(a) A person is guilty of obscenity as to minors when he knowingly promotes to a minor, for monetary consideration, any material or performance which is obscene as to minors.
(b) For purposes of this section, “knowingly” means having general knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry as to (1) the character and content of any material or performance which is reasonably susceptible of examination by such person and (2) the age of the minor.
(c) In any prosecution for obscenity as to minors, it shall be an affirmative defense that the defendant made (1) a reasonable mistake as to age, and (2) a reasonable bona fide attempt to ascertain the true age of such minor, by examining a draft card, driver's license, birth certificate or other official or apparently official document, exhibited by such minor, purporting to establish that such minor was seventeen years of age or older.
(d) Obscenity as to minors is a class D felony.
(1969, P.A. 828, S. 198; P.A. 85-496, S. 1; P.A. 92-260, S. 78.)
History: P.A. 85-496 increased penalty from class A misdemeanor to class D felony; P.A. 92-260 made a technical change in Subsec. (c).
Under revision of 1999, provision that proscribes “importation of two or more copies” was not limited to copies of the same image, but also included reproductions of two or more different images; section not limited to commercial importation of child pornography but also includes transmittal of images by personal computer; expert evidence is not necessary to establish that child depicted is real and not electronically generated; evidence that defendant sent images via electronic mail service routed through Virginia was sufficient to establish the proscribed activity of “importing” images. 277 C. 155.
Cited. 36 CS 352.
Notes of Decisions
Thompson v. Oklahoma, 487 U.S. 815 (1988).
· cites it 2× “Conn. Gen. Stat. § 53a-196 (1985) Del. Del.”
Outmezguine v. State, 641 A.2d 870 (Md. 1994).
· cites it 2× “§ 18-6-403 (West 1990); Conn. Gen. Stat. § 53a-196, -196a, -196b (1989 & Supp.”
State v. Ehlers, 750 A.2d 1079 (Conn. 2000).
· cites it 2× “” Section 53a-193 (2) (A) defines minor as “any person less than seventeen years old as used in section 53a-196 and less than sixteen years old as used in sections 53a-196a, 53a-196b and 53a-196c .”
State v. Ernesto P., 41 A.3d 1115 (Conn. App. Ct. 2012).
· cites it 3× “That scheme includes, inter alia, offenses relating to the promotion of obscene materials to minors; General Statutes § 53a-196; the employment of minors in obscene performances; General Statutes § 53a-196a; the importation of child pornography; General Statutes § 53a-196c; and…”
Hanson v. Comm'r of Corr., 150 A.3d 234 (Conn. App. Ct. 2016).
· cites it 2× “On August 2, 2007, while self-represented, the petitioner pleaded guilty on a substitute information to the following counts: two counts of sexual assault in the second degree in violation of General Statutes § 53a-71 (a) (1) ; two counts of risk of injury to a child in…”
State v. McCloud, 422 A.2d 327 (Conn. Super. Ct. 1980).
“Certain of the evidence, in particular state’s exhibits B, C and D, is contraband as defined under *357 General Statutes § 54-36a, being the corroboration of the admission of the defendant’s violation of § 53a-196 (a). It would be no more fitting for the court to allow the use…”
State v. Henderson, 60 A.3d 294 (Conn. App. Ct. 2013).
““(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 under section 53a-196c, possessing child pornography in the first degree -under section…”
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