Connecticut 2024 Regular Session

Connecticut House Bill HB05161 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	LCO No. 1100 1 of 6
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7		-	General Assembly ~~Substitute~~ Bill No. 5161
	5	+	General Assembly Raised Bill No. 5161
8	6		February Session, 2024
	7	+	LCO No. 1100
	8	+
	9	+
	10	+	Referred to Committee on COMMITTEE ON CHILDREN
	11	+
	12	+
	13	+	Introduced by:
	14	+	(KID)
	15	+
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11	18
12	19		AN ACT CONCERNING CHILD SEXUAL ABUSE MATERIAL.
13	20		Be it enacted by the Senate and House of Representatives in General
14	21		Assembly convened:
15	22
16	23		Section 1. Subdivision (13) of section 53a-193 of the general statutes is 1
17	24		repealed and the following is substituted in lieu thereof (Effective October 2
18	25		1, 2024): 3
19		-	(13) ["Child pornography"] ~~"Child~~ sexual abuse material" means any 4
20		-	~~visual~~ depiction including any photograph, film, videotape, picture or 5
	26	+	(13) "Child [pornography] sexual abuse material" means any visual 4
	27	+	depiction including any photograph, film, videotape, picture or 5
21	28		computer-generated image or picture, whether made or produced by 6
22	29		electronic, digital, mechanical or other means, of sexually explicit 7
23	30		conduct, where the production of such visual depiction involves the use 8
24	31		of a person under sixteen years of age engaging in sexually explicit 9
25	32		conduct, provided whether the subject of a visual depiction was a 10
26	33		person under sixteen years of age at the time the visual depiction was 11
27	34		created is a question to be decided by the trier of fact. 12
28	35		Sec. 2. Section 53a-196c of the general statutes is repealed and the 13
29	36		following is substituted in lieu thereof (Effective October 1, 2024): 14
30		-	(a) A person is guilty of importing child [pornography] sexual abuse 15
	37	+	(a) A person is guilty of importing child [pornography] sexual abuse 15 Raised Bill No. 5161
	38	+
	39	+
	40	+
	41	+	LCO No. 1100 2 of 6
	42	+
31	43		material when, with intent to promote child [pornography] sexual abuse 16
32	44		material, such person knowingly imports or causes to be imported into 17
33	45		the state three or more visual depictions of child [pornography] sexual 18
34		-	abuse material of known content and character. 19 Substitute Bill No. 5161
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	46	+	abuse material of known content and character. 19
41	47		(b) Importing child [pornography] sexual abuse material is a class B 20
42	48		felony and any person found guilty under this section shall be sentenced 21
43	49		to a term of imprisonment of which five years of the sentence imposed 22
44	50		may not be suspended or reduced by the court. 23
45	51		Sec. 3. Section 53a-196d of the general statutes is repealed and the 24
46	52		following is substituted in lieu thereof (Effective October 1, 2024): 25
47	53		(a) A person is guilty of possessing child [pornography] sexual abuse 26
48	54		material in the first degree when such person knowingly possesses (1) 27
49	55		fifty or more visual depictions of child [pornography] sexual abuse 28
50	56		material, or (2) one or more visual depictions of child [pornography] 29
51	57		sexual abuse material that depict the infliction or threatened infliction 30
52	58		of serious physical injury, or (3) (A) a series of images in electronic, 31
53	59		digital or other format, which is intended to be displayed continuously, 32
54	60		consisting of two or more frames, or a film or videotape, consisting of 33
55	61		two or more frames, that depicts (i) more than one child engaging in 34
56	62		sexually explicit conduct, or (ii) more than one act of sexually explicit 35
57	63		conduct by one or more children, or (B) any combination of a (i) series 36
58	64		of images in electronic, digital or other format, which is intended to be 37
59	65		displayed continuously, (ii) film, or (iii) videotape, which series, film or 38
60	66		videotape each consists of two or more frames and depicts a single act 39
61	67		of sexually explicit conduct by one child. 40
62	68		(b) In any prosecution for an offense under this section, it shall be an 41
63	69		affirmative defense that the acts of the defendant, if proven, would 42
64	70		constitute a violation of section 53a-196h, as amended by this act. 43
65	71		(c) Possessing child [pornography] sexual abuse material in the first 44
66	72		degree is a class B felony and any person found guilty under this section 45
67	73		shall be sentenced to a term of imprisonment of which five years of the 46
68		-	sentence imposed may not be suspended or reduced by the court. 47
	74	+	sentence imposed may not be suspended or reduced by the court. 47 Raised Bill No. 5161
	75	+
	76	+
	77	+
	78	+	LCO No. 1100 3 of 6
	79	+
69	80		Sec. 4. Section 53a-196e of the general statutes is repealed and the 48
70	81		following is substituted in lieu thereof (Effective October 1, 2024): 49
71		-	(a) A person is guilty of possessing child [pornography] sexual abuse 50 Substitute Bill No. 5161
