Child Pornography

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.

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 for your free consultation.

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