Rhode Island Sex Crimes Defense Lawyer
Why you need an expernienced Rhode Island sex crimes defense lawyer
Sex offenses, especially those involving children, elicit more outrage and condemnation than almost any other type of crime. The accused are often unfairly presented as a monsterous evil that are not worthy of the basic constitutional freedoms that we often take for granted. Often innocent people, such as ex-boyfriends, ex-husbands, neighbors or teachers are accused of a sex crime. Many deplorable people will accuse innocent people of this horrific crime, so that they can get an upper-hand elsewhere, such as in a divorce case, child custody case or just to hurt someone. Often the State will prosecute these cases with vigor. The results can be devastating, even if the allegations are proved false.
Regardless of what specific charges you may be facing, whether it be rape, sexual assault, or child molestation, sex crime offenses are extremely serious and carry extreme penalties. It is vital that you consult a Rhode Island sex crime Attorney who is capable of handling your case in the most effective manner possible.
Being charged with a sex crime in Rhode Island can be an extremely embarrassing and humiliating experience, especially if you are found guilty of committing a sex crime. People who are convicted of sex crimes are branded for life. Those convicted often face very long prison sentences and lifetime registration as a sex offender. They will carry the sex offender label with them for the rest of their lives.
Confronted with the prospect of a lengthy prison sentence and a lifetime of monitoring and registration, you cannot afford to plead guilty to a sex crime charge. Rather, you need an experienced sex crime defense attorney who is willing to fight for you.
As an accomplished Rhode Island criminal defense attorney, I have handled many sex crime cases thoughout my career. I have won sex crimes trials, had sex crime charges dismissed prior to trial and sometimes plead clients to reduced charges which do not carry a jail sentence or a registration requirement.
In a sex crime case, people do not want to and often should not plead to anything, but when facing a long prison sentence and registration for life, there are times when it may be to a person's advantage to plead to a reduced charge that is not a sex offense. This will allow a person to avoid jail, not register as a sex offender as well as allow a person the ability to have the charges expunged at a later date.
If you are facing a Rhode Island child molestation, sexual assault, or any other sex crime charge, you need to call me today.
Winning Sex Crimes
A credible denial that any sex act occurred is a defense often used in Rhode Island sex crimes cases. This customarily includes attacking the genuineness of the alleged victim and any witnesses. Frequently, a good sex crimes attorney will show that the alleged victim changed or alternated their story about what happened, or was having problems with the defendant before making the accusation. Another defense in a sex crime case is that of an alibi. An alibi is available when the defense can prove that the defendant could not have committed the alleged sexual act.
Regardless of defense one uses in his or her sex crimes case, the best approach for winning a criminal sex case is for a defendant and lawyer to have a close working relationship. This team oriented approach with clients assures the best and most effective defense is exercised to achieve exceptional case results.
Common Sex Offences in Which a Defendant Must Register.
- First degree sexual assault (Rape)
- Assault with intent to commit first degree sexual assault
- Second degree sexual assault
- Third degree sexual assault
- First degree child molestation
- Second degree child molestation
- Indecent solicitation of a child
- Child pornography
- Soliciting an incompetent person
- Exploitation for immoral purposes
- Enticement of children
- Video voyeurism (Victim under 18)
Rhode Island Sex Crimes and Penalties
First degree sexual assault. – A person is guilty of first degree sexual assault if he or she engages in sexual penetration with another person, and if any of the following circumstances exist:
(1) The accused, not being the spouse, knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless.
(2) The accused uses force or coercion.
(3) The accused, through concealment or by the element of surprise, is able to overcome the victim.
(4) The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification, or stimulation.
Second degree sexual assault. – A person is guilty of a second degree sexual assault if he or she engages in sexual contact with another person and if any of the following circumstances exist:
(1) The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled or physically helpless.
(2) The accused uses force or coercion.
(3) The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification or stimulation.
Third degree sexual assault. – A person is guilty of third degree sexual assault if he or she is over the age of eighteen (18) years and engaged in sexual penetration with another person over the age of fourteen (14) years and under the age of consent, sixteen (16) years of age.
Assault with intent to commit first degree sexual assault. – Every person who shall commit assault with intent to commit first degree sexual assault shall be imprisoned for not less than three (3) years or more than twenty (20) years.
First degree child molestation sexual assault. – A person is guilty of first degree child molestation sexual assault if he or she engages in sexual penetration with a person fourteen (14) years of age or under.
Second degree child molestation sexual assault. – A person is guilty of a second degree child molestation sexual assault if he or she engages in sexual contact with another person fourteen (14) years of age or under.
Assault with intent to commit specified felonies. – Every person who shall make an assault with intent to commit murder, robbery, sexual assault, burglary, or the abominable and detestable crime against nature, shall be imprisoned not exceeding twenty (20) years nor less than one year.
