There are many different types of sex crimes as defined by the Connecticut General Statutes. One such crime is possessing or transmitting child pornography by a minor. You can learn more about this crime and what to do if charged with it here.

What is Possessing or Transmitting Child Pornography by a Minor?

This crime is governed by Connecticut General Statute § 53a-196h. The statute defines possessing or transmitting child pornography by a minor as one of the following scenarios:

(1)  A person under the age of eighteen knowingly possesses any visual depiction of child pornography in which the subject of the image is under the age of sixteen.

(2)  A person under the age of sixteen knowingly and voluntarily transmits visual depictions of child pornography through electronic communication to another person under the age of eighteen.

“Child pornography” is defined in Connecticut General Statutes as any visual depiction (photographs, film, videotape, computer generated images, etc.) of person(s) under the age of sixteen engaging in sexually explicit conduct.

“Sexually explicit conduct” is defined as actual or simulated (pretending to engage in) sexual intercourse, bestiality, masturbation, sadistic or masochistic abuse, and nude performance.

“Sexual intercourse” is as defined as the following; vaginal intercourse, anal intercourse, and oral sex. Conn. Gen. Stat. § 53a-65(2) (2019). Slight penetration is sufficient to count as vaginal or anal intercourse and penetration can be done with an object or a body part. Conn. Gen. Stat. § 53a-193

“Bestiality” is defined as sexual intercourse between a human and animal.

“Masturbation” is defined as real or simulated touching/stimulating of a person’s own genitals/buttocks or female breasts clothed or unclothed manually or with an instrument. Conn. Gen. Stat. § 53a-193(8) (2019).

“Sadistic abuse” is defined by the statutes as experiencing pleasure or sexual enjoyment from inflicting pain, humiliation, or suffering on others.

“Masochistic abuse” is defined as experiencing pleasure or sexual enjoyment from pain or humiliation inflicted on oneself.

“Nude performance” is defined as exposure of person’s genitals or female breasts either completely exposed or visible to the human eye through clothing on display for an audience. Conn. Gen. Stat. § 53a-193(4) (2019).

Defenses to This Crime

How can you defend yourself against a possessing or transmitting child pornography by a minor charge? There are a few common defenses to consider. Here are a few:

(1)  The person possessed visual depiction of a nude person under the age of sixteen for sincere medical, scientific, artistic, educational, religious, judicial, or governmental reasons; or

(2)  The person possessed less than three visual depictions of child pornography (not including video) AND:

(A) The person did not knowingly possess, purchase, solicit, request or take other actions to possess visual depictions of child pornography AND:

(B) The person immediately and in good faith took reasonable steps to destroy the visual depictions of child pornography or reported the depictions to the police without at any time allowing other persons to access the depictions besides the police.

Penalties and Getting Help

Possessing or transmitting child pornography by a minor is classified as a Class A misdemeanor. The penalties for a Class A misdemeanor are a prison sentence for up to one year and a fine of up to $2,000. This is according to Conn. Gen. Stat. § 53a-36 (2019); Conn. Gen. Stat. § 53a-42 (2019).

If you have been charged with this crime or any other sex crime, it is a good idea to contact a criminal defense lawyer. Such a lawyer can answer your questions and help you determine what to do next. To speak to a criminal defense lawyer today, contact our office.