Possessing Second Degree

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Possessing Second Degree

On another page in this section, we outline the crime of possessing child sexual abuse material in the first degree. On this page, we will cover a similar crime – possessing child sexual abuse material in the second degree. This crime is governed by Connecticut General Statute § 53a-196e, and you can learn more about the statute and the crime here.

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

The statute defines possessing child sexual abuse material in the second degree as knowingly possessing one or more of the following:

(1)  20-50 visual depictions of child sexual abuse material;

(2)  A series of images (pictures, film, etc.) with twenty or more frames depicting a single act of sexually explicit conduct by one child.

Penalties and Defenses of This Crime

Possessing child sexual abuse material in the second degree is classified as a Class C felony. The penalties for this crime specifically are imprisonment for 2-10 years and a fine of no more than $10,000. Conn. Gen. Stat. § 53a-35a; Conn. Gen. Stat. § 53a-41. Two years of this sentence cannot be suspended or reduced.

You could avoid strong penalties by establishing a strong defense for yourself in court. One defense to this crime is if acts of the person committing this crime fit the definition of possessing or transmitting child sexual abuse material.

Consider these two affirmative defenses to possessing child sexual abuse material crimes:

(1)  The person possessed visual depiction of a nude person under the age of sixteen for sincere artistic, scientific, educational, medical, religious, governmental, or judicial 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 purchase, solicit, possess, request, or take other actions to possess the child sexual abuse material AND:

(B) The person immediately and in good faith took reasonable steps to destroy the child sexual abuse material. Alternatively, they might report the depictions to police without at any time allowing other persons to access the depictions besides police.

To explore these defenses and others, it is a good idea to contact a criminal defense lawyer. A lawyer can help you determine the best course of action given your situation. To speak with one of our lawyers at Ruane Attorneys, contact our office.

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