Connecticut Seal

General Assembly

 

Committee Bill No. 6002

January Session, 2017

 

LCO No. 4709

 

*04709HB06002JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING "SEXTING" BY A CHILD.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 53a-196h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) (1) No person who is [thirteen years of age or older but] under eighteen years of age may knowingly possess any visual depiction of child pornography that the subject of such visual depiction knowingly and voluntarily transmitted by means of an electronic communication device to such person and in which the subject of such visual depiction is a person [thirteen years of age or older but] under sixteen years of age.

(2) No person who is [thirteen years of age or older but] under sixteen years of age may knowingly and voluntarily transmit by means of an electronic communication device a visual depiction of child pornography in which such person is the subject of such visual depiction to another person who is [thirteen years of age or older but] under eighteen years of age.

(b) As used in this section, "child pornography" and "visual depiction" have the same meanings as provided in section 53a-193, and "electronic communication device" means any electronic device that is capable of transmitting a visual depiction, including a computer, computer network and computer system, as those terms are defined in section 53a-250, and a cellular or wireless telephone.

(c) Any person who violates the provisions of this section shall be guilty of a class A misdemeanor.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2017

53a-196h

Statement of Purpose:

To ensure that a child under a certain age, rather than just those thirteen years of age and older, may be charged with a misdemeanor for "sexting" behavior rather than a felony for child pornography.

[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.]

Co-Sponsors:

REP. STAFSTROM, 129th Dist.; REP. ELLIOTT, 88th Dist.

H.B. 6002