Researcher: MK Page 1 3/18/24
OLR Bill Analysis
HB 5161
AN ACT CONCERNING CHILD SEXUAL ABUSE MATERIAL.
SUMMARY
This bill replaces the term “child pornography” with “child sexual
abuse material” in statutes that define the term and criminalize the
possession, importation, and transmission of this material. These
offenses include 1st, 2nd, and 3rd degree possession; importing; and
possession and transmission by a minor. In changing the terminology,
the bill retains the elements of, and penalties for, these crimes.
The bill similarly changes this terminology in statutes that (1) provide
an affirmative defense under certain circumstances for the 1st, 2nd, and
3rd degree and misdemeanor possession offenses; (2) address the state’s
care, custody, and control of such material in criminal proceedings; and
(3) specify the offenses that constitute the basis for bringing an action to
abate a public nuisance.
EFFECTIVE DATE: October 1, 2024
BACKGROUND
Definition of Child Pornography
By law, “child pornography” (“child sexual abuse material” under
the bill) is any visual depiction (e.g., photograph, film, videotape,
picture, or computer-generated image or picture) of sexually explicit
conduct involving a person under age 16 engaging in sexually explicit
conduct, whether made or produced electronic ally, digitally,
mechanically, or by other means.
COMMITTEE ACTION
Committee on Children
Joint Favorable
Yea 15 Nay 2 (02/29/2024)