2024 -- S 2422 | |
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LC004897 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- CHILDREN | |
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Introduced By: Senators Burke, LaMountain, McKenney, and Tikoian | |
Date Introduced: February 12, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 11-9-1.3 of the General Laws in Chapter 11-9 entitled "Children" is |
2 | hereby amended to read as follows: |
3 | 11-9-1.3. Child pornography prohibited Child sexual abuse material prohibited. |
4 | (a) Violations. It is a violation of this section for any person to: |
5 | (1) Knowingly produce any child pornography child sexual abuse material; |
6 | (2) Knowingly mail, transport, deliver or transfer by any means, including by computer, |
7 | any child pornography child sexual abuse material; |
8 | (3) Knowingly reproduce any child pornography child sexual abuse material by any means, |
9 | including the computer; or |
10 | (4) Knowingly possess any book, magazine, periodical, film, videotape, computer disk, |
11 | computer file or any other material that contains an image of child pornography child sexual abuse |
12 | material. |
13 | (b) Penalties. |
14 | (1) Whoever violates or attempts or conspires to violate subdivisions (a)(1), (a)(2) or (a)(3) |
15 | of this section shall be subject to a fine of not more than five thousand dollars ($5,000), or |
16 | imprisoned for not more than fifteen (15) years, or both. |
17 | (2) Whoever violates or attempts or conspires to violate subdivision (a)(4) of this section |
18 | shall be subject to a fine of not more than five thousand dollars ($5,000), or imprisoned not more |
19 | than five (5) years, or both. |
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1 | (c) Definitions. For purposes of this section: |
2 | (1) “Child pornography” "Child sexual abuse material" means any visual depiction, |
3 | including any photograph, film, video, picture, or computer or computer-generated image or |
4 | picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit |
5 | conduct where: |
6 | (i) The production of such visual depiction involves the use of a minor engaging in sexually |
7 | explicit conduct; |
8 | (ii) Such visual depiction is a digital image, computer image, or computer-generated image |
9 | of a minor engaging in sexually explicit conduct; or |
10 | (iii) Such visual depiction has been created, adapted, or modified to display an identifiable |
11 | minor engaging in sexually explicit conduct. |
12 | (2) “Computer” has the meaning given to that term in section 11-52-1; |
13 | (3) “Minor” means any person not having reached eighteen (18) years of age; |
14 | (4) “Identifiable minor.” |
15 | (i) Means a person: |
16 | (A)(I) Who was a minor at the time the visual depiction was created, adapted, or modified; |
17 | or |
18 | (II) Whose image as a minor was used in creating, adapting, or modifying the visual |
19 | depiction; and |
20 | (ii) Who is recognizable as an actual person by the person’s face, likeness, or other |
21 | distinguishing characteristic, such as a unique birthmark or other recognizable feature; and |
22 | (B) Shall not be construed to require proof of the actual identity of the identifiable minor. |
23 | (5) “Producing” means producing, directing, manufacturing, issuing, publishing or |
24 | advertising; |
25 | (6) “Sexually explicit conduct” means actual: |
26 | (i) Graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral- |
27 | anal, or lascivious sexual intercourse where the genitals, or pubic area of any person is exhibited; |
28 | (ii) Bestiality; |
29 | (iii) Masturbation; |
30 | (iv) Sadistic or masochistic abuse; or |
31 | (v) Graphic or lascivious exhibition of the genitals or pubic area of any person; |
32 | (7) “Visual depiction” includes undeveloped film and videotape and data stored on a |
33 | computer disk or by electronic means, which is capable of conversion into a visual image; |
34 | (8) “Graphic,” when used with respect to a depiction of sexually explicit conduct, means |
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1 | that a viewer can observe any part of the genitals or pubic area of any depicted person or animal |
2 | during any part of the time that the sexually explicit conduct is being depicted. |
3 | (d) Affirmative defenses. |
4 | (1) It shall be an affirmative defense to a charge of violating subdivision (a)(1), (a)(2), or |
5 | (a)(3) of this section that: |
6 | (i) The alleged child pornography child sexual abuse material was produced using an actual |
7 | person or persons engaging in sexually explicit conduct; and |
8 | (ii) Each such person was an adult at the time the material was produced; and |
9 | (iii) The defendant did not advertise, promote, present, describe or distribute the material |
10 | in such a manner as to convey the impression that it is or contains a visual depiction of a minor |
11 | engaging in sexually explicit conduct. |
12 | (2) It shall be an affirmative defense to a charge of violating subdivision (a)(4) of this |
13 | section that the defendant: |
14 | (i) Possessed less than three (3) images of child pornography child sexual abuse material; |
15 | and |
16 | (ii) Promptly and in good faith and without retaining or allowing any person, other than a |
17 | law enforcement agency, to access any image or copy of it: |
18 | (A) Took reasonable steps to destroy each such image; or |
19 | (B) Reported the matter to a law enforcement agency and afforded that agency access to |
20 | each such image. |
21 | (e) Severability. If any provision or provisions of this section, or the application of this |
22 | section to any person or circumstance is held invalid by a court of competent authority, that |
23 | invalidity does not affect other provisions or applications of this section which can be given effect |
24 | without that invalid provision or provisions or application of the provision or provisions, and to |
25 | this end the provisions of this section are declared to be separable and severable. |
26 | 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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1 | This act would amend the statute punishing child pornography by replacing the term "child |
2 | pornography" with the term "child sexual abuse material." |
3 | This act would take effect upon passage. |
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