Video voyeurism. – (1) A person is guilty of video voyeurism when, for the purpose of sexual arousal, gratification or stimulation, such person:
(a) Uses, installs or permits the use or installation of an imaging device to capture, record, store or transmit visual images of the intimate areas of another person without that other person's knowledge and consent, and under circumstances in which that other person would have a reasonable expectation of privacy.
(b) Intentionally, and with knowledge that the image was obtained in violation of subsection (a), disseminates, publishes, or sells such image of the captured representation of another person or persons depicted in the representation or reproduction, and who did not consent to the dissemination, publication or sale.
(2) A person is also guilty of video voyeurism when that person, for the purpose of sexual arousal, gratification or stimulation, looks into an occupied dwelling or other building by use of an imaging device that provides images of the interior of a dwelling.
(3) A person found guilty of the crime of video voyeurism shall be imprisoned for not more than three (3) years in jail and/or fined not more than five thousand dollars ($5000).
Child pornography. – (a) Violations. It is a violation of this section for any person to:
(1) Knowingly produce any child pornography;
(2) Knowingly mail, transport, deliver or transfer by any means, including by computer, any child pornography;
(3) Knowingly reproduce any child pornography by any means, including the computer; or
(4) Knowingly possess any book, magazine, periodical, film, videotape, computer disk, computer file or any other material that contains an image of child pornography.
(1) Whoever violates or attempts or conspires to violate subdivisions (a)(1), (a)(2) or (a)(3) of this section shall be subject to a fine of not more than five thousand dollars ($5,000), or imprisoned for not more than fifteen (15) years, or both.
(2) Whoever violates or attempts or conspires to violate subdivision (a)(4) of this section shall be subject to a fine of not more than five thousand dollars ($5,000), or imprisoned not more than five (5) years, or both.
(c) Definitions. For purposes of this section:
(1) "Child pornography" means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where:
(i) The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(ii) Such visual depiction is a digital image, computer image, or computer-generated image of a minor engaging in sexually explicit conduct; or
(iii) Such visual depiction has been created, adapted, or modified to display an identifiable minor engaging in sexually explicit conduct.
(2) "Computer" has the meaning given to that term in section 11-52-1;
(3) "Minor" means any person not having reached eighteen (18) years of age;
(4) "Identifiable minor."
(i) Means a person:
(A) Who was a minor at the time the visual depiction was created, adapted, or modified; or
(II) Whose image as a minor was used in creating, adapting, or modifying the visual depiction; and
(ii) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and
(B) Shall not be construed to require proof of the actual identity of the identifiable minor.
(5) "Producing" means producing, directing, manufacturing, issuing, publishing or advertising;
(6) "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;
(iv) Sadistic or masochistic abuse; or
(v) Graphic or lascivious exhibition of the genitals or pubic area of any person;
(7) "Visual depiction" includes undeveloped film and videotape and data stored on a computer disk or by electronic means, which is capable of conversion into a visual image;
(8) "Graphic," when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted.
(1) It shall be an affirmative defense to a charge of violating subdivision (a)(1), (a)(2), or (a)(3) of this section that:
(i) The alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct; and
(ii) Each such person was an adult at the time the material was produced; and
(iii) The defendant did not advertise, promote, present, describe or distribute the material in such a manner as to convey the impression that it is or contains a visual depiction of a minor engaging in sexually explicit conduct.
(2) It shall be an affirmative defense to a charge of violating subdivision (a)(4) of this section that the defendant:
(i) Possessed less than three (3) images of child pornography; and
(ii) Promptly and in good faith and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy of it:
(A) Took reasonable steps to destroy each such image; or
(B) Reported the matter to a law enforcement agency and afforded that agency access to each such image.
(e) Severability. If any provision or provisions of this section, or the application of this section to any person or circumstance is held invalid by a court of competent authority, that invalidity does not affect other provisions or applications of this section which can be given effect without that invalid provision or provisions or application of the provision or provisions, and to this end the provisions of this section are declared to be separable and severable.
Exploitation for commercial or immoral purposes.
(b) Any person who shall in any manner or under any pretense sell, distribute, let out or otherwise permit any child under eighteen (18) years of age to be used in any book, magazine, pamphlet, or other publication, or in any motion picture film, photograph or pictorial representation, in a setting which taken as a whole suggests to the average person that the child has engaged in, or is about to engage in any sexual act, which shall include, but not be limited to, sodomy, oral copulation, sexual intercourse, masturbation, or bestiality, shall, upon conviction for the first offense be punished by imprisonment for not more than ten (10) years, or a fine of not more than ten thousand dollars ($10,000), or both; upon conviction of a subsequent offense, be punished by imprisonment for not more than fifteen (15) years, a fine of not more than fifteen thousand dollars ($15,000), or both.
(c) Every person who shall exhibit, use, employ or shall in any manner or under pretense so exhibit, use, or employ any child under the age of eighteen (18) years to any person for the purpose of prostitution or for any other lewd or indecent act shall be imprisoned not exceeding twenty (20) years, or be fined not exceeding twenty thousand dollars ($20,000), or both.