OLR Bill Analysis

sHB 5504

AN ACT CONCERNING COMMERCIAL SEXUAL EXPLOITATION OF A MINOR.

SUMMARY:

This bill creates the class C felony of commercial sexual exploitation of a minor. A human being, and where appropriate, a public or private corporation; limited liability company; or partnership commits the crime by knowingly purchasing advertising space to advertise for a commercial sex act that includes a depiction of a minor (the bill does not define “minor” but presumably it means a person under age 18). The bill specifies that neither (1) lack of knowledge of the depicted person's age nor (2) reliance on a non-governmental representation are defenses.

It permits the accused to avoid conviction by proving he or she made a reasonable, bona fide attempt to ascertain the depicted person's age by requiring him or her to produce a government-issued identity card and keeping and producing a copy.

Class C felonies are punishable by imprisonment for up to 10 years, a fine of up to $ 10,000, or both.

EFFECTIVE DATE: October 1, 2012

DEFINITIONS

Under the bill:

1. “advertisement for a commercial sex act" or "advertisement" means an advertisement or offer in electronic or print media that includes an explicit or implicit offer for a commercial sex act to occur in this state;

2. “commercial sex act" means an act of sexual contact or intercourse for which something of value is given to, or received by, any person; and

3. “depiction”" means any photograph, film, videotape, visual material or printed material.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute

Yea

42

Nay

0

(04/02/2012)