Bill > S0563

This bill adds a new section to Rhode Island's criminal code that prohibits the production, distribution, possession, and sharing of obscene visual depictions involving minors that lack serious artistic, literary, political, or scientific value. The bill defines key terms such as "minor" (under 18 years old), "sexually explicit conduct" (which includes graphic sexual acts, masturbation, and lascivious exhibitions), and "visual depiction" (encompassing various media types like photos, videos, and computer-generated images). The legislation establishes different penalties based on the specific violation: producing or distributing such material could result in up to 15 years in prison and a $5,000 fine; possessing such material could lead to up to 5 years in prison and a $5,000 fine; and making obscene material available to a minor could result in up to 2 years in prison and a $1,000 fine. The bill also provides an affirmative defense for individuals who possess fewer than three such images and either destroy them or report them to law enforcement. Notably, the bill specifies that it is not necessary to prove the actual existence of the minor depicted. The legislation includes a severability clause to ensure that if any part of the law is found invalid, the remaining provisions can still be enforced.