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	82	+	(a) A person is guilty of possessing child [pornography] sexual abuse 50
78	83		material in the second degree when such person knowingly possesses 51
79	84		(1) twenty or more but fewer than fifty visual depictions of child 52
80	85		[pornography] sexual abuse material, or (2) a series of images in 53
81	86		electronic, digital or other format, which is intended to be displayed 54
82	87		continuously, consisting of twenty or more frames, or a film or 55
83	88		videotape, consisting of twenty or more frames, that depicts a single act 56
84	89		of sexually explicit conduct by one child. 57
85	90		(b) In any prosecution for an offense under this section, it shall be an 58
86	91		affirmative defense that the acts of the defendant, if proven, would 59
87	92		constitute a violation of section 53a-196h, as amended by this act. 60
88	93		(c) Possessing child [pornography] sexual abuse material in the 61
89	94		second degree is a class C felony and any person found guilty under this 62
90	95		section shall be sentenced to a term of imprisonment of which two years 63
91	96		of the sentence imposed may not be suspended or reduced by the court. 64
92	97		Sec. 5. Section 53a-196f of the general statutes is repealed and the 65
93	98		following is substituted in lieu thereof (Effective October 1, 2024): 66
94	99		(a) A person is guilty of possessing child [pornography] sexual abuse 67
95	100		material in the third degree when such person knowingly possesses (1) 68
96	101		fewer than twenty visual depictions of child [pornography] sexual 69
97	102		abuse material, or (2) a series of images in electronic, digital or other 70
98	103		format, which is intended to be displayed continuously, consisting of 71
99	104		fewer than twenty frames, or a film or videotape, consisting of fewer 72
100	105		than twenty frames, that depicts a single act of sexually explicit conduct 73
101	106		by one child. 74
102	107		(b) In any prosecution for an offense under this section, it shall be an 75
103	108		affirmative defense that the acts of the defendant, if proven, would 76
104		-	constitute a violation of section 53a-196h, as amended by this act. 77
	109	+	constitute a violation of section 53a-196h, as amended by this act. 77 Raised Bill No. 5161
	110	+
	111	+
	112	+
	113	+	LCO No. 1100 4 of 6
	114	+
105	115		(c) Possessing child [pornography] sexual abuse material in the third 78
106	116		degree is a class D felony and any person found guilty under this section 79
107	117		shall be sentenced to a term of imprisonment of which one year of the 80
108		-	sentence imposed may not be suspended or reduced by the court. 81 Substitute Bill No. 5161
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	118	+	sentence imposed may not be suspended or reduced by the court. 81
115	119		Sec. 6. Section 53a-196g of the general statutes is repealed and the 82
116	120		following is substituted in lieu thereof (Effective October 1, 2024): 83
117	121		In any prosecution for a violation of section 53a-196d, as amended by 84
118	122		this act, 53a-196e, as amended by this act, 53a-196f, as amended by this 85
119	123		act, or 53a-196h, as amended by this act, it shall be an affirmative defense 86
120	124		that (1) the defendant (A) possessed fewer than three visual depictions, 87
121	125		other than a series of images in electronic, digital or other format, which 88
122	126		is intended to be displayed continuously, or a film or videotape, of child 89
123	127		[pornography] sexual abuse material, (B) did not knowingly purchase, 90
124	128		procure, solicit or request such visual depictions or knowingly take any 91
125	129		other action to cause such visual depictions to come into the defendant's 92
126	130		possession, and (C) promptly and in good faith, and without retaining 93
127	131		or allowing any person, other than a law enforcement agency, to access 94
128	132		any visual depiction or copy thereof, took reasonable steps to destroy 95
129	133		each such visual depiction or reported the matter to a law enforcement 96
130	134		agency and afforded that agency access to each such visual depiction, or 97
131	135		(2) the defendant possessed a visual depiction of a nude person under 98
132	136		sixteen years of age for a bona fide artistic, medical, scientific, 99
133	137		educational, religious, governmental or judicial purpose. 100
134	138		Sec. 7. Section 53a-196h of the general statutes is repealed and the 101
135	139		following is substituted in lieu thereof (Effective October 1, 2024): 102
136	140		(a) (1) No person who is under eighteen years of age may knowingly 103
137	141		possess any visual depiction of child [pornography] sexual abuse 104
138	142		material that the subject of such visual depiction knowingly and 105
139	143		voluntarily transmitted by means of an electronic communication 106
140	144		device to such person and in which the subject of such visual depiction 107
141	145		is a person under sixteen years of age. 108
142		-	(2) No person who is under sixteen years of age may knowingly and 109
