SB 1439 — AN ACT CONCERNING THE DEFINITION OF "CHILD SEXUAL ABUSE MATERIAL".

Senate General Assembly RaisedFile Bill No.

1439739 January Session, 2025 LCOSubstitute Senate Bill No.

56461439 ReferredSenate, toApril 23, 2025 The Committee on JUDICIARYJudiciary Introducedreportedthrough by:SEN.

(JUD)WINFIELD ANof ACTthe CONCERNING10th THEDist., DEFINITIONChairperson OFof "CHILDthe SEXUALCommittee ABUSEon MATERIAL".the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING THE DEFINITION OF "CHILD SEXUAL ABUSE MATERIAL".

Whether a material or performance is obscene shall be judged by ordinary adults applying contemporarysSB1439 community/ standards.File No.

In739 applying1 contemporarysSB1439 communityFile standards, the state of Connecticut is deemed to be the LCO No.

5646739 1contemporary ofcommunity 4standards. Raised Bill No.1439 community.

In applying contemporary community standards, the state of Connecticut is deemed to be the community.

(7) "Sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the conditionsSB1439 of/ beingFile fettered, bound or otherwise physically restrained on LCO No.

5646739 2 ofsSB1439 4File RaisedNo. Bill No.1439 the part of one so clothed.

739 condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

(12) "Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute,distribute,circulate, circulate, disseminate,present,exhibit,advertise,produce,directorparticipatein.

(13) "Child sexual abuse material" means 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, where the production of such visual depiction involves the use of a person under sixteen years of age, or the subject of such visual depiction appears indistinguishable from 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 LCOsSB1439 / File No.

5646739 3 ofsSB1439 4File Raised Bill No.

1439739 the visual depiction was created is a question to be decided by the trier of fact.

(16) A visual depiction of a subject when described as "indistinguishable" means virtually indistinguishable, in that the visual depiction is such that an ordinary person viewing the visual depiction would conclude that the subject of the visual depiction is of an actual person under sixteen years of age engaging in sexually explicit conduct.

A"Indistinguishable" is not applicable to a visual depiction that is a drawing, cartoon, sculpture or painting of a person under sixteen years of ageage. engaging in sexually explicit conduct is not "indistinguishable" from a visual depiction of an actual person under sixteen years of age engaging in sexually explicit conduct.

Section 1 October 1, 2025 53a-193 StatementJUD ofJoint Purpose:Favorable Subst.

TosSB1439 align/ theFile ConnecticutNo. definition of "child sexual abuse material" with the federal definition of "child pornography".

[Proposed739 deletions4 aresSB1439 enclosedFile inNo. brackets.

Proposed739 additionsThe following Fiscal Impact Statement and Bill Analysis are indicatedprepared byfor underline,the exceptbenefit thatof whenthe members of the entireGeneral textAssembly, solely for purposes of ainformation, billsummarization orand resolutionexplanation orand ado sectionnot ofrepresent athe billintent orof resolutionthe isGeneral new,Assembly itor iseither notchamber underlined.]thereof LCOfor No.any purpose.

5646In 4general, fiscal impacts are based upon a variety of 4informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 26 $ FY 27 $ Judicial Dept.

(Probation);

GF - Potential Minimal Minimal Correction, Dept.

Cost Resources of the General Fund GF - Potential Minimal Minimal Revenue Gain Note:

GF=General Fund Municipal Impact:

None Explanation The bill expands the definition of "child sexual abuse material" which results in a potential cost to the Department of Correction and the Judicial Department for incarceration or probation and a potential revenue gain to the General Fund from fines.

1 This change impacts certain crimes ranging from a class A misdemeanor to a class B felony.

On average, the marginal cost to the state for incarcerating an offender for the year is $3,300 while the average marginal cost for supervision in the community is less than $600 each year for adults and $450 each year for juveniles.

There are currently 65 individuals incarcerated for these offenses.

In FY24, 81 charges were recorded and $152 was collected in associated revenue under CGS §§ 53a-196c-f and 53a-196h.

2Inmate marginal cost is based on increased consumables (e.g., food, clothing, water, sewage, living supplies, etc.) This does not include a change in staffing costs or utility expenses because these would only be realized if a unit or facility opened.

3Probation marginal cost is based on services provided by private providers and only includes costs that increase with each additional participant.

This does not include a cost for additional supervision by a probation officer unless a new offense is anticipated to result in enough additional offenders to require additional probation officers.

sSB1439 / File No.

739 5 sSB1439 File No.