On another page in this section, we outline the crime of possessing child pornography in the first degree. On this page, we will cover a similar crime – possessing child pornography 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 Pornography in the Second Degree?
The statute defines possessing child pornography in the second degree as knowingly possessing one or more of the following:
(1) 20-50 visual depictions of child pornography;
(2) A series of images (pictures, film, etc.) with twenty or more frames depicting a single act of sexually explicit conduct by one child.
How does the law define some of the terms mentioned above?
“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.
“Sexually explicit conduct” is defined as actual or simulated (pretending to engage in) bestiality, sadistic or masochistic abuse, masturbation, nude performance, and sexual intercourse.
“Bestiality” is defined as sexual intercourse between a human and animal.
“Sadistic abuse” is defined as experiencing pleasure or sexual enjoyment from inflicting pain, humiliation, or suffering on others.
“Masochistic abuse” is defined as experiencing pleasure or sexual enjoyment from pain or humiliation inflicted on oneself.
“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. “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).
“Sexual intercourse” is as defined 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
Penalties and Defenses of This Crime
Possessing child pornography 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 (2019); Conn. Gen. Stat. § 53a-41 (2019).
You can 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 pornography by a minor.
Consider these two affirmative defenses to possessing child pornography 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 pornography (not including video) AND:
(A) The person did not knowingly purchase, solicit, possess, request, or take other actions to possess the child pornography AND:
(B) The person immediately and in good faith took reasonable steps to destroy the child pornography. 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.