(a) A person is guilty of possessing child sexual abuse material in the third degree when such person knowingly possesses (1) fewer than twenty visual depictions of child 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.
(c) Possessing child 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.
(P.A. 04-139, S. 6; P.A. 07-143, S. 10; P.A. 10-191, S. 4; P.A. 14-192, S. 3; P.A. 24-118, S. 6.)
History: P.A. 07-143 amended Subsec. (b) to require any person found guilty to be sentenced to a term of imprisonment of which 1 year of the sentence imposed may not be suspended or reduced by the court, effective July 1, 2007; P.A. 10-191 added new Subsec. (b) re affirmative defense and redesignated existing Subsec. (b) as Subsec. (c); P.A. 14-192 amended Subsec. (a) to designate existing provision re possession of fewer than 20 visual depictions as Subdiv. (1) and add Subdiv. (2) re possession of series of images in electronic, digital or other format, intended to be displayed continuously, or a film or videotape; P.A. 24-118 replaced references to “child pornography” with “child sexual abuse material” throughout.
Notes of Decisions
Cited in
5
cases, 2010–2016 · leading case:
State v. Fielding, 994 A.2d 96 (Conn. 2010).
State v. Fielding, 994 A.2d 96 (Conn. 2010).
· cites it 4× “In September, 2006, the state charged the defendant by information with possession of child pornography in the third degree in violation of *29 General Statutes § 53a-196f. 1 Thereafter, in February, 2007, the defendant filed a motion requesting that the state be ordered to…”
State v. Ernesto P., 41 A.3d 1115 (Conn. App. Ct. 2012).
· cites it 3× “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. Henderson, 60 A.3d 294 (Conn. App. Ct. 2013).
“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 53a-196d, possessing child pornography…”
State v. Palencia, No. AC36612 (Conn. App. Ct. Jan. 26, 2016).
· cites it 2× “As a result, the defendant was charged, in docket num- ber CR-13-0180270, with one count of risk of injury to a child in violation of § 53-21 (a) (1) and one count of possession of child pornography in the third degree in violation of General Statutes § 53a-196f (a). The…”
Ernesto P. v. Comm'r of Corr., No. AC36163 (Conn. App. Ct. Aug. 4, 2015).
· cites it 2× “in violation of § 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…”
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