Conn. Crim. Jury Instr. 7.6-5

The defendant is charged [in count __] with harmful communication with a minor. The statute

defining this offense reads in pertinent part as follows:

A person, who is twenty-five years of age or older, is guilty of harmful

communication with a minor when such person uses an interactive computer service

or text message to knowingly persuade, induce, entice, or coerce a minor to share a

photographic or other recorded image of the minor for the purpose of providing

sexual gratification to the person who requests that the image be shared.

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 at the time of the alleged offense, the defendant had attained the age of

twenty-five years or older.

Element 2 - Use of Interactive Computer Service/Text Message to Obtain Photographic

Image from Minor

The second element is that the defendant used (an interactive computer service / a text message)

to (persuade / induce / entice / coerce) a minor to share a photographic or other recorded image

of the minor.

“Interactive computer service” means any information service, system or access software

provider that provides or enables computer access by multiple users to a computer server,

including specifically a service or system that provides access to the internet and such systems

operated or services offered by libraries or educational institutions.1

“Text message” means an electronic communication typically sent and received by mobile

phone.

“Minor” means any person under eighteen years of age, or whom the actor reasonably believes to

be under eighteen years of age.2

“Persuade” means to prevail on a person to do something, as by advising or urging.

“Entice” means to lead on by exciting hope or desire.

“Induce” means to lead or move by persuasion or influence, as to some action or state of mind.

“Coerce” means to compel by force, intimidation, or authority, especially without regard for

individual desire or volition.3

“Share” means an act of sending or causing to be delivered, including by affirmatively granting

the receiver access to the originator’s files.4

“Recorded image” means any visual depiction, including digital, film, or videotape, or data

stored on computer disc or by electronic means which is capable of conversion into a visual

image. It also includes encrypted data.

Element 3 – Knowingly

The third element is that the defendant knowingly (persuaded / induced / enticed / coerced) the

minor to share the image.

A person acts “knowingly” with respect to conduct or a circumstance when (he/she) is aware that

(his/her) conduct is of such a nature or that such circumstance exists. <See Knowledge,

Instruction 2.3-3.>

Element 4 - Sexual gratification

The fourth element is that the defendant obtained the photographic or other recorded image from

the minor for the purpose of providing the defendant sexual gratification.

“Purpose” means the defendant’s conscious objective was to cause such result. <See Intent:

Specific, Instruction 2.3-1.>

“Sexual gratification” has no technical or unusual meaning. It denotes that which is sexually

stimulating, pleasing, or satisfying. To determine whether the defendant acted with purpose to

sexually gratify (himself/herself), you may consider the defendant’s conduct and the surrounding

circumstances and draw any reasonable and logical inferences. Sexual gratification, like intent,

is rarely capable of proof by direct evidence and usually must be inferred from the

circumstances. Circumstantial evidence is sufficient to prove that the defendant obtained the

photographic or other recorded image of the minor for the purpose of providing the defendant

sexual gratification, provided that the inferences drawn comply with the standards for inferences

as explained in my instruction on circumstantial evidence. Whether the defendant acted with the

purpose to provide sexual gratification to (himself/herself) is a question of fact for you to

determine.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant had attained

the age of twenty-five years or older; 2) (he/she) used (an interactive computer service / a text

message) to (persuade / induce / entice / coerce) a minor into sharing a photographic or other

recorded image; 3) (he/she) did so knowingly; and 4) (he/she) did so for the purpose of providing

(himself/herself) sexual gratification.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of harmful communication with 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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1 General Statutes § 53a-196j (a) (2); General Statutes § 53a-90a.

2 General Statutes § 53a-196j (a) (1). This language appears designed for allegations involving

law enforcement playing the role of a minor in an undercover capacity.

3 See Dictionary.com for each of the foregoing definitions.

4 Cf. Smith v. State, 204 So.3d 18, 21-22 (Fla. 2016).

5 Cf. 18 U. S. C. § 2256 (5); United States v. Philips, 54 F.4th 374 (6th Cir. 2022).

6 The statute does not require that the images be pornographic or contain nudity.