2025 -- S 0955

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LC002605

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

     Introduced By: Senators Dimitri, and Bissaillon

     Date Introduced: April 04, 2025

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-9-1.4 of the General Laws in Chapter 11-9 entitled "Children" is

hereby amended to read as follows:

     11-9-1.4. Minor electronically disseminating indecent material to another person —

“Sexting” prohibited.

     (a) Definitions as used in this section:

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

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

     (3) “Telecommunication device” means an analog or digital electronic device which

processes data, telephony, video, or sound transmission as part of any system involved in the

sending and/or receiving at a distance of voice, sound, data, and/or video transmissions;

     (4) “Indecent visual depiction” means any digital image or digital video of the minor

engaging in sexually explicit conduct, and includes data stored on any computer,

telecommunication device, or other electronic storage media which is capable of conversion into a

visual image;

     (5) “Sexually explicit conduct” means actual masturbation or graphic focus on or lascivious

exhibition of the nude genitals or pubic area of the minor.

     (b) No minor shall knowingly and voluntarily and without threat or coercion use a

computer or telecommunication device to transmit an indecent visual depiction of himself or herself

themselves to another person.

     (c) No minor shall knowingly, voluntarily, and without the use of threat or coercion solicit

an indecent visual depiction from another minor.

     (d) No minor shall possess an indecent visual depiction sent from another minor.

     (e) A violation of this section shall be a status offense and referred to the family court.

     (d)(f) Any minor adjudicated under alleged to have committed the status offense in

subsection subsections (b), (c) or (d) shall not be charged under § 11-9-1.3 and, further, shall not

be subject to sex offender registration requirements set forth in § 11-37.1-1 et seq., entitled “Sexual

Offender Registration and Community Notification Act.”

     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 prohibit a minor from soliciting or possessing an indecent visual depiction

from another minor.

     This act would take effect upon passage.

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