CHARGES:
(1) MAIL, TRANSPORT, DELIVER, OR TRANSFER CHILD PORNOGRAPHY
(2) POSSESS CHILD PORNOGRAPHY

Attorney Kensley Barrett of the Marin and Barrett Law Firm successfully defended a case involving a client charged with mail, transport, deliver, or transfer child pornography and possession of child pornography. In December 2021, the Rhode Island State Police received a cyber tip from federal authorities regarding an individual in Rhode Island uploading images of suspected child pornography. Using the IP address provided by service providers, the State Police located the residence where the activity originated. A search warrant was executed, and the police found child pornography on the client's cell phone during the search.

The client was originally charged with possession and distribution of 165 images of child pornography. However, the client had a diagnosis of Asperger's syndrome, so the attorney immediately obtained documentation from their high school and middle school showing they had an Individualized Education Program (IEP) throughout their schooling. The attorney also enrolled the client in treatment and obtained a sex offender evaluation, which showed the client was not at risk of re-offending.

The attorney provided the prosecution and the court with treatment letters, the sex offender evaluation, and the IEP/diagnosis for the client, arguing that an amendment was appropriate given the client's disability. The state agreed to amend the charges to accessing a computer for fraudulent purposes (a non-registration offense) and placed the client on a five-year suspended sentence with five years of probation, requiring continued counseling.

CASE RESULTS: CHARGES REDUCED TO ACCESSING A COMPUTER FOR FRAUDULENT PURPOSES (NON-REGISTRATION OFFENSE) and the client was placed on a five-year suspended sentence with five years of probation on April 14th, 2023