Child pornography is a crime in every state. It’s defined as intentionally possessing, distributing, manufacturing or exhibiting sexually explicit material that involves someone under the age of eighteen.
Because human trafficking is oftentimes linked to pornography, this offense is heavily penalized by the state.
Top Defenses for Child Pornography Include:
- Misidentification – someone other than the accused could be using a false moniker or name to conduct pornography rings.
- Unaware – The defendant was unaware that this material was in their possession. Unawareness can additionally be interpreted from another angle: An offender may’ve sincerely believed that the material involved an adult instead of a child. A criminal defense attorney can help to prove this.
Penalties for Child Pornography
Penalties for child pornography are dependent on several factors, such as whether the offender owned, created, or distributed the material. Possession of child porn is penalized in the state of Rhode Island by up to five years imprisonment, and up to five thousand in fines.
Examples of these materials may include one or more of the following: books, magazines, photos, DVDs, videos.
What if the defendant is the producer or manufacturer of child pornography?
In such cases a maximum imprisonment of fifteen years may be enforced, as opposed to five years for child pornography possession alone. The legal defense team can argue that the manufacturer was unaware of the current age of the participant – as is true in many instances.
What Additional Penalties Are Exercised in Child Pornography?
The defendant will most likely be ordered to register as a sex offender in the state of Rhode Island.