	146	+	(2) No person who is under sixteen years of age may knowingly and 109 Raised Bill No. 5161
	147	+
	148	+
	149	+
	150	+	LCO No. 1100 5 of 6
	151	+
143	152		voluntarily transmit by means of an electronic communication device a 110
144	153		visual depiction of child [pornography] sexual abuse material in which 111
145	154		such person is the subject of such visual depiction to another person 112
146		-	who is under eighteen years of age. 113 Substitute Bill No. 5161
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153		-	(b) As used in this section, ["child pornography"] "child sexual abuse 114
	155	+	who is under eighteen years of age. 113
	156	+	(b) As used in this section, "child [pornography] sexual abuse 114
154	157		material" and "visual depiction" have the same meanings as provided in 115
155	158		section 53a-193, as amended by this act, and "electronic communication 116
156	159		device" means any electronic device that is capable of transmitting a 117
157	160		visual depiction, including a computer, computer network and 118
158	161		computer system, as those terms are defined in section 53a-250, and a 119
159	162		cellular or wireless telephone. 120
160	163		(c) Any person who violates the provisions of this section shall be 121
161	164		guilty of a class A misdemeanor. 122
162	165		Sec. 8. Section 54-86m of the general statutes is repealed and the 123
163	166		following is substituted in lieu thereof (Effective October 1, 2024): 124
164	167		Notwithstanding the provisions of section 54-86a, in any criminal 125
165	168		proceeding, any property or material that constitutes child 126
166	169		[pornography] sexual abuse material shall remain in the care, custody 127
167	170		and control of the state, and a court shall deny any request by the 128
168	171		defendant to copy, photograph, duplicate or otherwise reproduce any 129
169	172		property or material that constitutes child [pornography] sexual abuse 130
170	173		material provided the attorney for the state makes the property or 131
171	174		material reasonably available to the defendant. Such property or 132
172	175		material shall be deemed to be reasonably available to the defendant if 133
173	176		the attorney for the state provides the defendant, the defendant's 134
174	177		attorney or any individual the defendant may seek to qualify to furnish 135
175	178		expert testimony at trial, ample opportunity for inspection, viewing and 136
176	179		examination of the property or material at a state facility or at another 137
177	180		facility agreed upon by the attorney for the state and the defendant. For 138
178		-	the purposes of this section, ["child pornography"] ~~"child~~ sexual abuse 139
	181	+	the purposes of this section, "child [pornography] sexual abuse 139
179	182		material" has the same meaning as in section 53a-193, as amended by 140
180		-	this act. 141
	183	+	this act. 141 Raised Bill No. 5161
	184	+
	185	+
	186	+
	187	+	LCO No. 1100 6 of 6
	188	+
181	189		Sec. 9. Subdivision (2) of subsection (c) of section 19a-343 of the 142
182	190		general statutes is repealed and the following is substituted in lieu 143
183		-	thereof (Effective October 1, 2024): 144 Substitute Bill No. 5161
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189		-
	191	+	thereof (Effective October 1, 2024): 144
190	192		(2) Promoting an obscene performance or obscene material under 145
191	193		section 53a-196 or 53a-196b, employing a minor in an obscene 146
192	194		performance under section 53a-196a, importing child [pornography] 147
193	195		sexual abuse material under section 53a-196c, as amended by this act, 148
194	196		possessing child [pornography] sexual abuse material in the first degree 149
195	197		under section 53a-196d, as amended by this act, possessing child 150
196	198		[pornography] sexual abuse material in the second degree under section 151
197	199		53a-196e, as amended by this act, or possessing child [pornography] 152
198	200		sexual abuse material in the third degree under section 53a-196f, as 153
199	201		amended by this act. 154
200	202		This act shall take effect as follows and shall amend the following
201	203		sections:
202	204
203	205		Section 1 October 1, 2024 53a-193(13)
204	206		Sec. 2 October 1, 2024 53a-196c
205	207		Sec. 3 October 1, 2024 53a-196d
206	208		Sec. 4 October 1, 2024 53a-196e
207	209		Sec. 5 October 1, 2024 53a-196f
208	210		Sec. 6 October 1, 2024 53a-196g
209	211		Sec. 7 October 1, 2024 53a-196h
210	212		Sec. 8 October 1, 2024 54-86m
211	213		Sec. 9 October 1, 2024 19a-343(c)(2)
212	214
213		-	Statement of Legislative Commissioners:
214		-	In Sections 1, 7 and 8, ""Child [pornography] sexual abuse material""
215		-	was changed to "["Child pornography"] "Child sexual abuse material""
216		-	for proper form.
217		-	KID Joint Favorable Subst. -LCO
	215	+	Statement of Purpose:
	216	+	To change the term "child pornography" to "child sexual abuse material"
	217	+	in the general statutes.
	218	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	219	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	220	+	underlined.]
218	221