Rhode Island General Laws 11-9-1.6. Child erotica prohibited
(a) Definitions as used in this section:
(1) “Minor” means any person not having reached eighteen (18) years of age.
(2) “Produces” means produces, directs, manufactures, issues, publishes, or advertises.
(3) “Visual portrayal” means any visual depiction as defined in § 11-9-1.3, including, but not limited to, any photograph, film, video, picture, or computer-generated image or picture whether made or produced by electronic, mechanical, or other means.
Terms Used In Rhode Island General Laws 11-9-1.6
- Conviction: A judgement of guilt against a criminal defendant.
- Court: means any appropriate district court of the state of Rhode Island. See Rhode Island General Laws 11-9-13.4
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: means any individual person, firm, fiduciary, partnership, trust, association, or corporation licensed as a retail dealer to sell tobacco products within the state. See Rhode Island General Laws 11-9-13.4
(b) Any person age eighteen (18) or over who knowingly and voluntarily, without threat or coercion, produces, possesses, displays, or distributes, in any form, any visual portrayals of minors who are partially clothed, where the visual portrayals are used for the specific purpose of sexual gratification or sexual arousal from viewing the visual portrayals, is guilty of a misdemeanor and, upon conviction, shall be confined in jail for not more than one year, or fined not more than one thousand dollars ($1,000), or both.
(c) Affirmative defenses.
(1) It shall be an affirmative defense to a charge of violating this section that:
(i) The alleged child erotica was produced using an actual person or persons who was an adult at the time the material was produced;
(ii) The defendant promptly and in good faith and without retaining or allowing any person, other than a law enforcement agency, to access any visual portrayal or copy of it:
(A) Took reasonable steps to destroy each such visual portrayal; or
(B) Reported the matter to a law enforcement agency and afforded that agency access to each such image.
(iii) That the possessor, displayer, or distributor of child erotica is the parent or legal guardian of the child depicted in the visual portrayals and there is no competent evidence to prove an intent to use the visual portrayals for sexual gratification or sexual arousal from viewing the visual portrayals.
(d) Severability. If any provision or provisions of this section, or the application of this section to any person or circumstance is held invalid by a court of competent authority, that invalidity does not affect the other provisions or applications of this section which can be given effect without that invalid provision or provisions or application of the provision or provisions, and to this end the provisions of this section are declared to be separable and severable.
History of Section.
P.L. 2021, ch. 354, § 1, effective July 12, 2021; P.L. 2021, ch. 355, § 1, effective July 12, 2021.