Substitute Senate Bill No. 1439 aims to amend the definition of "child sexual abuse material" in Connecticut law by repealing Section 53a-193 and introducing a broader definition. The new definition includes any visual depiction of sexually explicit conduct involving a person under sixteen years of age, or where the subject appears indistinguishable from a person under that age. The bill clarifies that the determination of indistinguishability is based on whether an ordinary person would perceive the subject as an actual minor engaging in such conduct. Importantly, the bill specifies that this definition does not apply to artistic representations such as drawings, cartoons, sculptures, or paintings of minors.

The bill is set to take effect on October 1, 2025, and is expected to have fiscal implications for the state, potentially increasing costs for the Department of Correction and the Judicial Department due to the expanded definition of offenses related to child sexual abuse material. This could result in higher incarceration or probation costs, as well as potential revenue from fines associated with these offenses. The legislation also maintains existing affirmative defenses for defendants, allowing for certain circumstances under which possession of such material may not constitute a crime, such as for bona fide artistic or educational purposes. Overall, the bill seeks to enhance protections against child exploitation by addressing contemporary concerns regarding visual media involving minors.

Statutes affected:
Raised Bill:
JUD Joint Favorable Substitute:
File No. 739: