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General Assembly Substitute Bill No. 5161
February Session, 2024
AN ACT CONCERNING CHILD SEXUAL ABUSE MATERIAL.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (13) of section 53a-193 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2024): 3
(13) ["Child pornography"] "Child sexual abuse material" means any 4
visual depiction including any photograph, film, videotape, picture or 5
computer-generated image or picture, whether made or produced by 6
electronic, digital, mechanical or other means, of sexually explicit 7
conduct, where the production of such visual depiction involves the use 8
of a person under sixteen years of age engaging in sexually explicit 9
conduct, provided whether the subject of a visual depiction was a 10
person under sixteen years of age at the time the visual depiction was 11
created is a question to be decided by the trier of fact. 12
Sec. 2. Section 53a-196c of the general statutes is repealed and the 13
following is substituted in lieu thereof (Effective October 1, 2024): 14
(a) A person is guilty of importing child [pornography] sexual abuse 15
material when, with intent to promote child [pornography] sexual abuse 16
material, such person knowingly imports or causes to be imported into 17
the state three or more visual depictions of child [pornography] sexual 18
abuse material of known content and character. 19 Substitute Bill No. 5161
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(b) Importing child [pornography] sexual abuse material is a class B 20
felony and any person found guilty under this section shall be sentenced 21
to a term of imprisonment of which five years of the sentence imposed 22
may not be suspended or reduced by the court. 23
Sec. 3. Section 53a-196d of the general statutes is repealed and the 24
following is substituted in lieu thereof (Effective October 1, 2024): 25
(a) A person is guilty of possessing child [pornography] sexual abuse 26
material in the first degree when such person knowingly possesses (1) 27
fifty or more visual depictions of child [pornography] sexual abuse 28
material, or (2) one or more visual depictions of child [pornography] 29
sexual abuse material that depict the infliction or threatened infliction 30
of serious physical injury, or (3) (A) a series of images in electronic, 31
digital or other format, which is intended to be displayed continuously, 32
consisting of two or more frames, or a film or videotape, consisting of 33
two or more frames, that depicts (i) more than one child engaging in 34
sexually explicit conduct, or (ii) more than one act of sexually explicit 35
conduct by one or more children, or (B) any combination of a (i) series 36
of images in electronic, digital or other format, which is intended to be 37
displayed continuously, (ii) film, or (iii) videotape, which series, film or 38
videotape each consists of two or more frames and depicts a single act 39
of sexually explicit conduct by one child. 40
(b) In any prosecution for an offense under this section, it shall be an 41
affirmative defense that the acts of the defendant, if proven, would 42
constitute a violation of section 53a-196h, as amended by this act. 43
(c) Possessing child [pornography] sexual abuse material in the first 44
degree is a class B felony and any person found guilty under this section 45
shall be sentenced to a term of imprisonment of which five years of the 46
sentence imposed may not be suspended or reduced by the court. 47
Sec. 4. Section 53a-196e of the general statutes is repealed and the 48
following is substituted in lieu thereof (Effective October 1, 2024): 49
(a) A person is guilty of possessing child [pornography] sexual abuse 50 Substitute Bill No. 5161
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material in the second degree when such person knowingly possesses 51
(1) twenty or more but fewer than fifty visual depictions of child 52
[pornography] sexual abuse material, or (2) a series of images in 53
electronic, digital or other format, which is intended to be displayed 54
continuously, consisting of twenty or more frames, or a film or 55
videotape, consisting of twenty or more frames, that depicts a single act 56
of sexually explicit conduct by one child. 57
(b) In any prosecution for an offense under this section, it shall be an 58
affirmative defense that the acts of the defendant, if proven, would 59
constitute a violation of section 53a-196h, as amended by this act. 60
(c) Possessing child [pornography] sexual abuse material in the 61
second degree is a class C felony and any person found guilty under this 62
section shall be sentenced to a term of imprisonment of which two years 63
of the sentence imposed may not be suspended or reduced by the court. 64
Sec. 5. Section 53a-196f of the general statutes is repealed and the 65
following is substituted in lieu thereof (Effective October 1, 2024): 66
(a) A person is guilty of possessing child [pornography] sexual abuse 67
material in the third degree when such person knowingly possesses (1) 68
fewer than twenty visual depictions of child [pornography] sexual 69
abuse material, or (2) a series of images in electronic, digital or other 70
format, which is intended to be displayed continuously, consisting of 71
fewer than twenty frames, or a film or videotape, consisting of fewer 72
than twenty frames, that depicts a single act of sexually explicit conduct 73
by one child. 74
(b) In any prosecution for an offense under this section, it shall be an 75
affirmative defense that the acts of the defendant, if proven, would 76
constitute a violation of section 53a-196h, as amended by this act. 77
(c) Possessing child [pornography] sexual abuse material in the third 78
degree is a class D felony and any person found guilty under this section 79
shall be sentenced to a term of imprisonment of which one year of the 80
