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POSSESSION OF CHILD PORNOGRAPHY

Rhode Island child pornography charges are extremely serious.  If you are convicted of child pornography charges in Rhode Island, you can face the possibility of up to fifteen (15) years at the ACI (RI State Prison), a fine of up to $5,000 and mandatory sex offender registration.  There are also many collateral consequences that can arise from a conviction on child pornography charges including deportation, eviction, loss of professional licenses, and job loss.  These cases are aggressively prosecuted by the Rhode Island Department of Attorney General's Office in State Court and the United States Attorney's Office in the Rhode Island Federal Court.  The stigma surrounding these charges can be overwhelming especially when everyone immediately treats you as you are presumed guilty instead of presumed innocent.  It is extremely important that you immediately obtain experienced legal representation to protect your interests and provide you with expert legal advice.

At the Law Offices of Matthew T. Marin, Esq. Inc., we are dedicated Rhode Island Criminal Defense Attorneys and we know how to represent you so that your rights are protected.  Child pornography accusations can damage your freedom and reputation.  Changes in technology and technological advances in criminal investigations can create accidental or inaccurate charges.  Accidental or mistaken viewing of child pornography is an increasing danger to everyone who surfs the internet.  We have the experience and skills to aggressively defend your charges and fight your case in the Rhode Island State and Federal Courts.

Child Pornography Charges in Rhode Island

Possession of Child Pornography

Rhode Island law prohibits the knowing possession of any "book, magazine, periodical, film, videotape, computer disk, computer file or any other material that contains an image of child pornography." Rhode Island General Law Section 11-9-1.3(a)(4)  If convicted, an individual faces penalties including:

  • Up to five (5) years in state prison
  • Up to a $5,000 Fine
  • Mandatory Sex Offender Registration

Transfer of Child Pornography

Rhode Island law prohibits the transfer of child pornography by "mail, transport, delivery or transfer by any means, including by computer." Rhode Island General Law Section 11-9-1.3(a)(2)  If convicted of transfer of child pornography, an individual faces penalties including:

  • Up to fifteen (15) years in state prison
  • Up to a $5,000 Fine
  • Mandatory Sex Offender Registration

Production of Child Pornography

Additionally, Rhode Island law prohibits the production of child pornography. Rhode Island General Law Section 11-9-1.3(a)(1)  If a Defendant is convicted of producing child pornography in Rhode Island, they face penalties including:

  • Up to fifteen (15) years in state prison
  • Up to a $5,000 Fine
  • Mandatory Sex Offender Registration

 Federal Rhode Island Child Pornography Charges

Recently, the United States Attorney's Office in Rhode Island has become much more active in investigating, charging, and prosecuting child pornography charges in Rhode Island.  Many State child pornography charges arise out of the combined efforts of local and federal law enforcement as a result of information obtained from federal tracking of online activity by the National Center for Missing and Exploited Children.  Federal sentencing penalties for child pornography charges can vary widely, and it is extremely important to speak with an experienced Federal Rhode Island Child Pornography Lawyer if faced with these charges.  Contact Attorney Matthew Marin immediately for important advice and guidance to protect your rights and put your best defense forward.

Defenses to Rhode Island Child Pornography Charges

There are many defenses to child pornography charges brought by the Rhode Island authorities.  Some of those defenses are statutory in nature, meaning that the legislature included certain affirmative defenses to ensure that innocent individuals were not prosecuted and convicted for inadvertent viewing or possession of child pornography.  Other defenses are judicial in nature, meaning that the Courts have carved out certain exceptions or defenses to Rhode Island child pornography charges after reviewing cases that have come before the court.  Some of these defenses include:

  • The individual depicted in the material was an adult at the time of its creation;
  • The defendant possessed less than three images of child pornography AND either promptly destroyed the images or notified law enforcement of the images;
  • Prosecution must establish that the child pornography depicted actual children, not computer generated images;
  • Challenging the computer forensics examination and police investigation including (1) the lack of timeliness of the computer forensic examination, (2) the lack of equipment or training of officers, (3) issues involving search warrants.

Experienced Rhode Island Child Pornography Defense Attorney

If you have been charged or are being investigated regarding child pornography charges in Rhode Island, you must immediately contact an experienced criminal defense attorney who has assisted clients facing similar child pornography charges in Rhode Island.  Attorney Matthew Marin is available 24/7 to speak with you regarding the investigation, charges, and case against you.  Contact us now at 401-228-8271 or by email at mm@matthewtmarin.com. 

Attorney Marin Named A Super Lawyers Rising Star Three Consecutive Years 2014-2016

Attorney Matthew Marin was named a Rhode Island Rising Star by Super Lawyers for 3 consecutive years from 2014 thru 2016. Each year, no more than 2.5 percent of the lawyers in Rhode Island are selected by the Research Team at Super Lawyers to receive this honor. Super Lawyers selects lawyers who have attained a high degree of peer recognition and professional achievement in their practice area.


Rhode Island Member of the National College for DUI Defense

Attorney Marin is a Rhode Island General Member of the National College for DUI Defense. Members represent some of the most experienced and cutting edge DUI defense attorney's throughout the Country. Nationwide, DUI laws are extremely complex and constantly changing and the College facilitates the exchange of innovative defenses throughout the Country.

NCDD National College for DUI Defense: Matthew Marin