Possessing child sexual abuse materials is a crime in the state of Connecticut. There are a few different forms of this crime. On this page, you can learn about one of them – possessing child sexual abuse material in the first degree. This crime is governed by Connecticut General Statute § 53a-196d. You can learn more about it here.

What is Possessing Child Sexual Abuse Material in the First Degree?

The statute defines this crime as knowingly possessing one or more of the following:

1. At least fifty visual depictions of child sexual abuse material.
2. One or more visual depiction of child sexual abuse material that threaten or portray the infliction of serious physical injury.
3. A series of images (pictures, film, etc.) with two or more frames intended to be displayed continuously depicting either:

(A) More than one child engaged in sexually explicit conduct.

(B) More than one act of sexually explicit conduct by one or more child.

Connecticut General Statutes defines a few common terms associated with this crime. Check them out below.

“Child sexual abuse material” is defined in the Connecticut General 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.

“Sexual intercourse” is as defined in the statutes 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.

“Sexually explicit conduct” is defined in the statutes as  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.

Penalties and Defenses

Possessing child pornography in the first degree is classified as a Class B felony. The penalties for this crime specifically are imprisonment for 5-20 years and a of up to $15,000. Conn. Gen. Stat. § 53a-35a; Conn. Gen. Stat. § 53a-41. Fiver years of this sentence cannot be suspended or reduced.

A defense to this crime is if the acts of the person committing this crime fit the definition of possessing or transmitting child sexual abuse material by minor.

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, solicit, purchase, 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. Alternatively, they could have reported the material to the police without at any time allowing other persons to access the depictions besides the police; or

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

Getting Help

If you have been charged with possessing child sexual abuse material in the first degree or any other sex crime, it is important to seek the help of a criminal defense attorney. Our attorneys have worked with sex crimes before, and can answer your questions and guide you through this process. Contact our office for more information.