Possessing or Transmitting

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Possessing or Transmitting

There are many different types of sex crimes as defined by the Connecticut General Statutes. One such crime is possessing or transmitting child sexual abuse material 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 Sexual Abuse Material by a Minor?

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

(1)  A person under the age of eighteen knowingly possesses any visual depiction of child sexual abuse material 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 sexual abuse material through electronic communication to another person under the age of eighteen.

Defenses to This Crime

How can you defend yourself against a possessing or transmitting child sexual abuse material 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 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 the police without at any time allowing other persons to access the depictions besides the police.

Penalties and Getting Help

Possessing or transmitting child sexual abuse material 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.

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