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Criminal Jury Instructions  

Criminal Jury Instructions

 

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, 549 U.S. 821, 127 S.Ct. 131, 166 L.Ed.2d 36 (2006) (discussing statutory amendment and declining to overrule Ehlers).

    

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