Possessing child pornography 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 pornography in the first degree and possessing child pornography in the second degree in a few ways, which will be outlined on this page. You can learn more about possessing child pornography in the third degree here.
What is Possessing Child Pornography in the Third Degree?
“Child pornography” is defined in Connecticut General Statutes as any visual depiction (photographs, film, videotape, computer generated images, etc.) of person(s) under the age of sixteen engaging in sexually explicit conduct.
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 pornography;
(2) A series of images (pictures, film, etc.) with fewer than twenty frames depicting a single act of sexually explicit conduct by one child;
“Sexual intercourse” is defined in the statutes as the following; vaginal intercourse, anal intercourse, and oral sex . Conn. Gen. Stat. § 53a-65(2) (2019). Slight penetration is sufficient to count as vaginal or anal intercourse and penetration can be done with an object or a body part. Conn. Gen. Stat. § 53a-193.
“Sexually explicit conduct” is defined as actual or simulated (pretending to engage in) sexual intercourse, bestiality, masturbation, sadistic or masochistic abuse, and nude performance.
“Masturbation” is defined as real or simulated touching/stimulating of a person’s own genitals/buttocks or female breasts clothed or unclothed manually or with an instrument. Conn. Gen. Stat. § 53a-193(8) (2019).
“Bestiality” is defined as sexual intercourse between a human and animal.
“Masochistic abuse” is defined by statute as experiencing pleasure or sexual enjoyment from pain or humiliation inflicted on oneself.
“Sadistic abuse” is defined as experiencing pleasure or sexual enjoyment from inflicting pain, humiliation, or suffering on others.
“Nude performance” is defined as exposure of person’s genitals or female breasts either completely exposed or visible to the human eye through clothing on display for an audience. Conn. Gen. Stat. § 53a-193(4) (2019).
What are Possible Defenses to This Charge?
There are many ways that you can defend yourself against a possessing child pornography 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 pornography 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 pornography (not including video) AND:
(A) The person immediately and in good faith took reasonable steps to destroy the visual depictions of child pornography 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 pornography; 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 pornography 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. Conn. Gen. Stat. § 53a-35a (2019); Conn. Gen. Stat. § 53a-41 (2019).
If you have been charged with such a crime or have suspicions that you might be charged with possessing child pornography in the third degree, a criminal defense lawyer can help. Contact us today for more information.