2020 -- H 7737 | |
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LC004362 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO CRIMINAL OFFENSES -- CHILDREN | |
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Introduced By: Representatives Ackerman, Shekarchi, Hawkins, Jackson, and Noret | |
Date Introduced: February 26, 2020 | |
Referred To: House Judiciary | |
(RI State Police) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by |
2 | adding thereto the following section: |
3 | 11-9-1.6. Child erotica prohibited. |
4 | (a) Any person age eighteen (18) or over who knowingly and voluntarily, without threat |
5 | or coercion, produces, possesses, displays or distributes, in any form, any visual portrayals of |
6 | minors who are partially clothed, where the visual portrayals are used for the specific purpose of |
7 | sexual gratification or sexual arousal from viewing the visual portrayals, is guilty of a |
8 | misdemeanor and, upon conviction, shall be confined in jail for not more than one year, or fined |
9 | not more than one thousand dollars ($1,000), or both. |
10 | (b) Affirmative defenses. |
11 | (1) It shall be an affirmative defense to a charge of violating this section that: |
12 | (i) The alleged child erotica was produced using an actual person or persons who was an |
13 | adult at the time the material was produced; |
14 | (ii) The defendant promptly and in good faith and without retaining or allowing any |
15 | person, other than a law enforcement agency, to access any image or copy of it: |
16 | (A) Took reasonable steps to destroy each such image; or |
17 | (B) Reported the matter to a law enforcement agency and afforded that agency access to |
18 | each such image. |
19 | (iii) That the possessor, displayer or distributor of child erotica is the parent or legal |
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1 | guardian of the child depicted in the visual portrayals and there is no competent evidence to prove |
2 | an intent to use the visual portrayals for sexual gratification or sexual arousal from viewing the |
3 | visual portrayals. |
4 | (c) Severability. If any provision or provisions of this section, or the application of this |
5 | section to any person or circumstance is held invalid by a court of competent jurisdiction, that |
6 | invalidity does not affect the other provisions or applications of this section which can be given |
7 | effect without that invalid provision or provisions or application of the provision or provisions, |
8 | and to this end the provisions of this section are declared to be separable and severable. |
9 | SECTION 2. This act shall take effect upon passage. |
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LC004362 | |
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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 make it a misdemeanor to possess, transfer and/or produce child erotica |
2 | for the specific purpose of sexual gratification or sexual arousal, punishable by confinement in |
3 | jail for not more than one year, or fine of not more one thousand dollars ($1,000), or both. |
4 | This act would take effect upon passage. |
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LC004362 | |
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