As reported by Donita Naylor in the October 31, 2013 edition of the Providence Journal, the Rhode Island State Police have arrested eleven (11) men for transferring and possessing child pornography. The men range in age from nineteen (19) to sixty-six (66) years old. Two (2) of the men work for schools, one as a bus monitor and the other as a high school teacher. One man is a bail violator as he was on bail for charges of child abuse and assault on an impaired person.
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 very broadly defined to include 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 if convicted of transferring 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. The penalties if convicted of possession of child pornography include a fine of not more than five thousand dollars ($5,000), or imprisoned not more than five (5) years, or both.
If you or a family member has been charged with possession of child pornography, child molestation or other sex crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.