2014 -- H 7766 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

     Introduced By: Representatives Mattiello, Silva, Johnston, O'Brien, and Ackerman

     Date Introduced: February 27, 2014

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-37.1-2 of the General Laws in Chapter 11-37.1 entitled "Sexual

Offender Registration and Community Notification" is hereby amended to read as follows:

     11-37.1-2. Definitions. -- (a) "Aggravated offense" means, and includes offenses

involving sexual penetration of victims of any age through the use of force, or the threat of use of

force or offenses involving sexual penetration of victims who are fourteen (14) years of age or

under.

      (b) "Board", "board of review", or "sex offender board of review" means the sex

offender board of review appointed by governor pursuant to section §11-37.1-6.

      (c) (1) "Conviction" or "convicted" means, and includes, any instance where:

      (i) A judgment of conviction has been entered against any person for any offense

specified in subsection (e) or (k) of this section, regardless of whether an appeal is pending; or

      (ii) There has been a finding of guilty for any offense specified in subsection (e) or (k) of

this section, regardless of whether an appeal is pending; or

      (iii) There has been a plea of guilty or nolo contendere for any offense specified in

subsection (e) or (k) of this section, regardless of whether an appeal is pending; or

      (iv) There has been an admission of sufficient facts or a finding of delinquency for any

offense specified in subsection (e) or (k) of this section, regardless of whether or not an appeal is

pending.

      (2) Provided, in the event that a conviction, as defined in this subsection, has been

overturned, reversed, or otherwise vacated, the person who was the subject of the conviction shall

no longer be required to register as required by this chapter and any records of a registration shall

be destroyed. Provided, further that nothing in this section shall be construed to eliminate a

registration requirement of a person who is again convicted of an offense for which registration is

required by this chapter.

      (d) [Deleted by P.L. 2003, ch. 162, section §1 and by P.L. 2003, ch. 170, section §1.

      (e) "Criminal offense against a victim who is a minor" means and includes any of the

following offenses or any offense in another jurisdiction which that is substantially the equivalent

of the following or for which the person is or would be required to register under 42 U.S.C.

section §14071 or 18 U.S.C. section § 4042(c):

      (1) Kidnapping or false imprisonment of a minor, in violation of section §§11-26-1.4,

11-26-1 or 11-26-2, where the victim of the offense is sixteen (16) years of age or older and under

the age of eighteen (18) years;

      (2) Enticement of a child in violation of section §11-26-1.5 with the intent to violate

sections §§11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3;

      (3) Any violation of section §11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;

      (4) Any violation of section §11-1-10, where the underlying offense is a violation of,

chapter 34 of this title and the victim, or person solicited to commit the offense, is under the age

of eighteen (18) years;

      (5) Any violation of section §11-9-1(b) or (c); or

      (6) Any violation of section §11-9-1.3;

     (7) Any violation of § 11-9-1.5;

      (7)(8) Any violation of section §11-37.1-10;

      (8)(9) Any violation of section §11-37-8.8;

      (9)(10) Any violation of section 11-64-2 where the victim is under the age of eighteen

(18) years; or

      (10)(11) Murder in violation of section §11-23-1 where the murder was committed in the

perpetration of, or attempted perpetration of, kidnapping and where the victim of the offense is

under eighteen (18) years of age.

      (f) "Designated state law enforcement agency" means the attorney general or his or her

designee.

      (g) "Employed, carries on a vocation" means and includes the definition of "employed,

carries on a vocation" under 42 U.S.C. section §14071.

      (h) "Institutions of higher education" means any university, two (2)-or four (4)-year

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college or community college.

      (i) "Mental abnormality" means a congenital or acquired condition of a person that

affects the emotional or volitional capacity of the person in a manner that predisposes that person

to the commission of criminal sexual acts to a degree that makes the person a menace to the

health and safety of other persons.

      (j) "Predator" means a person whose act(s) is (are) or was (were) directed at a stranger,

or at a person with whom a relationship has been established or promoted for the primary purpose

of victimization.

      (k) "Sexually violent offense" means, and includes, any violation of section §§11-37-2,

11-37-4, 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, or 11-5-1 where the specified felony is sexual

assault, or section §11-23-1 where the murder was committed in the perpetration of, or attempted

perpetration of, rape or any degree of sexual assault or child molestation, or any offense in

another jurisdiction which that is substantially the equivalent of any offense listed in this

subsection or for which the person is or would be required to register under 42 U.S.C. section

14071 or 18 U.S.C. section 4042(c).

      (l) "Sexually violent predator" means a person who has been convicted of a sexually

violent offense and who has a mental abnormality or personality disorder that makes the person

likely to engage in predatory sexually violent offenses.

      (m) "Student" means, and includes, the definition of "student" under 42 U.S.C. section

§14071.

      (n) "Parole board" means the parole board or its designee.

     SECTION 2. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by

adding thereto the following section:

     11-9-1.5. Electronically disseminating indecent material to minors 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 that

processes data, telephone, 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 depicting one or

more persons engaging in sexually explicit conduct, is obscene as defined in § 11-31-1(b), and

includes:

     (i) Data stored on any computer, telecommunication device, or other electronic storage

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media that is capable of conversion into a visual image; or

     (ii) Digital video depicting sexually explicit conduct transmitted live over a computer

online service, internet service, or local electronic bulletin board service. If a digital image or

digital video is part of a larger work, that larger work shall be the subject for the purpose of § 11-

31-1(b) analysis.

     (5) "Sexually explicit conduct" means actual:

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

oral-anal, or lascivious sexual intercourse where the genitals or pubic area of any person is

exhibited;

     (ii) Bestiality;

     (iii) Masturbation;

     (iv) Sadistic or masochistic abuse; or

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

     (b) No person shall knowingly and intentionally use a computer or telecommunication

device to transmit an indecent visual depiction to a person he or she knows is, or believes to be, a

minor.

     (c) No minor shall be charged under this section if his or her conduct falls within §11-9-

1.4, "Minor Electronically Disseminating Indecent Material to Another Person - "Sexting"

Prohibited."

     (d) No person shall be charged under this section if the minor to whom the indecent

visual depiction was transmitted was fifteen (15) years of age or older and the person transmitting

the indecent visual depiction was not more then four (4) years older than the minor.

     (e) The fact that an undercover operative or law enforcement officer was involved in the

detection and investigation of an offense under this section shall not constitute a defense to a

prosecution under this section.

     (f) Those in violation of this section shall be guilty of a felony and subject to

imprisonment for not more than five (5) years, a fine of not more than five thousand dollars

($5,000), or both.

     (g) Those in violation of this section shall be subject to sex offender registration

requirements set forth in §11-37.1-1 et seq., entitled "Sexual Offender Registration and

Community Notification Act."

     (h) Nothing in this section shall be construed to impose liability upon the following

entities as a result of content or information provided by another person:

     (1) An interactive computer service;

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     (2) A provider of public or private mobile service; or

     (3) A telecommunications network provider.

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     SECTION 3. 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

***

     This act would make it a felony to knowingly disseminate the electronic transmission of

indecent materials to minors and would subject those offenders to the Sexual Offender

Registration and Community Notification Act.

     This act would take effect upon passage.

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