Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0563 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- S 0563
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7	7	LC000338
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL OFFENSES -- CHILDREN
16	16	Introduced By: Senators de la Cruz, E Morgan, Rogers, Burke, and Patalano
17	17	Date Introduced: February 26, 2025
18	18	Referred To: Senate Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by 1
23	23	adding thereto the following section: 2
24	24	11-9-1.7. Prohibition of obscene material. 3
25	25	(a) Definitions. As used in this section: 4
26	26	(1) "Minor" means any person not having reached eighteen (18) years of age. 5
27	27	(2) "Sexually explicit conduct" means graphic sexual intercourse, including genital-genital, 6
28	28	oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or 7
29	29	lascivious simulated sexual intercourse where the genitals, female breast, or pubic area of any 8
30	30	person is exhibited; masturbation; or graphic or simulated lascivious exhibition of the anus, 9
31	31	genitals, or pubic area of any person. 10
32	32	(3) "Visual depiction" includes, but is not limited to, any undeveloped film or videotape, 11
33	33	any data stored on a computer disk or by electronic means, which is capable of conversion into a 12
34	34	visual image, any drawing, cartoon, sculpture, photograph, film, video, picture, or computer or 13
35	35	computer-generated image or picture, whether made or produced by electronic, mechanical, or 14
36	36	other means. 15
37	37	(b) Violations. It is a violation of this section for any person who: 16
38	38	(1) Knowingly produces, distributes, receives, or possesses with intent to distribute, a 17
39	39	visual depiction of any kind, including a drawing, cartoon, sculpture, photograph, film, video, 18
40	40	picture, or computer or computer-generated image or picture, whether made or produced by 19
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44	44	electronic, mechanical, or other means, that depicts a minor engaging in sexually explicit conduct 1
45	45	and is obscene and lacks serious literary, artistic, political, or scientific value; or attempts or 2
46	46	conspires to do so; 3
47	47	(2) Knowingly possesses a visual depiction of any kind, including a drawing, cartoon, 4
48	48	sculpture, photograph, film, video, picture, or computer or computer-generated image or picture, 5
49	49	whether made or produced by electronic, mechanical, or other means that depicts a minor engaging 6
50	50	in sexually explicit conduct and is obscene and lacks serious literary, artistic, political, or scientific 7
51	51	value; or 8
52	52	(3) Knowingly makes available to or distributes to a minor, any obscene, lewd, lascivious, 9
53	53	or sexually explicit conduct book, pamphlet, picture, film, paper, letter, writing, print, drawing, 10
54	54	figure, image or other cartoon, sculpture, photograph, video or computer or computer-generated 11
55	55	image or picture, whether made or produced by electronic, mechanical, or other means and lacks 12
56	56	serious literary, artistic, political, or scientific value. 13
57	57	(c) Affirmative defenses. 14
58	58	It shall be an affirmative defense to a charge of violating subsection (b)(2) of this section 15
59	59	that the defendant: 16
60	60	(1) Possessed less than three (3) such visual depictions; and 17
61	61	(2) Promptly and in good faith and without retaining or allowing any person, other than a 18
62	62	law enforcement agency, to access any image or copy of it: 19
63	63	(i) Took reasonable steps to destroy each such visual depiction; or 20
64	64	(ii) Reported the matter to a law enforcement agency and afforded that agency access to 21
65	65	each such visual depiction. 22
66	66	(d) Penalties. 23
67	67	(1) Whoever violates or attempts or conspires to violate subsection (b)(1) of this section 24
68	68	shall be subject to a fine of not more than five thousand dollars ($5,000), or imprisoned for not 25
69	69	more than fifteen (15) years, or both. 26
70	70	(2) Whoever violates or attempts or conspires to violate subsection (b)(2) of this section 27
71	71	shall be subject to a fine of not more than five thousand dollars ($5,000), or imprisoned for not 28
72	72	more than five (5) years, or both. 29
73	73	(3) Whoever violates or attempts or conspires to violate subsection (b)(3) of this section 30
74	74	shall be subject to a fine of not more than one thousand dollars ($1,000), or imprisoned for not 31
75	75	more than two (2) years, or both. 32
76	76	(4) It is not a required element of any offense under this section that the minor depicted 33
77	77	actually exists. 34
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81	81	(e) Severability. If any provision or provisions of this section, or the application of this 1
82	82	section to any person or circumstance is held invalid by a court of competent authority, that 2
83	83	invalidity does not affect other provisions or applications of this section which can be given effect 3
84	84	without that invalid provision or provisions or application of the provision or provisions, and to 4
85	85	this end the provisions of this section are declared to be separable and severable. 5
86	86	SECTION 2. This act shall take effect upon passage. 6
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93	93	EXPLANATION
94	94	BY THE LEGISLATIVE COUNCIL
95	95	OF
96	96	A N A C T
97	97	RELATING TO CRIMINAL OFFENSES -- CHILDREN
98	98	***
99	99	This act would prohibit the distribution, transfer, or possession of any material that depicts 1
100	100	a minor engaging in sexually explicit conduct, is obscene and lacks serious literary, artistic, 2
101	101	political, or scientific value with violators subject to imprisonment and fines ranging from two (2) 3
102	102	to fifteen (15) years and fines from one thousand dollars ($1,000) to five thousand dollars ($5,000). 4
103	103	This act would take effect upon passage. 5
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