 to 20 years Benchmark 35C Close relationship to victim — natural/stepparent of family member multiple counts or moderate injury, mental or physical 20 to 30 years Benchmark 35D Page 18 of 20 February 2024 Victim is mentally or physically disabled 20 to 30 years Benchmark 35E Multiple counts or physical injury or aggravating circumstances regardless of relationship to victim 25 years to Life 2ND DEGREE CHILD MOLESTATION [R.I.G.L. 11-37-8.4: Statute indicates 6 to 30 years] Benchmark 36A No relationship to victim — over clothing, one count Less than jail to 3 years Benchmark 36B No relationship to victim — under clothing or more than one count 3 to 8 years Benchmark 36C Close relationship to victim — natural/stepparent or family member over clothing — one count 3 to 8 years Benchmark 36D Close relationship to victim — natural/stepparent or family member under clothing, one count 7 to 12 years PROBATION BENCHMARKS Benchmark 37 For felony offenses, other than crimes of violence, the term of probation should not exceed three years. Departures from the probation range should be made only when substantial and compelling circumstances exist. (a) The judge or magistrate must give specific reasons for the departure on the record. (b) These guidelines do not apply to cases where the court has imposed a no contact order or a restitution order as a condition of probation. Page 19 of 20 February 2024 (c) These guidelines do not apply to crimes of violence. For purposes of this benchmark, crimes of violence shall mean any one of the following crimes or an attempt to commit that crime: murder, manslaughter, sexual assault, child molestation, mayhem, robbery, burglary, assault with a dangerous weapon, assault or battery involving serious bodily injury, arson, breaking and entering, child molestation, kidnapping, DWI resulting in death or serious injury, driving to endanger resulting in death or serious injury, any felony violation involving the illegal manufacture, sale, or delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a controlled substance classified in Schedule I or Schedule II of § 21-28-2.08, any violation of §§ 21-28-4.01.1 or 21-28-4.01.2 or conspiracy to commit any violation of these statutes, and/or assault with intent to commit any offense punishable as a felony; upon any conviction of an offense punishable as a felony offense under § 12-29-5 or any felony involving force or violence, the threat of force or violence, or the use of a firearm. Page 20 of 20 February 2024