sentence imposed may not be suspended or reduced by the court. 81 Substitute Bill No. 5161
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Sec. 6. Section 53a-196g of the general statutes is repealed and the 82
following is substituted in lieu thereof (Effective October 1, 2024): 83
In any prosecution for a violation of section 53a-196d, as amended by 84
this act, 53a-196e, as amended by this act, 53a-196f, as amended by this 85
act, or 53a-196h, as amended by this act, it shall be an affirmative defense 86
that (1) the defendant (A) possessed fewer than three visual depictions, 87
other than a series of images in electronic, digital or other format, which 88
is intended to be displayed continuously, or a film or videotape, of child 89
[pornography] sexual abuse material, (B) did not knowingly purchase, 90
procure, solicit or request such visual depictions or knowingly take any 91
other action to cause such visual depictions to come into the defendant's 92
possession, and (C) promptly and in good faith, and without retaining 93
or allowing any person, other than a law enforcement agency, to access 94
any visual depiction or copy thereof, took reasonable steps to destroy 95
each such visual depiction or reported the matter to a law enforcement 96
agency and afforded that agency access to each such visual depiction, or 97
(2) the defendant possessed a visual depiction of a nude person under 98
sixteen years of age for a bona fide artistic, medical, scientific, 99
educational, religious, governmental or judicial purpose. 100
Sec. 7. Section 53a-196h of the general statutes is repealed and the 101
following is substituted in lieu thereof (Effective October 1, 2024): 102
(a) (1) No person who is under eighteen years of age may knowingly 103
possess any visual depiction of child [pornography] sexual abuse 104
material that the subject of such visual depiction knowingly and 105
voluntarily transmitted by means of an electronic communication 106
device to such person and in which the subject of such visual depiction 107
is a person under sixteen years of age. 108
(2) No person who is under sixteen years of age may knowingly and 109
voluntarily transmit by means of an electronic communication device a 110
visual depiction of child [pornography] sexual abuse material in which 111
such person is the subject of such visual depiction to another person 112
who is under eighteen years of age. 113 Substitute Bill No. 5161
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(b) As used in this section, ["child pornography"] "child sexual abuse 114
material" and "visual depiction" have the same meanings as provided in 115
section 53a-193, as amended by this act, and "electronic communication 116
device" means any electronic device that is capable of transmitting a 117
visual depiction, including a computer, computer network and 118
computer system, as those terms are defined in section 53a-250, and a 119
cellular or wireless telephone. 120
(c) Any person who violates the provisions of this section shall be 121
guilty of a class A misdemeanor. 122
Sec. 8. Section 54-86m of the general statutes is repealed and the 123
following is substituted in lieu thereof (Effective October 1, 2024): 124
Notwithstanding the provisions of section 54-86a, in any criminal 125
proceeding, any property or material that constitutes child 126
[pornography] sexual abuse material shall remain in the care, custody 127
and control of the state, and a court shall deny any request by the 128
defendant to copy, photograph, duplicate or otherwise reproduce any 129
property or material that constitutes child [pornography] sexual abuse 130
material provided the attorney for the state makes the property or 131
material reasonably available to the defendant. Such property or 132
material shall be deemed to be reasonably available to the defendant if 133
the attorney for the state provides the defendant, the defendant's 134
attorney or any individual the defendant may seek to qualify to furnish 135
expert testimony at trial, ample opportunity for inspection, viewing and 136
examination of the property or material at a state facility or at another 137
facility agreed upon by the attorney for the state and the defendant. For 138
the purposes of this section, ["child pornography"] "child sexual abuse 139
material" has the same meaning as in section 53a-193, as amended by 140
this act. 141
Sec. 9. Subdivision (2) of subsection (c) of section 19a-343 of the 142
general statutes is repealed and the following is substituted in lieu 143
thereof (Effective October 1, 2024): 144 Substitute Bill No. 5161
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(2) Promoting an obscene performance or obscene material under 145
section 53a-196 or 53a-196b, employing a minor in an obscene 146
performance under section 53a-196a, importing child [pornography] 147
sexual abuse material under section 53a-196c, as amended by this act, 148
possessing child [pornography] sexual abuse material in the first degree 149
under section 53a-196d, as amended by this act, possessing child 150
[pornography] sexual abuse material in the second degree under section 151
53a-196e, as amended by this act, or possessing child [pornography] 152
sexual abuse material in the third degree under section 53a-196f, as 153
amended by this act. 154
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 53a-193(13)
Sec. 2 October 1, 2024 53a-196c
Sec. 3 October 1, 2024 53a-196d
Sec. 4 October 1, 2024 53a-196e
Sec. 5 October 1, 2024 53a-196f
Sec. 6 October 1, 2024 53a-196g
Sec. 7 October 1, 2024 53a-196h
Sec. 8 October 1, 2024 54-86m
Sec. 9 October 1, 2024 19a-343(c)(2)
Statement of Legislative Commissioners:
In Sections 1, 7 and 8, ""Child [pornography] sexual abuse material""
was changed to "["Child pornography"] "Child sexual abuse material""
for proper form.
KID Joint Favorable Subst. -LCO