Importing

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Importing

Importing child sexual abuse material is considered a sex crime in many states, including the state of Connecticut. Within our state, the laws regarding this crime are governed by the Connecticut General Statute § 53a-196c. On this page, I will discuss the crime of importing child sexual abuse material in greater detail. You can learn exactly how the law defines this crime, the potential penalties, and what to do if you face this charge.

What is Importing Child Sexual Abuse Material?

The statute defines importing child sexual abuse material as a person who knowingly imports three or more visual depictions of child sexual abuse material into the state with the intent to promote child sexual abuse material.

Here are a few common terms that you might be generally familiar with, as well as their actual legal definitions. These legal definitions come from the updated Connecticut General Statutes § 53a-193.

“Child sexual abuse material” is defined by Connecticut statutes as 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 created is a question to be decided by the trier of fact.

“Sexually explicit conduct” is defined by statutes as “Sexually explicit conduct” means actual or simulated (A) sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal physical contact, whether between persons of the same or opposite sex, or with an artificial genital, (B) bestiality, (C) masturbation, (D) sadistic or masochistic abuse, or (E) lascivious exhibition of the genitals or pubic area of any person.

“Sexual intercourse” is defined as intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex or between a human and an animal, or with an artificial genital.

“Masturbation” is defined as the real or simulated touching, rubbing or otherwise stimulating a person’s own clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breast, either by manual manipulation or with an artificial instrument.

“Nude performance” is defined as the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state in any play, motion picture, dance or other exhibition performed before an audience.

“Sado-masochistic abuse” means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

Penalties of Importing Child Sexual Abuse Material

Importing child sexual abuse material is classified as a Class B felony. The penalties for this crime specifically are imprisonment for a minimum of five years which may not be suspended or reduced, a maximum of twenty years, and a fine of up to $15,000. Conn. Gen. Stat. § 53a-35a; Conn. Gen. Stat. § 53a-41.

Defending Yourself

There are two affirmative defenses to this type of crime:

(1)  The person possessed less than three visual depictions of child sexual abuse material (not including video) AND:

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

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

(2)  The person possessed visual depiction of a nude person under the age of sixteen for sincere artistic, medical, scientific, educational, religious, governmental, or judicial reasons. Conn. Gen. Stat. § 53a-196g.

Call a Connecticut Lawyer for Importing Child Sexual Abuse Material Charges

If you have been charged with importing child sexual abuse material in Connecticut or any other crime you can contact us for additional help.

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