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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

     Introduced By: Senators Burke, Archambault, F Lombardi, and Lombardo

     Date Introduced: March 04, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by

adding thereto the following section:

     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.

     (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.

     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 -- CHILDREN

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     This act would make it a misdemeanor to possess, transfer and/or produce child erotica for

the specific purpose of sexual gratification or sexual arousal, punishable by confinement in jail for

not more than one year, or fine of not more one thousand dollars ($1,000), or both.

     This act would take effect upon passage.

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