§ 11-47-51.1 - Discharge of firearm or incendiary or explosive substance or device from motor vehicle. - Rhode Island Statutes

SECTION 11-47-51.1

   § 11-47-51.1  Discharge of firearm orincendiary or explosive substance or device from motor vehicle. – (a) No person shall unlawfully discharge a firearm or incendiary or explosivesubstance or device from a motor vehicle in a manner which creates asubstantial risk of death or serious personal injury to another person. Everyperson violating the provisions of this section shall be punished byimprisonment for not less than ten (10) years nor more than twenty (20) yearsand shall be fined not less than five thousand dollars ($5,000.00) nor morethan fifty thousand dollars ($50,000.00), or both.

   (2) In all cases under this subsection, the justice imposingsentence shall impose not less than the minimum sentence of ten (10) yearsimprisonment and may only impose a sentence less than that minimum if he or shefinds that substantial and compelling circumstances exist which justifyimposition of the alternative sentence. The finding may be based upon thecharacter and background of the defendant, the cooperation of the defendantwith law enforcement authorities, the nature and circumstances of the offenseand/or the nature and quality of the evidence presented at trial. If a sentencewhich is less than imprisonment for a term of ten (10) years is imposed, thetrial justice shall set forth on the record the circumstances which he or shefound as justification for imposition of the lesser sentence.

   (b) Any person injured as a result of a violation of thissection shall be entitled to the civil remedies provided by § 7-15-4.