Connecticut General Statutes § 53a-189a – Disseminating Voyeuristic Material

Understanding the Charge

Connecticut law makes it a felony to share or distribute images or recordings of another person that were taken without their consent in a private setting. This statute is aimed at stopping the spread of intimate images that are recorded secretly or under circumstances where the person reasonably expected privacy.

Disseminating voyeuristic material—sometimes referred to as “revenge porn” or “non-consensual intimate image distribution”—is treated as a very serious offense. These cases often involve text messages, email attachments, cloud accounts, or social media posts. Once an image has been shared, it is nearly impossible to contain, which is why prosecutors take these cases so aggressively.

Elements of the Offense

To secure a conviction under § 53a-189a, the prosecution must prove that:

• The accused shared, published, or distributed material that qualifies as voyeuristic;
• The image or video was taken without the victim’s consent or in a setting where they had a reasonable expectation of privacy (such as a bedroom, bathroom, locker room, or dressing room); and
• The dissemination was intentional and without the victim’s consent.

The State does not have to prove that the accused made money from the images—only that they were shared knowingly and without permission.

Penalties

Disseminating voyeuristic material is typically a Class D felony in Connecticut. Penalties may include:

• Up to 5 years in prison;
• Fines of up to $5,000;
• Mandatory sex offender registration in many cases;
• A permanent felony record that can affect employment, housing, and professional licensing.

If the victim is a minor, or if the distribution is particularly widespread, prosecutors may pursue even harsher penalties.

Example Case Scenario

A man going through a bitter breakup sends private photos of his ex-girlfriend to a group chat with friends. One of the recipients later forwards the photos, and they spread around the community. Even though he didn’t intend for the images to circulate so far, he is still charged under § 53a-189a because he knowingly shared the images without the victim’s consent.

In another case, a woman posts intimate images of her former partner online during an argument, then deletes them quickly. By the time she removes them, screenshots have already been taken. She now faces felony charges and the possibility of sex offender registration.

Defenses

Possible defenses against dissemination charges include:

• Consent – the alleged victim consented to sharing the images;
• Lack of intent – the accused did not knowingly disseminate the images;
• Hacking or unauthorized use – the accused’s phone or account was accessed without permission.
• Insufficient evidence – the State cannot prove who actually shared or uploaded the material.

Diversionary Options – AR and Domestic Violence Programs

Because § 53a-189a is usually charged as a Class D felony, in some cases a first-time offender may be eligible for the Accelerated Rehabilitation (AR) program. AR is a pretrial diversion program that can lead to dismissal of charges after a period of supervision and good behavior.

If the alleged victim was a spouse, dating partner, or live-in partner, prosecutors may handle the case on the domestic violence docket. In those situations, the court may consider the Family Violence Education Program (FVEP) or similar domestic violence interventions. These programs focus on counseling and education rather than punishment.

Not every case will qualify for diversion, and the decision is highly dependent on the facts, the judge, and the prosecutor. An experienced lawyer can present arguments for admission into AR or FVEP and highlight mitigating factors such as lack of prior record, emotional circumstances, or evidence of rehabilitation.

Collateral Consequences

The damage from a dissemination conviction extends far beyond court:

• Placement on the Connecticut sex offender registry;
• Loss of employment opportunities, especially in sensitive fields;
• Immigration problems for non-citizens, including denial of visas and possible deportation;
• Lasting social stigma that can affect relationships and community standing.

Related Offenses

• § 53a-189b – Voyeurism
• § 53a-70b – Sexual Assault in a Spousal or Cohabitating Relationship
• § 53a-90a – Enticing a Minor by Computer
• § 53a-223 – Violation of a Protective Order

Why You Need an Experienced Defense Lawyer

These cases move quickly. Police and prosecutors often seize phones, computers, and accounts within hours of the complaint. If you are facing a dissemination charge, you need immediate representation from a lawyer who understands how to challenge digital evidence and negotiate with prosecutors.

I have more than 30 years of experience defending clients accused of sex-related crimes in Stamford, Norwalk, Greenwich, and across Fairfield County. My goal is always the same: protect your rights, minimize damage to your future, and find the best possible resolution.

Frequently Asked QuestionsIs This the Same as “Revenge Porn”?

Yes. Connecticut’s dissemination statute covers situations where private images are shared without consent, often after a breakup or dispute.

Can I Be Charged if I Only Sent the Images to One Person?

Yes. Even sharing with one individual qualifies as dissemination under the law.

Do I Have to Be the One Who Took the Photo?

No. You can still be charged if you share an image that someone else created.

What if I Deleted the Image Immediately?

Deleting it later does not undo the fact that it was shared. The crime occurs at the moment of dissemination.

Do All Convictions Require Sex Offender Registration?

In most cases, yes. Registration is one of the harshest consequences of a conviction.

Can these cases be dismissed?

Yes, depending on the facts. Weak evidence, lack of intent, or negotiation can sometimes result in dismissal or reduction.

What if My Account Was Hacked?

If evidence shows your phone, email, or social media account was hacked, that can form the basis of a strong defense.

Does Intent Matter?

Yes. The State must prove you knowingly disseminated the images without consent.

Will This Affect Immigration Status?

Yes. Non-citizens convicted under this law may face deportation or denial of visas.

How Can Your Office Help Me?

I defend dissemination cases by challenging the digital evidence, raising all available defenses, and fighting to protect your future.

Take the Next Step

If you are facing charges under CGS § 53a-189a, the consequences are too serious to handle alone. A single mistake can follow you for the rest of your life.

📞 Call Allan F. Friedman Criminal Lawyer at (203) 357-5555 or contact us online for a confidential consultation.

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