2024 -- S 2422

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LC004897

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

     

     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:

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     SECTION 1. Section 11-9-1.3 of the General Laws in Chapter 11-9 entitled "Children" is

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hereby amended to read as follows:

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     11-9-1.3. Child pornography prohibited Child sexual abuse material prohibited.

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     (a) Violations. It is a violation of this section for any person to:

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     (1) Knowingly produce any child pornography child sexual abuse material;

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     (2) Knowingly mail, transport, deliver or transfer by any means, including by computer,

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any child pornography child sexual abuse material;

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     (3) Knowingly reproduce any child pornography child sexual abuse material by any means,

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including the computer; or

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     (4) Knowingly possess any book, magazine, periodical, film, videotape, computer disk,

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computer file or any other material that contains an image of child pornography child sexual abuse

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material.

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     (b) Penalties.

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     (1) Whoever violates or attempts or conspires to violate subdivisions (a)(1), (a)(2) or (a)(3)

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of this section shall be subject to a fine of not more than five thousand dollars ($5,000), or

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imprisoned for not more than fifteen (15) years, or both.

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     (2) Whoever violates or attempts or conspires to violate subdivision (a)(4) of this section

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shall be subject to a fine of not more than five thousand dollars ($5,000), or imprisoned not more

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than five (5) years, or both.

 

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     (c) Definitions. For purposes of this section:

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     (1) “Child pornography” "Child sexual abuse material" means any visual depiction,

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including any photograph, film, video, picture, or computer or computer-generated image or

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picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit

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conduct where:

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     (i) The production of such visual depiction involves the use of a minor engaging in sexually

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explicit conduct;

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     (ii) Such visual depiction is a digital image, computer image, or computer-generated image

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of a minor engaging in sexually explicit conduct; or

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     (iii) Such visual depiction has been created, adapted, or modified to display an identifiable

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minor engaging in sexually explicit conduct.

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     (2) “Computer” has the meaning given to that term in section 11-52-1;

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     (3) “Minor” means any person not having reached eighteen (18) years of age;

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     (4) “Identifiable minor.”

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     (i) Means a person:

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     (A)(I) Who was a minor at the time the visual depiction was created, adapted, or modified;

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or

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     (II) Whose image as a minor was used in creating, adapting, or modifying the visual

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depiction; and

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     (ii) Who is recognizable as an actual person by the person’s face, likeness, or other

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distinguishing characteristic, such as a unique birthmark or other recognizable feature; and

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     (B) Shall not be construed to require proof of the actual identity of the identifiable minor.

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     (5) “Producing” means producing, directing, manufacturing, issuing, publishing or

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advertising;

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     (6) “Sexually explicit conduct” means actual:

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     (i) Graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-

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anal, or lascivious sexual intercourse where the genitals, or pubic area of any person is exhibited;

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     (ii) Bestiality;

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     (iii) Masturbation;

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     (iv) Sadistic or masochistic abuse; or

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     (v) Graphic or lascivious exhibition of the genitals or pubic area of any person;

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     (7) “Visual depiction” includes undeveloped film and videotape and data stored on a

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computer disk or by electronic means, which is capable of conversion into a visual image;

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     (8) “Graphic,” when used with respect to a depiction of sexually explicit conduct, means

 

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that a viewer can observe any part of the genitals or pubic area of any depicted person or animal

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during any part of the time that the sexually explicit conduct is being depicted.

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     (d) Affirmative defenses.

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     (1) It shall be an affirmative defense to a charge of violating subdivision (a)(1), (a)(2), or

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(a)(3) of this section that:

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     (i) The alleged child pornography child sexual abuse material was produced using an actual

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person or persons engaging in sexually explicit conduct; and

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     (ii) Each such person was an adult at the time the material was produced; and

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     (iii) The defendant did not advertise, promote, present, describe or distribute the material

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in such a manner as to convey the impression that it is or contains a visual depiction of a minor

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engaging in sexually explicit conduct.

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     (2) It shall be an affirmative defense to a charge of violating subdivision (a)(4) of this

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section that the defendant:

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     (i) Possessed less than three (3) images of child pornography child sexual abuse material;

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and

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     (ii) Promptly and in good faith and without retaining or allowing any person, other than a

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law enforcement agency, to access any image or copy of it:

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     (A) Took reasonable steps to destroy each such image; or

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     (B) Reported the matter to a law enforcement agency and afforded that agency access to

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each such image.

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     (e) Severability. If any provision or provisions of this section, or the application of this

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section to any person or circumstance is held invalid by a court of competent authority, that

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invalidity does not affect other provisions or applications of this section which can be given effect

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without that invalid provision or provisions or application of the provision or provisions, and to

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this end the provisions of this section are declared to be separable and severable.

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     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 amend the statute punishing child pornography by replacing the term "child

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pornography" with the term "child sexual abuse material."

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     This act would take effect upon passage.

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