§ 11-9-1 - Exploitation for commercial or immoral purposes.

SECTION 11-9-1

   § 11-9-1  Exploitation for commercial orimmoral purposes. – (a) Every person having the custody or control of any child under the age ofsixteen (16) years who shall exhibit, use, or employ, or shall in any manner orunder pretense sell, give away, let out or otherwise dispose of any child underthe age of sixteen (16) years to any person for or in the vocation, occupation,service, or purpose of rope or wire walking, or as a gymnast, wrestler,contortionist, equestrian performer, acrobat, or rider upon any bicycle ormechanical contrivance, or in any dancing, theatrical, or musical exhibitionunless it is in connection with churches, school or private instruction indancing or music, or unless it is under the auspices of a Rhode Island societyincorporated, or organized without incorporation for a purpose authorized by§ 7-6-4; or for or in gathering or picking rags, or collecting cigarstumps, bones or refuse from markets, or in begging, or in any mendicant orwandering occupation, or in peddling in places injurious to the morals of thechild; or for or in the exhibition of any child with a disability, or in anyillegal, obscene, indecent, or immoral purpose, exhibition, or vocation,injurious to the health or morals or dangerous to the life or limb of thechild, or who shall cause, procure or encourage any child under the age ofsixteen (16) years to engage in that activity, or who, after being notified byan officer mentioned in § 11-9-3 to restrain the child from engaging inthat activity, shall neglect or refuse to do so, shall be held guilty of amisdemeanor and shall, for every such offense, be imprisoned not exceeding oneyear, or be fined not exceeding two hundred fifty dollars ($250), or both, andshall forfeit any right which he or she may have to the custody of the child;provided, that the provisions of this section shall not apply to any child, nota resident of this state, who is engaged in any dancing, theatrical, or musicalperformance in this state and is accompanied by a parent, guardian, or tutor,when a permit for the appearance of the child is granted by the mayor of thecity or the president of the town council of the town, where the performance isto be given; provided, further, that the provisions of this section shall notapply to any child, a resident of this state, who is engaged in any dancing,theatrical, or musical performance in this state on a day when the publicschools are not in session in the town or city where the dancing, theatrical ormusical performance shall be given (not however on Sunday) if the child isaccompanied by a parent, guardian or tutor, when a permit for the appearance ofthe child is granted by the mayor of the city or the president of the towncouncil of the town where the performance is to be given.

   (b) Any person who shall in any manner or under any pretensesell, 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 asetting which taken as a whole suggests to the average person that the childhas 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 bepunished by imprisonment for not more than ten (10) years, or a fine of notmore than ten thousand dollars ($10,000), or both; upon conviction of asubsequent 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 inany manner or under pretense so exhibit, use, or employ any child under the ageof eighteen (18) years to any person for the purpose of prostitution or for anyother lewd or indecent act shall be imprisoned not exceeding twenty (20) years,or be fined not exceeding twenty thousand dollars ($20,000), or both.