§ 11-9-1.5. Electronically disseminating indecent material to minors prohibited.
(a) Definitions as used in this section:
(1) "Minor� means any person not having reached eighteen (18) years of age.
(2) "Computerâ€� has the meaning given to that term in § 11-52-1.
(3) "Telecommunication device� means an analog or digital electronic device that processes
data, telephone, video, or sound transmission as part of any system involved in the
sending and/or receiving at a distance of voice, sound, data, and/or video transmissions.
(4) "Indecent visual depiction� means any digital image or digital video depicting one
or more persons engaging in sexually explicit conduct, is obscene as defined in § 11-31-1(b), and includes:
(i) Data stored on any computer, telecommunication device, or other electronic storage
media that is capable of conversion into a visual image; or
(ii) Digital video depicting sexually explicit conduct transmitted live over a computer
online service, internet service, or local electronic bulletin board service. If a
digital image or digital video is part of a larger work, that larger work shall be
the subject for the purpose of § 11-31-1(b) analysis.
(5) "Sexually explicit conduct� means actual:
(i) Graphic sexual intercourse, including genital-genital, oral-genital, anal-genital,
or oral-anal, or lascivious sexual intercourse where the genitals or pubic area of
any person is exhibited;
(ii) Bestiality;
(iii) Masturbation;
(iv) Sadistic or masochistic abuse; or
(v) Graphic or lascivious exhibition of the genitals or pubic area of any person.
(b) No person shall knowingly and intentionally use a computer or telecommunication device
to transmit an indecent visual depiction to a person he or she knows is, or believes
to be, a minor.
(c) No minor shall be charged under this section if his or her conduct falls within § 11-9-1.4, "Minor Electronically Disseminating Indecent Material to Another Person — 'Sexting'
Prohibited.�
(d) No person shall be charged under this section if the minor to whom the indecent visual
depiction was transmitted was fifteen (15) years of age or older and the person transmitting
the indecent visual depiction was not more than four (4) years older than the minor.
(e) The fact that an undercover operative or law enforcement officer was involved in the
detection and investigation of an offense under this section shall not constitute
a defense to a prosecution under this section.
(f) Those in violation of this section shall be guilty of a felony and subject to imprisonment
for not more than five (5) years, a fine of not more than five thousand dollars ($5,000),
or both.
(g) Those in violation of this section shall be subject to sex offender registration requirements
set forth in § 11-37.1-1 et seq., entitled "Sexual Offender Registration and Community Notification Act.â€�
(h) Nothing in this section shall be construed to impose liability upon the following
entities as a result of content or information provided by another person:
(1) An interactive computer service;
(2) A provider of public or private mobile service; or
(3) A telecommunications network provider.