As reported by in the February 25, 2013 edition of Rhode Island Lawyers Weekly, a Richmond man has been sentenced in U.S. District Court for charges of receiving child pornography, possession and distribution of child pornography. The man was arrested after he sent a "sexually graphic text message" to one of the teenagers he coached. The man was sentenced to five (5) years imprisonment.
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.
The penalties for 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. The penalties for receiving and/or distributing 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.
There is a limited affirmative defense for possession of child pornography which includes: It shall be an affirmative defense to a charge of violating subdivision (a)(4) [possession of child pornography] of this section that the defendant:
(i) Possessed less than three (3) images of child pornography; and
(ii) Promptly and in good faith and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy of it:
(A) Took reasonable steps to destroy each such image; or
(B) Reported the matter to a law enforcement agency and afforded that agency access to each such image.
In this case, the man had nearly nine hundred (900) images and nearly one hundred (100) videos of child pornography on various technological devices.
If you or a family member has been charged with possession of child pornography, child molestation or sexual assault, 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 firstname.lastname@example.org.