§ 11-42-5 - Simulating legal process.
SECTION 11-42-5
§ 11-42-5 Simulating legal process. –(a) No person, firm, corporation, association, agent or employee shall in anymanner coerce, intimidate, threaten, retaliate against or attempt to coerce orintimidate or threaten any public official as defined in § 11-42-4 inconnection with any claim, demand or account, by the issuance, utterance ordelivery of any matter, printed, typed or written, which is unauthorized by astatute or court of this state and that simulates in form and substance legalprocess of a court of this state.
(b) No person shall prepare, send, deliver, issue, serve,execute, or otherwise act to further the operation of any unauthorized process.
(c) As used in this section:
(1) "Legal process" means a summons, complaint, pleading,writ, warrant, injunction, notice, subpoena, lien, order, or other documentissued or entered by or on behalf of a court or lawful tribunal or lawfullyfiled with or recorded by a governmental agency that is used as a means ofexercising or acquiring jurisdiction over a person or property, or a UniformCommercial Code (UCC) or other filing with the secretary of state or any cityor town recorder that creates or purports to create a lien or cloud on thetitle of real or personal property, or to assert or give notice of a legalclaim against a person or property, or to direct persons to take or refrainfrom an action.
(2) "Unauthorized process" means any of the following:
(i) A document simulating legal process that is prepared orissued by or on behalf of an entity that purports or represents itself to be alawful tribunal or a court, public employee, or other agency created,established, authorized, or sanctioned by law but is not a lawful tribunal orcourt, public officer, or other agency created, established, authorized, orsanctioned by law.
(ii) A document that by its form, wording, use of the name ofthe state of Rhode Island or any lawful tribunal, public employee, orsubdivision thereof, use of seals or insignia, or general appearance has atendency meant to create in the mind of the ordinary person the falseimpression that it has judicial or other official authorization, sanction orapproval.
(iii) A document that would otherwise be legal process exceptthat it was not authorized, issued or entered by or on behalf of a court orlawful tribunal or lawfully filed with, authorized by or recorded by agovernmental agency as required by law. However, this subparagraph does notapply to a document that would otherwise be legal process but for one or moretechnical defects, including, but not limited to, errors involving names,spelling, addresses, or time of issue or filing or other defects that do notrelate to the substance of the claim or action underlying the document.
(3) A person who violates this section shall be guilty of afelony and shall be imprisoned for not more than five (5) years, or fined notmore than five thousand dollars ($5,000), or both.