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CHILD PORNOGRAPHY
"Child pornography"
means any visual depiction including any photograph, film, videotape,
picture or computer-generated image or picture, whether made or produced
by electronic, mechanical or other means, of sexually explicit conduct,
where the production of such visual depiction involves the use of a
person under sixteen years of age engaging in sexually explicit conduct,
provided whether the subject of a visual depiction was a person under
sixteen years of age at the time the visual depiction was created is a
question to be decided by the trier of fact.
Source:
General Statutes § 53a-193 (13) (applies to Part XX: Obscenity and
Related Offenses, §§ 53a-194 -- 53a-210).
Commentary:
Prior to 2004, this definition read "'Child pornography' means any
material involving a live performance or photographic or other visual
reproduction of a live performance which depicts a minor in a prohibited
sexual act." In State v. Ehlers, 252 Conn. 579 (2002), the Court
concluded that the audience required for a live performance could be a
single person, including the photographer. See State v. Sorabella,
277 Conn. 155, 188-89, cert. denied, __ U.S. __, 127 S.Ct. 131, 166
L.Ed.2d 36 (2006) (discussing statutory amendment and declining to
overrule Ehlers).
Glossary
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