Connecticut General Statutes § 53a-196e – Possessing Child Sexual Abuse Material in the Second Degree

What the Law Says

Under Connecticut General Statutes (C.G.S.) § 53a-196e, it is a crime to knowingly possess child sexual abuse material (CSAM) in the second degree.

The statute applies when a person:

• Knowingly possesses at least 50 but fewer than 100 visual depictions of a minor under 16 years old engaged in sexually explicit conduct.
• The material may be digital (phones, computers, storage devices), shared via messaging or social media, or physical (photographs, DVDs, printed material).
• Importantly, the law does not require proof that the defendant created or distributed the material — possession alone is enough for prosecution.

Classification and Penalties

Possession of Child Sexual Abuse Material in the Second Degree is a Class C felony in Connecticut.

If convicted, penalties include:

• 2-year mandatory minimum in prison
• Up to 10 years in prison total
• Fines up to $10,000
• Probation with strict conditions (such as sex offender treatment, restrictions on internet use, electronic monitoring)
• Mandatory sex offender registration — often the most damaging long-term consequence, affecting housing, employment, and reputation
• The number of images or files plays a central role in how these cases are charged:
• First Degree (§ 53a-196d): 100 or more depictions, or aggravated factors (repeat offender, child under 12, sadomasochistic images, etc.)
• Second Degree (§ 53a-196e): Between 50 and 100 depictions
• Third Degree (§ 53a-196f): Fewer than 50 depictions

Example Scenarios Example 1: Peer-to-Peer File Sharing Gone Wrong

A 20-year-old college student installs a peer-to-peer file sharing program to download movies. Unknown to him, some of the files contain CSAM. Police track the downloads through his IP address and execute a warrant. Investigators found 72 illegal images. He is charged under § 53a-196e (Second Degree) because the number of images falls between 50 and 100.

Example 2: Shared Family Computer

Police seize a family computer and find 55 explicit images of minors under 16. Because the father’s account was the primary user account, he is charged under § 53a-196e. His defense team argues multiple family members, including teens, had access, raising doubt about knowledge and control.

Example 3: Cell Phone Investigation

During an unrelated arrest, police seize a man’s smartphone. A forensic search reveals 88 files hidden in a vault app. He is charged with Possession in the Second Degree because the total is fewer than 100 but more than 50.

Example 4: Printed Photographs An individual is found with an envelope containing 60 photographs of minors engaged in sexually explicit conduct. Even without electronic storage, possession of more than 50 images brings the case under Second Degree.

Example 5: Teenage Relationship

A 19-year-old exchanges explicit photos with his 15-year-old girlfriend. When police investigate, they discover 53 stored images on his phone. Even though the relationship was consensual, the possession of over 50 images leads to a Second Degree felony charge.

Related Offenses

• C.G.S. § 53a-196d – Possessing Child Sexual Abuse Material in the First Degree (100+ depictions, aggravated circumstances, or repeat offenders)
• C.G.S. § 53a-196f – Possessing Child Sexual Abuse Material in the Third Degree (fewer than 50 depictions)
• C.G.S. § 53-21 – Risk of Injury to a Minor
• C.G.S. § 53a-90a – Online Enticement of a Minor
• Federal child exploitation statutes (can apply in interstate or online distribution cases)

Defending Against § 53a-196e Charges

Defense strategies may include:

• Lack of knowledge: Arguing the defendant didn’t know the files existed (auto-downloads, cached images).
• Shared device access: Demonstrating others could have placed the files on the device.
• Image classification disputes: Challenging whether certain images meet the statutory definition of CSAM.
• Search and seizure violations: Suppressing evidence obtained through overbroad or unlawful warrants.

Frequently Asked Questions About § 53a-196e 1. How many images trigger a Second Degree charge?

Between 50 and 100 depictions of minors under 16.

2. What if There Are Fewer Than 50 Images?

That falls under Third Degree (§ 53a-196f), which is still a felony but carries lesser penalties.

3. What if There Are 100 or More Images?

That escalates to First Degree (§ 53a-196d), a Class B felony with harsher penalties.

4. Is There a Mandatory Minimum Sentence?

Yes. Second Degree carries a 2-year mandatory minimum prison sentence.

5. Will I Have to Register as a Sex Offender if Convicted?

Yes. Registration is mandatory and often lifelong.

Take the Next Step

Being charged with Possessing Child Sexual Abuse Material in the Second Degree (C.G.S. § 53a-196e) is extremely serious. With a 2-year mandatory minimum prison sentence, mandatory sex offender registration, and lasting collateral consequences, you need experienced legal representation immediately.

📞 Call Allan F. Friedman, Criminal Lawyer, at (203) 357-5555 or contact me through my contact page for a confidential consultation.