Section 1. Section 53a-196d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) A person is guilty of possessing child pornography in the first degree when such person knowingly possesses (1) fifty or more visual depictions of child pornography, [or] (2) one or more visual depictions of child pornography that depict the infliction or threatened infliction of serious physical injury; or (3) a film, videotape or series of images in electronic, digital or other format where such images are intended to be displayed continuously, depicting more than one child in sexually explicit conduct or multiple acts of sexually explicit conduct by one or more children.

(b) In any prosecution for an offense under this section, it shall be an affirmative defense that the acts of the defendant, if proven, would constitute a violation of section 53a-196h.

(c) 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.

Sec. 2. Section 53a-196e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) A person is guilty of possessing child pornography in the second degree when such person knowingly possesses a film, videotape or series of images in electronic, digital or other format where such images are intended to be displayed continuously, depicting a single act of sexually explicit conduct by a child or twenty or more but fewer than fifty visual depictions of child pornography.

(b) In any prosecution for an offense under this section, it shall be an affirmative defense that the acts of the defendant, if proven, would constitute a violation of section 53a-196h.

(c) Possessing child pornography in the second degree is a class C felony and any person found guilty under this section shall be sentenced to a term of imprisonment of which two years of the sentence imposed may not be suspended or reduced by the court.

Sec. 3. Section 53a-196g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

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 film, videotape or series of images in electronic, digital or other format where such images are intended to be displayed continuously, of child pornography, (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.

Statement of Purpose:

To clarify the law defining child pornography with regard to multiple images such as a film or videotape.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]