(a) A person is guilty of employing a minor in an obscene performance when such person (1) employs any minor, whether or not such minor receives any consideration, for the purpose of promoting any material or performance which is obscene as to minors, notwithstanding that such material or performance is intended for an adult audience, or (2) permits any such minor to be employed, whether or not such minor receives any consideration, in the promotion of any material or performance which is obscene as to minors, notwithstanding that such material or performance is intended for an adult audience, and such person is the parent or guardian of such minor or otherwise responsible for the general supervision of such minor's welfare.
(b) Employing a minor in an obscene performance is a class A felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which ten years of the sentence imposed may not be suspended or reduced by the court.
(P.A. 77-577, S. 2; P.A. 78-345, S. 2, 4; P.A. 85-496, S. 2; P.A. 92-260, S. 79; P.A. 07-143, S. 6.)
History: P.A. 78-345 restated provisions for conformity with Sec. 53a-193 as amended; P.A. 85-496 increased penalty from class B felony to class A felony; P.A. 92-260 made technical changes; P.A. 07-143 amended Subsec. (a) to make technical changes and amended Subsec. (b) to require any person found guilty to be sentenced to a term of imprisonment of which 10 years of the sentence imposed may not be suspended or reduced by the court, effective July 1, 2007.
See Sec. 17a-47 re legal division within Department of Children and Families.
Cited. 227 C. 207. Section is not unconstitutionally vague because there is a body of caselaw that makes clear that directing a child to pose fully or partially nude for photographs in an objectively sexual manner is an exhibition or showing within the meaning of the term “nude performance” and a violation of Subsec. (a)(1); Defendant's conviction under section did not violate defendant's first amendment rights since photographs of children need not depict them explicitly engaged in sexual acts to be patently offensive and thus harmful to minors; the photographs at issue were obscene and not protected by the first amendment. 346 C. 432.
“Audience”, in Subsec. (a)(1), may consist of a single photographer of a live performance or a single person viewing photographs of the performance, whether or not any spectator was present at performance or depicted in photographs; Subsec. (a)(1) advances legislative purpose of prohibiting the exhibition and viewing of children engaged in sexual conduct, regardless of the number of spectators. 135 CA 215.
Notes of Decisions
Cited in
22
cases (
1 in the last 5 years), 1993–2023 · leading case:
State v. Ernesto P., 41 A.3d 1115 (Conn. App. Ct. 2012).
State v. Ernesto P., 41 A.3d 1115 (Conn. App. Ct. 2012).
· cites it 19× “l Statutes § 53a-70 (a) (2), one count of sexual assault in the third degree in violation of General Statutes § 53a-72a (a) (1) (B), one count of risk of injury to a child in violation of General Statutes § 53-21 (a) (1), one count of risk of injury to a child in violation of §…”
State v. Michael R., 291 A.3d 567 (Conn. 2023).
· cites it 24× “1 The defendant, Michael R., appeals2 from the judgments of conviction, rendered after a jury trial, of one count of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2);3 two counts of risk of injury to a child in violation of General Statutes §…”
State v. Zarick, 630 A.2d 565 (Conn. 1993).
· cites it 4× “Zarick, appeals from the judgment of conviction, following conditional pleas of nolo contendere pursuant to General Statutes § 54-94a, 1 to the following charges: (1) one count of employing a minor in an obscene performance in violation of General Statutes § 53a-196a; (2) one…”
State v. Lasaga, 848 A.2d 1149 (Conn. 2004).
· cites it 4× “Lasaga, was convicted, following a plea of nolo contendere, of two counts of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2), 1 two counts of promoting a minor in an obscene performance in violation of General Statutes § 53a-196a (l), 2 and…”
State v. Ehlers, 750 A.2d 1079 (Conn. 2000).
· cites it 3× “” General Statutes § 53a-196a provides in relevant part: “(a) A person is guilty of employing a minor in an obscene performance when (1) he employs any minor, whether or not such minor receives any consideration, for the purpose of promoting any material or performance which is…”
State v. Webb, 680 A.2d 147 (Conn. 1996).
“” General Statutes § 53a-217 provides in relevant part: “Criminal possession of a firearm or electronic defense weapon: Class D felony, (a) A person is guilty of criminal possession of a firearm or electronic defense weapon when he possesses a firearm or electronic defense…”
State v. Hines, 709 A.2d 522 (Conn. 1998).
“” General Statutes § 53a-217 provides: “Criminal possession of a firearm or electronic defense weapon: Class D felony, (a) Aperson is guilty of criminal possession of a firearm or electronic defense weapon when he possesses a firearm or electronic defense weapon and has been…”
State v. Dash, 698 A.2d 297 (Conn. 1997).
“) General Statutes § 53a-217 provides: “Criminal possession of a firearm or electronic defense weapon: Class D felony, (a) A person is guilty of criminal possession of a firearm or electronic defense weapon when he possesses a firearm or electronic defense weapon and has been…”
State v. Floyd, 756 A.2d 799 (Conn. 2000).
“and (1) has been convicted of a capital felony, a class A felony, except a conviction under section 53a-196a, a class B felony, except a conviction under section 53a-86, 53a-122 or 53a-196b, a class C felony, except a conviction under section 53a-87, 53a-152 or 53a-153, or a…”
State v. Ducharme, 39 A.3d 1183 (Conn. App. Ct. 2012).
· cites it 2× “The defendant at that time pleaded guilty to the crime of sexual assault in the second degree in violation of General Statutes § 53a-71 (a) (1), under the Alford doctrine, 2 and to the crime of employing a minor in an obscene performance in violation of General Statutes §…”
State v. Abraham, 780 A.2d 223 (Conn. App. Ct. 2001).
“to 1997) § 53a-217 (a), “[a] person is guilty of criminal possession of a firearm or electronic defense weapon when he possesses a firearm or electronic defense weapon and has been convicted of a capital felony, a class A felony, except a conviction under section 53a-196a, a…”
State v. Hair, 792 A.2d 179 (Conn. App. Ct. 2002).
“to 1999) § 53a-217 provides in relevant part: “A person is guilty of criminal possession of a firearm or electronic defense weapon when he possesses a firearm or electronic defense weapon and (1) has been convicted of a capital felony, a class A felony, except a conviction under…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.