Defense Attorney Helping You Fight Child Porn Charges
Serving all of Rhode Island with Offices in Warren and Providence
If you or a loved one have been charged with possession of child pornography in Rhode Island, you need an aggressive and experienced criminal defense attorney by your side to defend your reputation and your freedom.
What is child pornography in Rhode Island?
Under Rhode Island General Laws § 11-9-1.3(c), 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.”
Sexually explicit conduct is defined as
- Graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, or lascivious sexual intercourse where the genitals, or pubic area of any person is exhibited;
- Sadistic or masochistic abuse; or
- Graphic or lascivious exhibition of the genitals or pubic area of any person
What conduct is illegal?
In Rhode Island, it is illegal for any person to:
- Produce child pornography including producing, directing, manufacturing, issuing, publishing or advertising
- Mail, transport, deliver or transfer
- Reproduce child pornography
- Possess in any manner including in a book, magazine, or computer file
What are the penalties for crimes involving child pornography in Rhode Island?
Under Rhode Island law, any individual found to be in possession of child pornography shall face up to five (5) years in prison and/or a fine of up to $5,000.
Individuals found guilty of producing, reproducing, mailing, transporting, delivering, or transferring child pornography shall face up to fifteen (15) years in jail and/or up to $5,000 in fines.
Additionally, child pornography charges can result in mandatory sex offender registration.
What happens when you are suspected of committing a child pornography crime?
It is important for individuals to remember that they do not need to allow police to search their home without a warrant and they do not need to speak with the police without a lawyer or at all.
Once you become the target of a child porn sting, the police will generally execute a search warrant for the target’s home, including all electronic devices. Police will also try to obtain a confession from the target.
What will happen after an arrest for a child pornography crime?
After arrest, an individual is formally arraigned before a judge on child pornography charges. At arraignment, the judge will impose special bail conditions including, but not limited to, no internet and computer use and no contact with children under the age of eighteen.
In today’s modern society, computers and the internet are used for many everyday tasks, such as banking, email, work, taxes, and much more. Having an experienced Rhode Island pornography lawyer by your side at arraignment can ensure that you do not face this restrictive bail conditions. Our criminal defense attorneys have been successful fighting against these bail conditions and will work to ensure these restrictions do not limit your ability to work and carry on a normal life.
Defenses to Child Pornography Crimes
There are many defenses to this type of crime in Rhode Island. These can include:
- Challenging searches that lead to the discovery of the pornography
- Challenging confessions made by the arrestee
- Arguing that the pornography was not possessed “knowingly” based on the nature of filing sharing programs, computer viruses and spyware, or other users on the computer
Several defenses are also statutory, meaning that the legislature has acknowledged them in the child pornography statute. These defenses include, but are not limited to:
- Possessing less than three (3) images and promptly destroying the images and reporting them to law enforcement officials
- Producing, reproducing, transferring materials where the person was actually an adult at the time, with no intent to convey the image as a minor engaged in sexually explicit conduct
Do Not Hesitate- Get us working for you today!
Getting charged with a child pornography crime can be humiliating and debilitating. Just the mere accusation of this type of crime can have long lasting effects on one’s life. If you or a loved one have been arrested for a child porn crime in Rhode Island, contact the experienced and dedicated criminal defense attorneys at Abilheira Law today. Our lawyers will go to work for you immediately and will help preserve your reputation and your freedom.
Call Rhode Island Child Pornography Defense Lawyers today- (401) 307-4083!