Substitute House Bill No. 5262
Public Act No. 24-118
AN ACT CONCERNING CHILD SEXUAL ABUSE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 10-217h of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2024):
(a) For the school year commencing July 1, 2022, and biennially
thereafter, the Department of Public Health shall administer the
Connecticut School Health Survey to students in grades nine to twelve,
inclusive, provided the department receives funding from the federal
Centers for Disease Control and Prevention for such purpose. The
survey shall be based on the Youth Risk Behavior Survey developed by
the federal Centers for Disease Control and Prevention. The department
shall provide guidelines to the local or regional board of education
regarding the administration of the survey to those high schools selected
at random by the federal Centers for Disease Control and Prevention.
Such local or regional board of education shall administer the survey to
each high school selected to participate in the survey in accordance with
the guidelines provided by the department, including, but not limited
to, (1) the survey protocol as required by the federal Centers for Disease
Control and Prevention, (2) the requirement to provide parents the
opportunity to exclude their children from the survey by denying
permission in writing, on a form prescribed by the department, (3) the Substitute House Bill No. 5262
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requirement for the survey to be anonymous and administered in a
manner designed to protect student privacy, (4) the timeframe for
completion of the survey, and (5) the process by which the results of
such survey are to be submitted to the department. On and after July 1,
2026, each administration of the Connecticut School Health Survey shall
include the sexual abuse and assault awareness prevention survey for
administrators that was created as part of the state-wide sexual abuse
and assault awareness and prevention program described in section
17a-101q. Such survey for administrators shall be distributed to and
completed by administrators of the school in which the Connecticut
School Health Survey is being administered and the results of the
administrators' surveys shall be submitted to the department at the
same time as the results of the students' surveys.
(b) The department, in consultation with the Department of Mental
Health and Addiction Services, the Department of Children and
Families, the Department of Education and any other agency or public
interest group the department deems necessary, may develop
additional survey questions to be included as part of the Connecticut
School Health Survey that are relevant to the health concerns of high
school students in the state.
Sec. 2. Subdivision (13) of section 53a-193 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2024):
(13) ["Child pornography"] "Child sexual abuse material" means any
visual depiction including any photograph, film, videotape, picture or
computer-generated image or picture, whether made or produced by
electronic, digital, mechanical or other means, of sexually explicit
conduct, where the production of such visual depiction involves the use
of a person under sixteen years of age engaging in sexually explicit
conduct, provided whether the subject of a visual depiction was a
person under sixteen years of age at the time the visual depiction was Substitute House Bill No. 5262
Public Act No. 24-118 3 of 11
created is a question to be decided by the trier of fact.
Sec. 3. Section 53a-196c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) A person is guilty of importing child [pornography] sexual abuse
material when, with intent to promote child [pornography] sexual abuse
material, such person knowingly imports or causes to be imported into
the state three or more visual depictions of child [pornography] sexual
abuse material of known content and character.
(b) Importing child [pornography] sexual abuse material is a class B
felony and any person found guilty under this section shall be sentenced
to a term of imprisonment of which five years of the sentence imposed
may not be suspended or reduced by the court.
Sec. 4. Section 53a-196d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) A person is guilty of possessing child [pornography] sexual abuse
material in the first degree when such person knowingly possesses (1)
fifty or more visual depictions of child [pornography] sexual abuse
material, or (2) one or more visual depictions of child [pornography]
sexual abuse material that depict the infliction or threatened infliction
of serious physical injury, or (3) (A) a series of images in electronic,
digital or other format, which is intended to be displayed continuously,
consisting of two or more frames, or a film or videotape, consisting of
two or more frames, that depicts (i) more than one child engaging in
sexually explicit conduct, or (ii) more than one act of sexually explicit
conduct by one or more children, or (B) any combination of a (i) series
of images in electronic, digital or other format, which is intended to be
displayed continuously, (ii) film, or (iii) videotape, which series, film or
videotape each consists of two or more frames and depicts a single act
of sexually explicit conduct by one child. Substitute House Bill No. 5262
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(b) In any prosecution for an offense under this section, it shall be an
affirmative defense that the acts of the defendant, if proven, would
constitute a violation of section 53a-196h, as amended by this act.
(c) Possessing child [pornography] sexual abuse material in the first
degree is a class B felony and any person found guilty under this section
shall be sentenced to a term of imprisonment of which five years of the
sentence imposed may not be suspended or reduced by the court.
Sec. 5. Section 53a-196e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) A person is guilty of possessing child [pornography] sexual abuse
material in the second degree when such person knowingly possesses
(1) twenty or more but fewer than fifty visual depictions of child
[pornography] sexual abuse material, or (2) a series of images in
electronic, digital or other format, which is intended to be displayed
continuously, consisting of twenty or more frames, or a film or
videotape, consisting of twenty or more frames, that depicts a single act
of sexually explicit conduct by one child.
(b) In any prosecution for an offense under this section, it shall be an
affirmative defense that the acts of the defendant, if proven, would
constitute a violation of section 53a-196h, as amended by this act.
