As reported by Donita Naylor in the December 17, 2011 edition of the Providence Journal, a Foster man has been sentenced in federal court on downloading child pornography charges. The man was sentenced to five (5) years imprisonment, restitution and will remain on lifetime supervision upon his release.
Pursuant to Rhode Island General Laws 11-9-1.3, it is a violation of this section for any person to:
(1) Knowingly produce any child pornography;
(2) Knowingly mail, transport, deliver or transfer by any means, including by computer, any child pornography;
(3) Knowingly reproduce any child pornography by any means, including the computer; or
(4) Knowingly possess any book, magazine, periodical, film, videotape, computer disk, computer file or any other material that contains an image of child pornography.
Child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where:
(i) The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(ii) Such visual depiction is a digital image, computer image, or computer-generated image of a minor engaging in sexually explicit conduct; or
(iii) Such visual depiction has been created, adapted, or modified to display an identifiable minor engaging in sexually explicit conduct.
The penalties for downloading child pornography include a fine of not more than five thousand dollars ($5,000), or imprisoned for not more than fifteen (15) years, or both.
If your or a family member have been charged with possession of child pornography, first degree sexual assault or other sex crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Contact Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.