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SB 2595

AN ACT RELATING TO CRIMINAL OFFENSES -- CHILDREN

2026 Regular Session Introduced by Gordon Rogers and 1 co-sponsor

Prohibits producing, distributing, or possessing obscene visual depictions of minors in sexually explicit conduct and expands penalties, with a narrow small-quantity defense.

04/30/2026 Committee recommended measure be held for further study
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Bill Summary · SB 2595

Summary of Bill SB 2595 (Rhode Island, 2026)

Purpose and Intent

SB 2595 would prohibit the production, distribution, possession, and transfer of visual depictions of minors engaging in sexually explicit conduct that are obscene and lack serious literary, artistic, political, or scientific value. The act aims to strengthen Rhode Island's controls against child sexual exploitation by criminalizing the possession and dissemination of such material, with specified penalties and a narrowly defined affirmative defense.

Key Provisions

Definitions

  • Minor: Any person under 18 years old.
  • Sexually explicit conduct: Includes graphic sexual intercourse (genital-genital, oral-genital, anal-genital, oral-anal), masturbation, and graphic or simulated lascivious exhibitions of the anus, genitals, or pubic area.
  • Visual depiction: Broadly defined to include undeveloped film, digital data, drawings, cartoons, sculptures, photographs, films, videos, computer-generated images, etc., capable of conversion into a visual image.

Prohibited Conduct (Section 11-9-1.7)

A person commits a violation if they:
1. Knowingly produce, distribute, receive, or possess with intent to distribute a visual depiction that shows a minor engaging in sexually explicit conduct and is obscene (lacks serious literary, artistic, political, or scientific value); or they attempt or conspire to do so.
2. Knowingly possess a visual depiction that shows a minor engaging in sexually explicit conduct and is obscene (as above), or conveys such material to possessors.
3. Knowingly make available to or distribute to a minor any obscene or sexually explicit material that lacks such value.

Affirmative Defense (Subsection c)

  • A defendant may present an affirmative defense if:
    • They possessed fewer than three such visual depictions.
    • They promptly and in good faith, and without letting others access the image (except law enforcement),:
    • Took reasonable steps to destroy each depiction, or
    • Reported the matter to law enforcement and provided access to the depictions.

Penalties (Section d)

  • Subsection (b)(1) Violations: Up to $5,000 fine, or up to 15 years’ imprisonment, or both.
  • Subsection (b)(2) Violations: Up to $5,000 fine, or up to 5 years’ imprisonment, or both.
  • Subsection (b)(3) Violations: Up to $1,000 fine, or up to 2 years’ imprisonment, or both.
  • Notably, the act states that the minor depicted need not actually exist for offenses under this section.

Other Provisions

  • Severability: If any part is held invalid, the rest remains in effect.
  • Effective Date: The act would take effect upon passage.

Who Would Be Affected

  • Individuals who produce, distribute, receive, possess with intent to distribute, or conspires to engage in such activities involving visual depictions of minors in sexually explicit conduct.
  • Persons who make material available to minors.
  • The law applies regardless of whether the depicted minor actually exists.
  • The affirmative defense provides a potential avenue for defendants who can show limited possession and prompt action.

Procedural and Timeline Aspects

  • Introduced: February 13, 2026, by Senators de la Cruz and Rogers.
  • Committee Action: Referred to Senate Judiciary; recommended be held for further study (as of April 30, 2026).
  • Status: Pending further committee consideration; no final passage date yet.
  • Effective Date: Upon passage (no delayed effective date specified).

Practical Impact

  • Expands criminal liability related to minors’ sexually explicit material, including possession and distribution.
  • Introduces a relatively narrow affirmative defense for small-scale possession and prompt destruction/reporting.
  • Emphasizes the obscenity standard tied to lack of value (literary, artistic, political, or scientific).
  • Increases penalties, potentially up to 15 years for the most serious violations, reflecting the seriousness assigned to child exploitation materials.

Compiled from official sources — confirm details with the bill’s official record.

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