The bill amends Chapter 11-9 of the General Laws by adding a new section titled "Prohibition of obscene material," which establishes regulations against the production, distribution, and possession of visual depictions that involve minors engaging in sexually explicit conduct. It defines key terms such as "minor," "sexually explicit conduct," and "visual depiction."
The bill outlines specific violations, including knowingly producing, distributing, receiving, or possessing with intent to distribute visual depictions that depict a minor engaging in sexually explicit conduct and are deemed obscene and lacking serious literary, artistic, political, or scientific value. It also prohibits knowingly making available to or distributing to a minor any obscene, lewd, lascivious, or sexually explicit materials.
Provisions for affirmative defenses are included, allowing a defendant to argue that they possessed fewer than three such visual depictions and took reasonable steps to destroy them or reported them to law enforcement.
Penalties for violations vary based on the nature of the offense: violators of subsection (b)(1) face fines up to $5,000 and imprisonment for up to 15 years; violators of subsection (b)(2) face fines up to $5,000 and imprisonment for up to 5 years; and violators of subsection (b)(3) face fines up to $1,000 and imprisonment for up to 2 years. The bill clarifies that it is not necessary for the depicted minor to actually exist for an offense to be charged.
Additionally, the bill includes a severability clause, ensuring that if any provision is held invalid, the remaining provisions remain in effect. The act is set to take effect immediately upon passage.