AN ACT RELATING TO CRIMINAL OFFENSES -- CHILDREN (Prohibits the distribution, transfer, or possession of any material that depicts a minor engaging in sexually explicit conduct and is obscene and lacks serious literary, artistic, political, or scientific value.)

S2595

2026 -- S 2595
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LC003340
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL OFFENSES -- CHILDREN

Introduced By:
Senators de la Cruz, and Rogers

Date Introduced:
February 13, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by
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adding thereto the following section:
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11-9-1.7. Prohibition of obscene material.
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(a) Definitions. As used in this section:
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(1) "Minor" means any person not having reached eighteen (18) years of age.
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(2) "Sexually explicit conduct" means graphic sexual intercourse, including genital-genital,
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oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or
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lascivious simulated sexual intercourse where the genitals, female breast, or pubic area of any
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person is exhibited; masturbation; or graphic or simulated lascivious exhibition of the anus,
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genitals, or pubic area of any person.
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(3) "Visual depiction" includes, but is not limited to, any undeveloped film or videotape,
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any data stored on a computer disk or by electronic means, which is capable of conversion into a
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visual image, any drawing, cartoon, sculpture, photograph, film, video, picture, or computer or
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computer-generated image or picture, whether made or produced by electronic, mechanical, or
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other means.
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(b) Violations. It is a violation of this section for any person who:
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(1) Knowingly produces, distributes, receives, or possesses with intent to distribute, a
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visual depiction of any kind, including a drawing, cartoon, sculpture, photograph, film, video,
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picture, or computer or computer-generated image or picture, whether made or produced by

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electronic, mechanical, or other means, that depicts a minor engaging in sexually explicit conduct
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and is obscene and lacks serious literary, artistic, political, or scientific value; or attempts or
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conspires to do so;
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(2) Knowingly possesses a visual depiction of any kind, including a drawing, cartoon,
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sculpture, photograph, film, video, picture, or computer or computer-generated image or picture,
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whether made or produced by electronic, mechanical, or other means that depicts a minor engaging
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in sexually explicit conduct and is obscene and lacks serious literary, artistic, political, or scientific
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value; or
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(3) Knowingly makes available to or distributes to a minor, any obscene, lewd, lascivious,
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or sexually explicit conduct book, pamphlet, picture, film, paper, letter, writing, print, drawing,
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figure, image or other cartoon, sculpture, photograph, video or computer or computer-generated
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image or picture, whether made or produced by electronic, mechanical, or other means and lacks
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serious literary, artistic, political, or scientific value.
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(c) Affirmative defenses.
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It shall be an affirmative defense to a charge of violating subsection (b)(2) of this section
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that the defendant:
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(1) Possessed less than three (3) such visual depictions; and
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(2) Promptly and in good faith and without retaining or allowing any person, other than a
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law enforcement agency, to access any image or copy of it:
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(i) Took reasonable steps to destroy each such visual depiction; or
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(ii) Reported the matter to a law enforcement agency and afforded that agency access to
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each such visual depiction.
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(d) Penalties.
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(1) Whoever violates or attempts or conspires to violate subsection (b)(1) of this section
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shall be subject to a fine of not more than five thousand dollars ($5,000), or imprisoned for not
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more than fifteen (15) years, or both.
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(2) Whoever violates or attempts or conspires to violate subsection (b)(2) of this section
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shall be subject to a fine of not more than five thousand dollars ($5,000), or imprisoned for not
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more than five (5) years, or both.
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(3) Whoever violates or attempts or conspires to violate subsection (b)(3) of this section
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shall be subject to a fine of not more than one thousand dollars ($1,000), or imprisoned for not
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more than two (2) years, or both.
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(4) It is not a required element of any offense under this section that the minor depicted
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actually exists.

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(e) Severability. If any provision or provisions of this section, or the application of this
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section to any person or circumstance is held invalid by a court of competent authority, that
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invalidity does not affect other provisions or applications of this section which can be given effect
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without that invalid provision or provisions or application of the provision or provisions, and to
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this end the provisions of this section are declared to be separable and severable.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES -- CHILDREN
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This act would prohibit the distribution, transfer, or possession of any material that depicts
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a minor engaging in sexually explicit conduct, is obscene and lacks serious literary, artistic,
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political, or scientific value with violators subject to imprisonment and fines ranging from two (2)
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to fifteen (15) years and fines from one thousand dollars ($1,000) to five thousand dollars ($5,000).
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This act would take effect upon passage.
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