(c) Possessing child [pornography] sexual abuse material in the
second degree is a class C felony and any person found guilty under this
section shall be sentenced to a term of imprisonment of which two years
of the sentence imposed may not be suspended or reduced by the court.
Sec. 6. Section 53a-196f of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) A person is guilty of possessing child [pornography] sexual abuse
material in the third degree when such person knowingly possesses (1) Substitute House Bill No. 5262
Public Act No. 24-118 5 of 11
fewer than twenty visual depictions of child [pornography] sexual
abuse material, or (2) a series of images in electronic, digital or other
format, which is intended to be displayed continuously, consisting of
fewer than twenty frames, or a film or videotape, consisting of fewer
than twenty frames, that depicts a single act of sexually explicit conduct
by one child.
(b) In any prosecution for an offense under this section, it shall be an
affirmative defense that the acts of the defendant, if proven, would
constitute a violation of section 53a-196h, as amended by this act.
(c) Possessing child [pornography] sexual abuse material in the third
degree is a class D felony and any person found guilty under this section
shall be sentenced to a term of imprisonment of which one year of the
sentence imposed may not be suspended or reduced by the court.
Sec. 7. Section 53a-196g of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
In any prosecution for a violation of section 53a-196d, as amended by
this act, 53a-196e, as amended by this act, 53a-196f, as amended by this
act, or 53a-196h, as amended by this act, it shall be an affirmative defense
that (1) the defendant (A) possessed fewer than three visual depictions,
other than a series of images in electronic, digital or other format, which
is intended to be displayed continuously, or a film or videotape, of child
[pornography] sexual abuse material, (B) did not knowingly purchase,
procure, solicit or request such visual depictions or knowingly take any
other action to cause such visual depictions to come into the defendant's
possession, and (C) promptly and in good faith, and without retaining
or allowing any person, other than a law enforcement agency, to access
any visual depiction or copy thereof, took reasonable steps to destroy
each such visual depiction or reported the matter to a law enforcement
agency and afforded that agency access to each such visual depiction, or
(2) the defendant possessed a visual depiction of a nude person under Substitute House Bill No. 5262
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sixteen years of age for a bona fide artistic, medical, scientific,
educational, religious, governmental or judicial purpose.
Sec. 8. Section 53a-196h of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) (1) No person who is under eighteen years of age may knowingly
possess any visual depiction of child [pornography] sexual abuse
material that the subject of such visual depiction knowingly and
voluntarily transmitted by means of an electronic communication
device to such person and in which the subject of such visual depiction
is a person under sixteen years of age.
(2) No person who is under sixteen years of age may knowingly and
voluntarily transmit by means of an electronic communication device a
visual depiction of child [pornography] sexual abuse material in which
such person is the subject of such visual depiction to another person
who is under eighteen years of age.
(b) As used in this section, ["child pornography"] "child sexual abuse
material" and "visual depiction" have the same meanings as provided in
section 53a-193, as amended by this act, and "electronic communication
device" means any electronic device that is capable of transmitting a
visual depiction, including a computer, computer network and
computer system, as those terms are defined in section 53a-250, and a
cellular or wireless telephone.
(c) Any person who violates the provisions of this section shall be
guilty of a class A misdemeanor.
Sec. 9. Section 54-86m of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
Notwithstanding the provisions of section 54-86a, in any criminal
proceeding, any property or material that constitutes child Substitute House Bill No. 5262
Public Act No. 24-118 7 of 11
[pornography] sexual abuse material shall remain in the care, custody
and control of the state, and a court shall deny any request by the
defendant to copy, photograph, duplicate or otherwise reproduce any
property or material that constitutes child [pornography] sexual abuse
material provided the attorney for the state makes the property or
material reasonably available to the defendant. Such property or
material shall be deemed to be reasonably available to the defendant if
the attorney for the state provides the defendant, the defendant's
attorney or any individual the defendant may seek to qualify to furnish
expert testimony at trial, ample opportunity for inspection, viewing and
examination of the property or material at a state facility or at another
facility agreed upon by the attorney for the state and the defendant. For
the purposes of this section, ["child pornography"] "child sexual abuse
material" has the same meaning as in section 53a-193, as amended by
this act.
Sec. 10. Subdivision (2) of subsection (c) of section 19a-343 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2024):
(2) Promoting an obscene performance or obscene material under
section 53a-196 or 53a-196b, employing a minor in an obscene
performance under section 53a-196a, importing child [pornography]
sexual abuse material under section 53a-196c, as amended by this act,
possessing child [pornography] sexual abuse material in the first degree
under section 53a-196d, as amended by this act, possessing child
[pornography] sexual abuse material in the second degree under section
53a-196e, as amended by this act, or possessing child [pornography]
sexual abuse material in the third degree under section 53a-196f, as
amended by this act.
