Sec. 53a-196d. Possessing child pornography in the first degree: Class B felony.
Sec. 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 fifty or more visual depictions of child pornography.
(b) 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.
(P.A. 95-143, S. 3; P.A. 04-139, S. 4; P.A. 07-143, S. 8.)
History: P.A. 04-139 renamed offense by replacing "possessing child pornography" with "possessing child pornography
in the first degree" where appearing, amended Subsec. (a) to replace provision that offense occurs when a person "knowingly
possesses child pornography, as defined in subdivision (13) of section 53a-193" with "knowingly possesses fifty or more
visual depictions of child pornography" and delete provision that possession of a photographic or other visual reproduction
of a nude minor for a bona fide artistic, medical, scientific, educational, religious, governmental or judicial purpose is not
a violation of subsection, and amended Subsec. (b) to increase penalty from a class D felony to a class B felony; P.A. 07-143 amended Subsec. (b) to require any person found guilty to be sentenced to a term of imprisonment of which 5 years
of the sentence imposed may not be suspended or reduced by the court, effective July 1, 2007.
Trial court properly rejected defendant's claim that statute is unconstitutionally vague; there is no first amendment
right to possess materials otherwise covered by the definition of child pornography specified in Sec. 53a-193(13) when
the person depicted is younger than eighteen, statute is not unconstitutional on its face and defendant having conceded
that statute clearly gives fair notice that pornographic materials depicting children under sixteen are prohibited and having
admitted that he possessed materials depicting children under sixteen, statute is not unconstitutionally vague as applied to
defendant. "Minor", for purposes of statute, means a person under sixteen years of age. 252 C. 579.