Section 53a-196d - Possessing child pornography in the first degree: Class B felony(a) A person is guilty of possessing child pornography in the first degree when such person knowingly possesses (1) fifty or more visual depictions of child pornography, or (2) one or more visual depictions of child pornography that depict the infliction or threatened infliction of serious physical injury, or (3) (A) a series of images in electronic, digital or other format, which is intended to be displayed continuously, consisting of two or more frames, or a film or videotape, consisting of two or more frames, that depicts (i) more than one child engaging in sexually explicit conduct, or (ii) more than one act of sexually explicit conduct by one or more children, or (B) any combination of a (i) series of images in electronic, digital or other format, which is intended to be displayed continuously, (ii) film, or (iii) videotape, which series, film or videotape each consists of two or more frames and depicts a single act of sexually explicit conduct by one child.(b) In any prosecution for an offense under this section, it shall be an affirmative defense that the acts of the defendant, if proven, would constitute a violation of section 53a-196h.(c) Possessing child pornography in the first degree is a class B felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.Conn. Gen. Stat. § 53a-196d
( P.A. 95-143, S. 3; P.A. 04-139, S. 4; P.A. 07-143, S. 8; P.A. 10-112, S. 3; 10-191, S. 2; P.A. 14-192, S. 1.)
Amended by P.A. 14-0192, S. 1 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.Amended by P.A. 10-0191, S. 2 of the February 2010 Regular Session, eff. 10/1/2010.Amended by P.A. 10-0112, S. 3 of the February 2010 Regular Session, eff. 10/1/2010. Trial court properly rejected defendant's claim that statute is unconstitutionally vague; there is no first amendment right to possess materials otherwise covered by definition of child pornography specified in Sec. 53a-193(13) when the person depicted is younger than 18, statute is not unconstitutional on its face and defendant having conceded that statute clearly gives fair notice that pornographic materials depicting children under 16 are prohibited and having admitted that he possessed materials depicting children under 16, statute is not unconstitutionally vague as applied to defendant; "minor", for purposes of statute, means a person under 16 years of age. 252 Conn. 579.