Possession of Child Pornography, in violation of R.I.G.L. § 11-9-1.3 (a)(4) Case Result
Charges
- Possession of Child Pornography, in violation of R.I.G.L. § 11-9-1.3 (a)(4)
Court Information
City, County, and Court: Providence, Rhode Island, Providence County
Rhode Island Superior Court (Providence County)
Case Overview
The Rhode Island State Police received a cyber-tip report from the National Center for Missing and Exploited Children (NCMEC), regarding the existence of child pornography files that were stored in a cloud-based email account. Through investigative efforts, officers were able to identify the user’s identity and internet protocol address. Thereafter police obtained a search warrant for the residence’s to locate and seize digital devices capable of storing child pornography. Police executed the warrant without incident, but the target of the investigation was not present. He was out of state working. His wife and children, who were present for the warrant execution, cooperated with police but had no knowledge of anything related to child pornography and their personal devices contained no evidence of the contraband. resulted in negative results for any indication of child pornography. Once the man returned to Rhode Island, he hired Rhode Island Sex Crime Defense Attorney, John L. Calcagni III, to represent him in this matter. With the aid of Attorney Calcagni, the man self-surrendered to authorities and was then released on bail. Unable to resolve this case through the pretrial conference process, the case was set for trial. Just days before jury selection, Attorney Calcagni ultimately convinced prosecutors and to amend the man’s felony sex offense charge from Possession of Child Pornography to the non-sex offense felony of Access to Computer for Fraudulent Purposes. This was based on man’s counseling history, lack of criminal record, employment history, supportive family, and evidentiary problems with the case. The man admitted responsibility to the less serious, amended charge and was sentenced to a 5-year suspended sentence with probation
Case Result
Charge Amended to No-Sex Offense and 5-Year Suspended Sentence Imposed.