TITLE 11
Criminal Offenses

CHAPTER 11-9
Children

SECTION 11-9-1.5


§ 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 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;

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

(3) A telecommunications network provider.

History of Section.
(P.L. 2014, ch. 416, § 2; P.L. 2014, ch. 448, § 2.)