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.
Life-Changing Victory: Child Pornography Charges Reduced by the Marin, Barrett, and Murphy Law Firm's Expert Defense - April 2023
The Marin and Barrett Law Firm is proud to announce an exceptional legal outcome achieved on behalf of a client facing serious charges, including mail, transport, deliver, or transfer child pornography and possession of child pornography. Thanks to the diligent work of Attorney Kensley Barrett, our client obtained a favorable outcome in the Providence County Superior Court.
Case Background: In December 2021, Rhode Island State Police received a cyber tip from federal authorities about an individual in Rhode Island uploading images of suspected child pornography. The police tracked the activity to the client's residence using the provided IP address. Upon executing a search warrant, they discovered child pornography on the client's cell phone.
Legal Strategy and Results: Our client was initially charged with possession and distribution of 165 images of child pornography. Recognizing the client's diagnosis of Asperger's syndrome, Attorney Barrett swiftly collected documentation of the client's Individualized Education Program (IEP) from their high school and middle school. Additionally, the client was enrolled in treatment, and a sex offender evaluation was obtained, demonstrating a low risk of re-offending.
Armed with treatment letters, the sex offender evaluation, and the IEP/diagnosis, Attorney Barrett made a compelling argument that an amendment to the charges was appropriate due to the client's disability. The state concurred and agreed to reduce the charges to accessing a computer for fraudulent purposes, a non-registration offense. The client was placed on a five-year suspended sentence with five years of probation, requiring continued counseling.
The Marin and Barrett Law Firm's dedication and strategic approach led to this remarkable outcome, demonstrating our commitment to advocating for clients and achieving the best possible results in challenging situations. If you or a loved one need legal representation, do not hesitate to contact us for a consultation at 401-228-8271.
At the Marin and Barrett Law Firm 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 Marin and Barrett, Inc. 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. The defense attorneys at Marin and Barrett, Inc. are 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 [email protected].
