§ 53a-196g — Possessing child sexual abuse material: Affirmative defenses.

In any prosecution for a violation of section 53a-196d, 53a-196e, 53a-196f or 53a-196h, it shall be an affirmative defense that (1) the defendant (A) possessed fewer than three visual depictions, other than a series of images in electronic, digital or other format, which is intended to be displayed continuously, or a film or videotape, of child sexual abuse material, (B) did not knowingly purchase, procure, solicit or request such visual depictions or knowingly take any other action to cause such visual depictions to come into the defendant's possession, and (C) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof, took reasonable steps to destroy each such visual depiction or reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction, or (2) the defendant possessed a visual depiction of a nude person under sixteen years of age for a bona fide artistic, medical, scientific, educational, religious, governmental or judicial purpose.

Legislative History

(P.A. 04-139, S. 7; P.A. 10-191, S. 5; P.A. 14-192, S. 4; P.A. 24-118, S. 7.) History: P.A. 10-191 made provisions applicable in prosecution for violation of Sec. 53a-196h; P.A. 14-192 amended Subdiv. (1)(A) to add provision re possession of series of images in electronic, digital or other format intended to be displayed continuously, or a film or videotape; P.A. 24-118 amended Subdiv. (1)(A) by replacing “child pornography” with “child sexual abuse material”.