Conn. Crim. Jury Instr. 7.7-5

The state has the burden of proving beyond a reasonable doubt that the defendant committed the

crime of possessing child sexual abuse material in the (first / second / third) degree. If you are

satisfied that the state has proved the elements of this crime beyond a reasonable doubt, you must

consider whether the defendant has proved by a preponderance of the evidence (his/her)

affirmative defense to that crime.

<Insert Affirmative Defense, Instruction 2.9-1.>

A. Affirmative defense under § 53a-196g (1):

The defendant must prove by a preponderance of the evidence the following elements:

Element 1- Number of visual depictions

The first element of the defense is that the defendant possessed fewer than three visual depictions

of child sexual abuse material, other than a series of images in electronic, digital or other format,

which is intended to be displayed continuously, or a film or videotape.

Element 2 - Unknowingly possessed

The second element is that the defendant did not knowingly purchase, procure, solicit or request

such visual depictions or knowingly take any other action to cause such visual depictions to

come into (his/her) possession.

Element 3 - Reasonable steps to destroy

The third element is that the defendant promptly and in good faith took reasonable steps to

destroy each such visual depiction without retaining or allowing any person, other than a law

enforcement agency, to access any visual depiction or copy thereof, or reported the matter to a

law enforcement agency and afforded that agency access to each such visual depiction.

Conclusion

<Substitute for the concluding paragraph in the offense instruction.> If you unanimously find

that the state has failed to prove beyond a reasonable doubt any of the elements of the crime of

possession of child sexual abuse material, you shall then find the defendant not guilty and not

consider (his/her) affirmative defense.

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

elements, then you shall consider the defendant’s affirmative defense. If you unanimously find

that the defendant has proved (his/her) affirmative defense by a preponderance of the evidence,

then you shall find the defendant not guilty. If you unanimously find that the defendant has not

proved (his/her) affirmative defense by a preponderance of the evidence, then you shall find the

defendant guilty.

B. Affirmative defense under § 53a-196g (2):

The defendant must prove by a preponderance of the evidence that (he/she) possessed a visual

depiction of a nude person under sixteen years of age for a bona fide artistic, medical, scientific,

educational, religious, governmental or judicial purpose. <Describe the defendant’s claims.>

Conclusion

<Substitute for the concluding paragraph in the offense instruction.> If you unanimously find

that the state has failed to prove beyond a reasonable doubt any of the elements of the crime of

possession of child sexual abuse material, you shall then find the defendant not guilty and not

consider (his/her) affirmative defense.

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

elements, then you shall consider the defendant’s affirmative defense. If you unanimously find

that the defendant has proved (his/her) affirmative defense by a preponderance of the evidence,

then you shall find the defendant not guilty. If you unanimously find that the defendant has not

proved (his/her) affirmative defense by a preponderance of the evidence, then you shall find the

defendant guilty.

1 Public Act No. 14-192, §§ 1-4, amended the child sexual abuse material statutes, effective

October 1, 2014, to include moving images. Section 4 of that act excluded moving images from

the affirmative defense.