Sec. 11. (Effective from passage) (a) There is established a task force to
study the responsiveness of state agencies and the Judicial Branch to
issues concerning child sexual abuse. The task force shall undertake an Substitute House Bill No. 5262
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examination of state agency and Judicial Branch policies and practices
relating to and impacting children in order to identify opportunities to
detect, mitigate, prevent and effectively respond to such abuse. For the
purposes of this section, "state agency" means the Departments of
Children and Families, Public Health, Developmental Services, Social
Services, Mental Health and Addiction Services, Emergency Services
and Public Protection and Education.
(b) The task force shall consist of the following members:
(1) One appointed by the speaker of the House of Representatives,
who is a member of the joint standing committee of the General
Assembly having cognizance of matters relating to the judiciary;
(2) One appointed by the president pro tempore of the Senate, who is
a psychologist licensed pursuant to chapter 383 of the general statutes
with expertise in the treatment of children who have suffered from child
sexual abuse;
(3) One appointed by the majority leader of the House of
Representatives, who is a clinical social worker licensed pursuant to
chapter 383b of the general statutes with expertise in identifying child
sexual abuse;
(4) One appointed by the majority leader of the Senate, who is a
physician licensed pursuant to chapter 370 of the general statutes with
expertise in pediatric medicine;
(5) One appointed by the minority leader of the House of
Representatives, who is an attorney admitted to the bar of this state with
expertise in child welfare;
(6) One appointed by the minority leader of the Senate, who is a
representative of a state-wide organization dedicated to the prevention
of sexual violence; Substitute House Bill No. 5262
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(7) The Commissioner of Children and Families, or the
commissioner's designee;
(8) The Commissioner of Public Health, or the commissioner's
designee;
(9) The Commissioner of Developmental Services, or th e
commissioner's designee;
(10) The Commissioner of Social Services, or the commissioner's
designee;
(11) The Commissioner of Mental Health and Addiction Services, or
the commissioner's designee;
(12) The Commissioner of Emergency Services and Public Protection,
or the commissioner's designee;
(13) The Commissioner of Education, or the commissioner's designee;
(14) The Chief Court Administrator, or the administrator's designee;
(15) The Probate Court Administrator, or the administrator's
designee;
(16) The Chief State's Attorney, or the Chief State's Attorney's
designee;
(17) The Chief Public Defender, or the Chief Public Defender's
designee;
(18) The Child Advocate, or the Child Advocate's designee;
(19) The executive director of the Commission on Women, Children,
Seniors, Equity and Opportunity, or the executive director's designee;
(20) A member of the Trafficking in Persons Council, designated by Substitute House Bill No. 5262
Public Act No. 24-118 10 of 11
the chairperson of the council;
(21) A member of the Governor's Task Force on Justice for Abused
Children, established in accordance with the Child Abuse Prevention
and Treatment Act, 42 USC 5106c et seq., jointly designated by the
cochairpersons of the task force; and
(22) One appointed by the Governor, who is a representative of a
children's advocacy center, as defined in section 17a-106a of the general
statutes.
(c) Any member of the task force appointed under subdivision (1),
(2), (3), (4), (5) or (6) of subsection (b) of this section may be a member
of the General Assembly.
(d) All initial appointments to the task force shall be made not later
than thirty days after the effective date of this section. Any vacancy shall
be filled by the appointing authority.
(e) The speaker of the House of Representatives and the president pro
tempore of the Senate shall select the chairpersons of the task force from
among the members of the task force. Such chairpersons shall schedule
the first meeting of the task force, which shall be held not later than sixty
days after the effective date of this section.
(f) The administrative staff of the joint standing committee of the
General Assembly having cognizance of matters relating to children
shall serve as administrative staff of the task force.
(g) Not later than July 1, 2025, the task force shall submit a report on
its findings and recommendations to the joint standing committees of
the General Assembly having cognizance of matters relating to children
and the judiciary, in accordance with the provisions of section 11-4a of
the general statutes. Such recommendations shall include, but need not
be limited to, any legislative recommendations and recommendations Substitute House Bill No. 5262
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for changes to the policies or procedures of any state agency or the
Judicial Branch that would aid such agency or said branch in the
detection, mitigation, prevention and effective response to child sexual
abuse. The task force shall terminate on the date that it submits such
report or July 1, 2025, whichever is later.
Sec. 12. (Effective from passage) Not later than January 1, 2025, the
Office of the Child Advocate shall review state agency practices and
procedures for ensuring the care and protection of minors in Probate
Court guardianship proceedings, and submit a report, in accordance
with the provisions of section 11-4a of the general statutes, to the joint
standing committees of the General Assembly having cognizance of
matters relating to children and the judiciary concerning the adequacy
of such practices and procedures. Such report shall include, but need
not be limited to, an analysis of the (1) statutory requirements applicable
to such proceedings, (2) applicable court rules and policies and quality
assurance measures, (3) practices, procedures and quality assurance
framework applicable to the work of the Department of Children and
Families in Probate Court matters, (4) training and contractual
expectations for counsel assigned to minors and guardians ad litem in
Probate Court guardianship matters, and (5) practices and procedures
for providing guardianship subsidies to eligible recipients by the
Department of Social Services and the quality assurance framework
applicable to the administration of such benefits.