Substitute House Bill No. 5161 aims to update the terminology used in the general statutes regarding child exploitation material by replacing the term "child pornography" with "child sexual abuse material." This change is applied to definitions, offenses, and affirmative defenses concerning the possession, importation, and dealing with such material. The bill defines "child sexual abuse material" as any visual depiction of sexually explicit conduct involving a person under sixteen years of age, with the age determination left to the trier of fact. It also outlines the degrees of offenses for possessing such material, with mandatory minimum imprisonment terms for each degree, and provides an affirmative defense under specific conditions, such as possessing fewer than three visual depictions and taking prompt action to destroy or report the material. The bill also addresses the possession of this material by minors.

The legislative changes include updates to the language in statutes related to the affirmative defense for possession offenses, the state's handling of such material in criminal proceedings, and the offenses that can lead to an action to abate a public nuisance. The bill makes technical adjustments to ensure proper legislative form by consistently using the new term "child sexual abuse material." According to the fiscal impact statement, there is no financial impact from the change in terminology, as it does not affect the prosecution or charging processes. The bill is scheduled to take effect on October 1, 2024.

Statutes affected:
Raised Bill: 54-86m
KID Joint Favorable: 54-86m
File No. 42: 54-86m