Recent Posts in Child Pornography Category

As reported by the Associated Press on May 17, 2010, the U.S. Supreme Court ruled that the federal government has the power to hold inmates in prison after their prison terms are complete, if the prisoner is considered "sexually dangerous."  Labeling a prisoner sexually dangerous means prison officials have determined there is a "risk of sexually violent conduct or child molestation" if the prisoner is released.  The decision by the Court allows prisoners to be held indefinitely, beyond the term of their prison sentence, a form of civil commitment. A group of four inmates were challenging their commitment, after being held two years beyond the end of their prison terms.  The men were charged with possession of child pornography or sexual abuse of a minor.

I am honored to have had the opportunity to present with Judge Hastings, Judge Houlihan, Attorney Kimberly Petta and Trooper Yelle the Rhode Island Law Day program at the Newport County Superior Court.  The Rhode Island Law Day program focused on the serious issues of Cyber-Bullying and the dangers of posting personal information on the Internet.  In attendance at the program were over seventy students from Thompson Middle School located in Newport, Rhode Island.  The Rhode Island Bar Association does an excellent job in presenting programs throughout the State for middle school and high school students to celebrate Law Day.  It is extremely beneficial for young people to understand our judicial system and to have an opportunity to discuss topics which are relevant to them.

If you or a family member has been charged with an Internet crime such as Cyber-Bullying or Sexting, which can lead to child pornography charges, please contact the Law Offices of Robert H. Humphrey.  Attorney Robert H. Humphrey is a recognized leader in the area of sex crimes and Internet-related crimes and his office serves all of Newport County (Newport, Middletown, Portsmouth, Tiverton, Little Compton), Washington County (Charlestown, Exeter, Hopkinton, Narragansett, New Shoreham, North Kingstown, Richmond, South Kingstown, Wakefield and Westerly),  Kent County (Coventry, East Greenwich, Warwick, West Greenwich and West Warwick), and Providence County (Burrillville, Central Falls, Cranston, Cumberland, East Providence, Foster, Glocester, Johnston, Lincoln, North Providence, North Smithfield, Pawtucket, Providence, Scituate, Smithfield and Woonsocket).  Please contact Attorney Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

As reported by Talia Buford in the March 2, 2010 Providence Journal, a bill has been introduced at the General Assembly to protect minors engaged in "sexting."  Under current Rhode Island law, minors caught "sexting" can be prosecuted under the child pornography statute.  If convicted, minors would be labeled as a lifetime sex offender.  Under the proposed bill, minors caught sexting would be referred to Family Court and charged with a status offense.   If convicted, the minor would be treated with intervention and counseling instead of jail time.   On April 7, 2010, the House Committee on Judiciary held a hearing on the proposed sexting bill.

If you or a family member have been charged with a sex crime in Rhode Island, including sexting or other criminal offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

As reported in the March 2, 2010, Providence Journal by staff writer, Talia Buford, legislation proposed by the Department of Attorney General would decrease the penalty for minors who are caught sexting so they would not be prosecuted under the  child pornography statute.  “The proposed legislation would create a lesser offense, and allow for counseling and intervention rather than a lifetime sex-offender label.”  Under the proposed legislation, the cases would be referred to the intake unit of the Family Court and “minors who “knowingly and voluntarily” send sexually explicit videos or photographs of themselves to another person would find their case considered a status offense, which is less than a crime.”  The Department of Attorney General has stated that “the only other option has been to prosecute juveniles possessing, distributing or manufacturing child pornography – a felony punishable by up to 5 years in prison and $5,000.00 fine, and which requires the person to register as a sex offender.” 

Whether the act of young people sexting to each other should be a criminal offense is a subject open to debate and it is likely that the proposed legislation will receive much scrutiny.

As an adjunct professor at Salve Regina University, located in Newport, Rhode Island, I am honored to teach the students regarding Rhode Island sex crimes.  The recently conducted Sex Crimes class at Salve Regina University addressed a broad range of Rhode Island  sex crimes including the following:

• First degree sexual assault
• Second degree sexual assault
• Third degree sexual assault
• First degree child molestation
• Second degree child molestation
• Bigamy
• Adultery
• Necrophilia
• Abominable and detestable crime against nature
• Disorderly conduct – lascivious purpose
• Disorderly conduct – indecent exposure
• Prostitution 
• Video voyeurism
• Child pornography
• Trafficking of persons for forced labor or commercial sexual activity

As reported by staff writer, Amanda Milkovits, in the December 22, 2009, edition of the Providence Journal, “for the second time in eight years, a former middle school teacher and church deacon has been accused of trying to solicit an underage girl over the Internet.”

In the past, the accused was caught in the same manner because the underage person he thought he was communicating with over the Internet was actually a member of the Rhode Island State Police Internet Crimes Against Children Task Force.  Upon his arrest, the accused was arraigned before the Providence District Court on charges of possession of child pornography.  The accused “had recently completed five years of probation and served two years in prison, after pleading guilty in 2002 to attempted statutory rape and sending child pornography over the Internet.”

Pursuant to R.I.G.L. 11-9-1.3 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 penalty for violating the child pornography statute includes a fine of not more than $5,000.00 or imprisonment for not more than fifteen (15) years or both. 

If you or a family member has been accused of child pornography or any other sex crime it can be one of the most embarrassing and traumatic events in a person’s life.  Please allow Attorney Robert H. Humphrey’s reputation, experience and skill to successfully guide you through the legal process when you have been charged with a sex offense in Rhode Island.

For more information regarding Surveying Sex Crimes Laws in Rhode Island, which was published in the March/April 2005 edition of the Rhode Island Bar Journal and is reproduced here with the permission of the Rhode Island Bar Journal, please see my Attorney Profile page.

Call Attorney Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com for your free consultation.