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Pornography Laws In Connecticut

Pornography Laws In Connecticut: Your Personal Guide 2023

While talking about pornography we have to keep lots of things in our mind. the first thing is that it’s not the same in every country. When different people view it differently then when it comes to different countries there will be different laws and regulations. Also since there are laws in different countries that doesn’t mean pornography is something that is taboo and you shouldn’t be talking about it or the people who are in the porn are to be seen as someone who is doing a big crime.

We should accept the fact that people we see in pornography are doing this for a living and this is their profession, so no need to throw hatred at them. OK, so pornography is legal in many places and illegal in some other places and there are many reasons why it is Illegal in the case of Arab countries they have completely banned pornography because of the reason that it is against Islamic laws and beliefs. in such a way, there are different laws and regulations and here we are going to look into the laws regarding pornography in Connecticut.

Possession of Child Pornography in the First Degree in Connecticut is punishable by up to 20 years of jail, 20 years of sex offender probation, sex offender registration, and a maximum $15,000 fine.

Pornography Laws In Connecticut

In Connecticut, it is unlawful to engage in the distribution, sale, and advertising of pornography. People who break the law will be sent to prison for 6 months or have to pay a fine of $1000 or both. The thing is if the person is very well aware of what he is selling or promoting then he is breaking the law. More than the term pornography, obscenity is what suits the more in case of Connecticut.

A material is considered obscene if it appeals to the prurient interest and it shows an offensive way of prohibiting sex also it doesn’t have any educational, political or scientific value. These are the things which are counted as obscenity in Connecticut. 

And like most of the countries child pornography is illegal in Connecticut. A person is accused of child pornography if he knowingly promotes obscene materials to minors for monetary benefits.

For this, the offender will be punished with a Class D felony. In class D felony he will have a jail term of one to five years or a fine up to $5000 or both. They also have laws to protect the children from viewing magazines which are for adult sales. So the age bar of minors when it comes to child pornography is different in all places.

In the case of Connecticut, it is 16 years. So children below 16 years of age should not be engaged in any sexually explicit content and also they should not view obscene content as well.

So anyone responsible for involving a minor in sexually explicit content is considered a criminal. Even if it is simulated and doesn’t have any real person who is below 16 years that is banned. When the law states that a minor should not be shown sexually explicit content it involves bestiality, abuse, and also the human genitals. 

A person will be accused of first-degree possession if he knowingly possesses 50 or more visual depictions of child pornography and also if a minor is physically injured in those possessions. Second-degree possession is when a person knowingly possesses 20 – 50 child pornography images or videos.

It’s a third-degree possession when a person knowingly possesses less than 20 visual depictions or child pornography. So before accusing a person of child pornography in Connecticut, one should make sure about whether he is aware of the possession and also several possessions. First-degree possession will be given a Class B Felony, a Class C felony for second-degree possession, and third-degree possession, it will be a Class D felony. To be more clear about the punishments:

  • • Class B Felony – Punishment of at least 5 years in jail. 
  • • Class C felony – A jail term of at least 2 years 
  • • Class D felony – Punishable by imprisonment for at least one year. 

And there are cases when instead of denying the allegation the defendant states some other reason to possess child pornography. In that way, the defendant has two affirmative defenses-

1. If the defendant possesses only less than three visual depictions of child pornography, he wasn’t knowingly purchasing anything related to child pornography and he took the necessary steps to destroy each copy of child pornography or reported it to any law agency. 

2. The second affirmative defense is that the possession of child pornography was for medical, scientific, educational or judicial purposes. 

Apart from all these even importing child pornography is illegal and one will be charged under Class B Felony for 5 years of imprisonment. Then another thing we have to give focus here is revenge porn. This happens mostly in case of a breakup between two people, where one threatens to share the nude or intimate video of the other to seek revenge.

When a person intentionally publishes another person’s image with his or her concern is considered revenge porn. Revenge porn is also considered a serious issue because it will destroy the life of the person in the image, so if you are charged with this case you will get both jail terms and also have to pay the fine. And one can be charged multiple times for each photo or video shared without the consent of the other. 

So from what you read above it will be clear that the rules are strictly followed and you can’t get away with child pornography or revenge porn. If you want something to watch just go with normal pornography which is available just leave the children alone. They are not to be objectified under any circumstances.

Affirmative Defenses

An affirmative defense in Connecticut’s child pornography possession laws doesn’t dispute the allegations but offers alternative reasons for the defendant’s non-liability. There are two affirmative defenses available:

Possession of Fewer Than Three Depictions:

  • If the defendant had fewer than three visual depictions of child pornography.
  • The defendant didn’t knowingly buy, obtain, solicit, or request the child pornography.
  • The defendant promptly and in good faith took reasonable steps to destroy each copy or report the matter to law enforcement.

Bona Fide Purpose Defense:

  • It’s a defense if the defendant possessed a visual depiction of a nude person under 16 for legitimate purposes like artistic, medical, scientific, educational, religious, governmental, or judicial reasons.

Importing Child Pornography

Importing three or more visual depictions of child pornography knowingly into Connecticut is illegal. To be convicted, the defendant must have known the content. Importing child pornography is a Class B felony, punishable by at least five years of imprisonment.

Fighting Child Pornography Charges in Connecticut

The skilled computer crime and child pornography attorneys at Mark Sherman Law have been vigorously defending cases of child porn possession since 2002. We often encounter clients facing felony charges for possessing child pornography accidentally downloaded while viewing legal content. Some individuals, in good faith, attempt to delete suspicious content but unintentionally fail to remove it from their computer trash files, leaving them still in possession. Connecticut’s child pornography law doesn’t account for such situations, treating them as severely as intentional downloaders.

Issues also arise when tallying the number of images, as police often rely on file names without proving the identities or ages of participants. Constitutional concerns emerge when police monitor downloading activities—did they have a proper warrant for private communications, and did they adhere to its restrictions?

Our firm raises these defenses in your child pornography case. We scrutinize police reports and search warrants to ensure your constitutional rights are upheld. If needed, our forensic computer experts analyze hardware to check if proper protocols were followed. Together, we collaborate to build the best defense, increasing your chances of beating charges or negotiating a favorable plea deal for you and your family.

Child Pornography Charges

Conclusion

understanding and navigating through child pornography charges in Connecticut requires a comprehensive approach. The legal landscape is complex, with strict laws and potentially severe consequences.

Mark Sherman Law stands as a reliable ally in the fight against these charges, leveraging extensive experience and a nuanced understanding of the intricacies involved.

From challenging affirmative defenses to scrutinizing constitutional rights violations, our firm aims to provide robust legal representation. Our commitment is not only to defend but also to explore every avenue that could lead to a favorable outcome for our clients and their families. Facing child pornography charges is a serious matter, and having a dedicated legal team is crucial to ensuring a fair and just resolution.

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