Possessing Third Degree

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Possessing Third Degree

Possessing child sexual abuse material in the third degree is a crime in the state of Connecticut governed by Connecticut General Statute § 53a-196f. This crime is similar to possessing child sexual abuse material in the first degree and possessing child sexual abuse material in the second degree in a few ways, which will be outlined on this page. You can learn more about possessing child sexual abuse material in the third degree here.

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

The statute defines possessing child pornography in the third degree as knowingly possessing one or more of the following:

(1)  Less than twenty visual depictions of child sexual abuse material;

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

What are Possible Defenses to This Charge?

There are many ways that you can defend yourself against a possessing child sexual abuse material charge. Here are a few common ones.

First, consider that one defense is if the acts of the person committing this crime fit the definition of possessing or transmitting child sexual abuse material by a minor.

There are also two affirmative defenses to this type of crime. They are:

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

(A) 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 AND:

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

Penalties and Getting Help

Possessing child sexual abuse material in the third degree is classified as a Class D felony. The penalties for this specific crime are imprisonment for 1-5 years and a fine of up to $5,000. One year of this sentence cannot be suspended or reduced. Conn. Gen. Stat. § 53a-35a; Conn. Gen. Stat. § 53a-41.

If you have been charged with such a crime or have suspicions that you might be charged with possessing child sexual abuse material in the third degree, a criminal defense lawyer can help. Contact us today for more information.

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