| Chapter 354 |
| 2021 -- H 5614 SUBSTITUTE A Enacted 07/12/2021 |
| A N A C T |
| RELATING TO CRIMINAL OFFENSES -- CHILDREN |
Introduced By: Representative Thomas E. Noret |
| Date Introduced: February 18, 2021 |
| 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 ยง 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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| LC001781/SUB A/2 |
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