The United States has specific restrictions on pornography at the federal level. Connecticut also has strict laws and regulations on pornography. Violating the pornography laws in Connecticut is a legal offense that can lead to punishment or penalties. Therefore, it is essential to know pornography laws and regulations to keep yourself out of legal complexities and make informed decisions.
Today, In this article by the Congdon-Law, we will discuss pornography laws in Connecticut and the consequences of violating the law.
Pornography Laws in Connecticut: Obscenity Law for Minor
According to the Connecticut Pornography law, obscenity towards minors is a punishable offense. As per the pornography laws in Connecticut, a person is guilty of obscenity towards minors who knowingly promotes to minors for monetary consideration any sexual act or material prohibited to minors.
- It is important to note that certain sexual materials that are non-obscene in the case of adults can be ‘obscene as to minors’ (CGS § 53a-196). A person guilty of committing obscenity toward minors can be sentenced to 1 to 5 years of prison, a $5000 penalty, or both. (CGS § 53a-196).
- Any material that is obscene to a child or minor that depicts a restricted or prohibited sexual act and taken as a whole.
- A ‘prohibited sexual act’ may include nude performance [CGS§ 53a-193(3)]. A prohibited sexual act’ to minors includes displaying male and female genitalia, the pubic area of the buttock, and women’s breasts with less than a fully opaque covering.
Pornography Laws in Connecticut: Obscenity Law for Adults
Connecticut has a clear and well-defined pornography law to ensure public welfare and safety. Pornography laws in Connecticut, also include obscenity towards adults as a crime or punishable offense. It is a class B misdemeanor to knowingly possess, advertise, sell, distribute, or exhibit obscene materials. Violating this rule can lead to a $1,000 penalty to 6 months in prison or both.
- A person is guilty when they knowingly commit obscenity towards adults, i.e., having or possessing, promoting, or intent to promote any material that they know contains any obscene performance or material.
- The word’ obscene material’, defined by CGS § 53a-193(10), is anything that has characteristics that can used to evoke shameful, passionate, or morbid interest by reading, observation, sound, visuals, or any other manner.
- The word ‘promote’ defined by CGS § 53a-193(12), means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, produce, direct, or take part in.
Child Pornography Laws in Connecticut: What is the Punishment?
Child Pornography laws in Connecticut were constructed with the idea of preventing sex-related crimes, child abuse, and exploration. The pornography law also includes a list of penalties and punishments for possessing child pornography content depending on the quality of the possession and the seriousness of the case.
It has three levels of punishment for violating the law and illicit possession of child pornography by an adult – first-degree, second-degree, and third-degree. Below are the details of each degree:
1. First Degree:
First-degree child pornography possession is serious it is when a person knowingly possesses more than 50 photographs/videos or another form of child pornography material. It falls under a Class B felony, and the punishment for this is 20 years of prison to a $15,000 fine or both. You can learn more about first-degree child pornography punishment or class B felony conviction from the official portal of the Connecticut government.
2. Second Degree:
As an adult, a person is guilty of possessing child porn in the second degree when they are found with more than 20 but less than 50 photographs, and videos. It also includes any material that contains the characteristics of ‘obscenity as to minors’ or depicts ‘obscenity as to minors’ as a class C felony and the punishment for this crime is a fine of up to $10,000 and up to 10 years. It is less serious than the first but more serious than the third.
3. Third Degree:
An adult person guilty of knowingly possessing less than 20 child pornography content (whether in the form of pictures, videos, unprocessed films, or other forms) in the third degree is a class a D felony, and punishment for this act will result in 5 years of prison and a fine up to $5,000.
Pornography Laws in Connecticut: Teen Sexting Laws
The child pornography laws in Connecticut restrict teen sexting to save minors from child abuse or exploitation. Connecticut pornography law punishes both teenagers who are the sender of ‘sext,’ a form of transmitting child pornography via electronic medium, and the receiver of ‘sext.’
A child under the age of 12-17 knowingly or voluntarily sending images of themselves via electronic communication devices, which is considered child pornography, and receivers under 12-17 who get possession of the content are both guilty of violating teenage sexting law.
Child Pornography Laws in Connecticut: Potential Defences
C.G.S. §53a-196g defines a few affirmative defenses against the charges of possessing child pornography. For instance, a person (adult) who unknowingly or unwillingly comes into possession of less than three visual depictions of child pornographic content and immediately takes steps to destroy the illicit content after knowing about it following a mandatory report to the government authority cannot be convicted as an offender of child pornography
Conclusion:
Connecticut, as a part of the United States, has some sort of restrictions on pornography to save individual rights and prevent exploitation, abuse, and sex-related crimes, especially toward minors.
The pornography law in Connecticut is also very strict, and you can expect the government to take stern actions if the pornography law and regulations are violated.