Chapter 355
2021 -- S 0502 SUBSTITUTE A
Enacted 07/12/2021

A N   A C T
RELATING TO CRIMINAL OFFENSES -- CHILDREN

Introduced By: Senators Burke, Archambault, F Lombardi, and Lombardo

Date Introduced: March 04, 2021

It is enacted by the General Assembly as follows:
     SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by
adding thereto the following section:
     11-9-1.6. Child erotica prohibited.
     (a) Definitions as used in this section:
     (1) "Minor" means any person not having reached eighteen (18) years of age.
     (2) "Produces" means produces, directs, manufactures, issues, publishes, or advertises.
     (3) "Visual portrayal" means any visual depiction as defined in ยง 11-9-1.3, including, but
not limited to, any photograph, film, video, picture, or computer-generated image or picture
whether made or produced by electronic, mechanical, or other means.
     (b) Any person age eighteen (18) or over who knowingly and voluntarily, without threat or
coercion, produces, possesses, displays, or distributes, in any form, any visual portrayals of minors
who are partially clothed, where the visual portrayals are used for the specific purpose of sexual
gratification or sexual arousal from viewing the visual portrayals, is guilty of a misdemeanor and,
upon conviction, shall be confined in jail for not more than one year, or fined not more than one
thousand dollars ($1,000), or both.
     (c) Affirmative defenses.
     (1) It shall be an affirmative defense to a charge of violating this section that:
     (i) The alleged child erotica was produced using an actual person or persons who was an
adult at the time the material was produced;
     (ii) The defendant promptly and in good faith and without retaining or allowing any person,
other than a law enforcement agency, to access any visual portrayal or copy of it:
     (A) Took reasonable steps to destroy each such visual portrayal; or
     (B) Reported the matter to a law enforcement agency and afforded that agency access to
each such image.
     (iii) That the possessor, displayer, or distributor of child erotica is the parent or legal
guardian of the child depicted in the visual portrayals and there is no competent evidence to prove
an intent to use the visual portrayals for sexual gratification or sexual arousal from viewing the
visual portrayals.
     (d) Severability. If any provision or provisions of this section, or the application of this
section to any person or circumstance is held invalid by a court of competent authority, that
invalidity does not affect the other provisions or applications of this section which can be given
effect without that invalid provision or provisions or application of the provision or provisions, and
to this end the provisions of this section are declared to be separable and severable.
     SECTION 2. This act shall take effect upon passage.
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LC002098/SUB A
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