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Criminal Jury Instructions

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7.7-6 Possessing or Transmitting Child Pornography by Minor -- 53a-196h

New, May 20, 2011

Note: This statute penalizes both parties to what is commonly called "sexting," the person sending the image and the person receiving, and retaining, the image.

A. Possessing, 53a-196h (a) (1):

The defendant is charged [in count __] with possessing child pornography by a minor. The statute defining this offense reads in pertinent part as follows:

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.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1- Age of defendant
The first element is that the defendant is thirteen years of age or older but under eighteen years of age.

Element 2 - Possession
The second element is that the defendant knowingly possessed a visual depiction of child pornography. A person acts "knowingly" with respect to conduct or to a circumstance when (he/she) is aware that (his/her) conduct is of such nature or that such circumstance exists. <See Knowledge, Instruction 2.3-3>. The state must prove that the defendant was aware of the nature and content of the materials.

"Child pornography" is 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.

A "visual depiction" includes undeveloped film and videotape and information of any kind in any form, including computer software, that is capable of conversion into a visual image and includes encrypted data.
 

Element 3 - Age of subject
The third element is that the subject of the visual depiction was at least thirteen years of age but under sixteen years of age.

Element 4 - Transmission of image to defendant
The fourth element is that the individual who is the subject of the visual depiction knowingly and voluntarily transmitted the image to the defendant by means of an electronic communication device. An "electronic communication device" is any electronic device that is capable of transmitting a visual depiction, including, but not limited to, a computer, computer network and computer system, and a cellular or wireless telephone.

I earlier defined "knowingly" for you. An act is done knowingly if done voluntarily and purposely, and not because of mistake, inadvertence or accident. <See Knowledge, Instruction 2.3-3.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was at least thirteen years of age but less than eighteen, 2) (he/she) knowingly possessed a visual depiction of child pornography, 3) the subject of the visual depiction was at least thirteen years of age but less than sixteen, and 4) the subject of the visual depiction knowingly and voluntarily transmitted the image to the defendant by means of an electronic communication device. 

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of possessing child pornography by a minor, then you shall find the defendant guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.

B. Transmitting, 53a-196h (a) (2):

The defendant is charged [in count __] with transmitting child pornography by a minor. The statute defining this offense reads in pertinent part as follows: 

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.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt: 

Element 1- Age of defendant
The first element is that the defendant is thirteen years of age or older but under sixteen years of age.

Element 2 - Transmission
The second element is that the defendant knowingly and voluntarily transmitted a visual depiction of child pornography of which (he/she) was the subject to another person by means of an electronic communications device. An "electronic communication device" is any electronic device that is capable of transmitting a visual depiction, including, but not limited to, a computer, computer network and computer system, and a cellular or wireless telephone.

A person acts "knowingly" with respect to conduct or to a circumstance described by a statute defining an offense when (he/she) is aware that (his/her) conduct is of such nature or that such circumstance exists. An act is done knowingly if done voluntarily and purposely, and not because of mistake, inadvertence or accident.

"Child pornography" is 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.

A "visual depiction" includes undeveloped film and videotape and information of any kind in any form, including computer software, that is capable of conversion into a visual image and includes encrypted data.
 

Element 3 - Age of the other person
The third element is that the person to whom the image was transmitted was at least thirteen years of age but under eighteen years of age.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was at least thirteen years of age but less than sixteen, 2) (he/she) knowingly transmitted a visual depiction of child pornography in which (he/she) was the subject to another person, and 3) the other person was at least thirteen years of age but less than sixteen. 

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of transmitting child pornography by a minor, then you shall find the defendant guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.


 

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