Possessing Child Pornography in the First Degree

Possessing child pornography is a crime in the state of Connecticut. There are a few different forms of this crime. On this page, you can learn about one of them – possessing child pornography in the first degree. This crime is governed by Connecticut General Statute § 53a-196d. You can learn more about it here.

What is Possessing Child Pornography in the First Degree?

The statute defines this crime as knowingly possessing one or more of the following:

(1)  At least fifty visual depictions of child pornography.

(2)  One or more visual depiction of child pornography that threaten or portray the infliction of serious physical injury.

(3)  A series of images (pictures, film, etc.) with two or more frames intended to be displayed continuously depicting either:

(A) More than one child engaged in sexually explicit conduct.

(B) More than one act of sexually explicit conduct by one or more child.

Connecticut General Statutes defines a few common terms associated with this crime. We also provide some definitions from the dictionary for other terms related to possessing child pornography in the first degree.

“Child pornography” is defined in the 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.

“Sexual intercourse” is as 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 in the statutes as actual or simulated (pretending to engage in) sexual intercourse, bestiality, masturbation, sadistic or masochistic abuse, and nude performance.

“Bestiality” is defined as sexual intercourse between a human and animal.

“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).

“Masochistic abuse” is defined 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).

Penalties and Defenses

Possessing child pornography in the first degree is classified as a Class B felony. The penalties for this crime specifically are imprisonment for 5-20 years and a of up to $15,000. Conn. Gen. Stat. § 53a-35a (2019); Conn. Gen. Stat. § 53a-41 (2019).

A defense to this crime is if the acts of the person committing this crime fit the definition of possessing or transmitting child pornography by minor.

There are two affirmative defenses to this type of crime:

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

(A) The person did not knowingly possess, solicit, purchase, request, or take other actions to possess visual depictions of child pornography AND:

(B) The person immediately and in good faith took reasonable steps to destroy the visual depictions of child pornography. Alternatively, they could have reported the depictions of pornography to the police without at any time allowing other persons to access the depictions besides the police; or

(2)  The person possessed visual depiction of a nude person under the age of sixteen for sincere medical, scientific, artistic, educational, governmental, religious, or judicial reasons.

Getting Help

If you have been charged with possessing child pornography in the first degree or any other sex crime, it is important to seek the help of a criminal defense attorney. Our attorneys have worked with sex crimes before, and can answer your questions and guide you through this process. Contact our office for more information.