2005 Connecticut Code - 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.

(P.A. 95-143, S. 3; P.A. 04-139, S. 4.)

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.

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.