Conn. Crim. Jury Instr. 7.7-6

Note: This instruction is for crimes committed on or after October 1, 2017. Number 17-25,

§ 1, of the 2017 Public Acts changed the age elements for this offense. For the instruction

for crimes committed before October 1, 2017, see Instruction 7.7-6 (archived).

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 sexual abuse material by a minor.

The statute defining this offense reads in pertinent part as follows:

No person who is under eighteen years of age may knowingly possess any visual

depiction of child sexual abuse material 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 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 was under eighteen years of age.

Element 2 - Possession

The second element is that the defendant knowingly possessed a visual depiction of child sexual

abuse material. 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 sexual abuse material” is any visual depiction, including any photograph, film, videotape,

picture or computer-generated image or picture, whether made or produced by electronic, digital,

mechanical or other means, of sexually explicit conduct,

1 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.

A “computer-generated image” is an image of a real child under the age of 16 that has been

digitally captured, stored, altered, and/or enhanced.

Element 3 - Age of subject

The third element is that the subject of the visual depiction was 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 it is 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 less than

eighteen years of age, 2) (he/she) knowingly possessed a visual depiction of child sexual abuse

material, 3) the subject of the visual depiction was less than sixteen years of age, 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 sexual abuse material 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 sexual abuse material by a minor.

The statute defining this offense reads in pertinent part as follows:

No person who is under sixteen years of age may knowingly and voluntarily transmit

by means of an electronic communication device a visual depiction of child sexual

abuse material in which such person is the subject of such visual depiction to another

person who is 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 was under sixteen years of age.

Element 2 - Transmission

The second element is that the defendant knowingly and voluntarily transmitted a visual

depiction of child sexual abuse material 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 it was done voluntarily and purposely, and not

because of mistake, inadvertence or accident. <See Knowledge, Instruction 2.3-3.>

“Child sexual abuse material” is any visual depiction, including any photograph, film, videotape,

picture or computer-generated image or picture, whether made or produced by electronic, digital,

mechanical or other means, of sexually explicit conduct,

2 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.

A “computer-generated image” is an image of a real child under the age of 16 that has been

digitally captured, stored, altered, and/or enhanced.

Element 3 - Age of the other person

The third element is that the person to whom the image was transmitted was under eighteen years

of age.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was less than

sixteen years of age, 2) (he/she) knowingly transmitted a visual depiction of child sexual abuse

material in which (he/she) was the subject to another person, and 3) the other person was under

eighteen years of age.

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

of the crime of transmitting child sexual abuse material 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.

_______________________________________

1 For further guidance on what constitutes “sexually explicit conduct,” see Possessing Child

Sexual Abuse Material, Instruction 7.7-4.

2 See footnote 1.