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Senate
SB292 / File No. 646 1
General Assembly File No. 646
February Session, 2026 Senate Bill No. 292
Senate, April 15, 2026
The Committee on Judiciary reported through SEN. WINFIELD
of the 10th Dist., Chairperson of the Committee on the part of
the Senate, that the bill ought to pass.
AN ACT CONCERNING THE DEFINITION OF "CHILD SEXUAL ABUSE
MATERIAL".
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 53a -193 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2026): 2
The following definitions are applicable to this section and sections 3
53a-194 to 53a-210, inclusive: 4
(1) Any material or performance is "obscene" if, (A) taken as a whole, 5
it predominantly appeals to the prurient interest, (B) it depicts or 6
describes in a patently offensive way a prohibited sexual act, and (C) 7
taken as a whole, it lacks serious literary, artistic, educational, political 8
or scientific value. Predominant appeal shall be judged with reference 9
to ordinary adults unless it appears from the character of the material or 10
performance or the circumstances of its dissemination to be designed 11
for some other specially susceptible audience. Whether a material or 12
performance is obscene shall be judged by ordinary adults applying 13
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contemporary community standards. In applying contemporary 14
community standards, the state of Connecticut is deemed to be the 15
community. 16
(2) Material or a performance is "obscene as to minors" if it depicts a 17
prohibited sexual act and, taken as a whole, it is harmful to minors. For 18
purposes of this subdivision: (A) "Minor" means any person less than 19
seventeen years old as used in section 53a -196 and less than sixteen 20
years old as used in sections 53a-196a and 53a-196b, and (B) "harmful to 21
minors" means that quality of any description or representation, in 22
whatever form, of a prohibited sexual act, when (i) it predominantly 23
appeals to the prurient, shameful or morbid interest of minors, (ii) it is 24
patently offensive to prevailing standards in the adult community as a 25
whole with respect to what is suitable material for minors, and (iii) taken 26
as a whole, it lacks serious literary, artistic, educational, political or 27
scientific value for minors. 28
(3) "Prohibited sexual act" means erotic fondling, nude performance, 29
sexual excitement, sado -masochistic abuse, masturbation or sexual 30
intercourse. 31
(4) "Nude performance" means the showing of the human male or 32
female genitals, pubic area or buttocks with less than a fully opaque 33
covering, or the showing of the female breast with less than a fully 34
opaque covering of any portion thereof below the top of the nipple, or 35
the depiction of covered male genitals in a discernibly turgid state in 36
any play, motion picture, dance or other exhibition performed before an 37
audience. 38
(5) "Erotic fondling" means touching a person's clothed or unclothed 39
genitals, pubic area, buttocks, or if such person is a female, breast. 40
(6) "Sexual excitement" means the condition of human male or female 41
genitals when in a state of sexual stimulation or arousal. 42
(7) "Sado-masochistic abuse" means flagellation or torture by or upon 43
a person clad in undergarments, a mask or bizarre costume, or the 44
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condition of being fettered, bound or otherwise physically restrained on 45
the part of one so clothed. 46
(8) "Masturbation" means the real or simulated touching, rubbing or 47
otherwise stimulating a person's own clothed or unclothed genitals, 48
pubic area, buttocks, or, if the person is female, breast, either by manual 49
manipulation or with an artificial instrument. 50
(9) "Sexual intercourse" means intercourse, real or simulated, 51
whether genital-genital, oral-genital, anal-genital or oral-anal, whether 52
between persons of the same or opposite sex or between a human and 53
an animal, or with an artificial genital. 54
(10) "Material" means anything tangible which is capable of being 55
used or adapted to arouse prurient, shameful or morbid interest, 56
whether through the medium of reading, observation, sound or in any 57
other manner. Undeveloped photographs, molds, printing plates, and 58
the like, may be deemed obscene notwithstanding that processing or 59
other acts may be required to make the obscenity patent or to 60
disseminate it. 61
(11) "Performance" means any play, motion picture, dance or other 62
exhibition performed before an audience. 63
(12) "Promote" means to manufacture, issue, sell, give, provide, lend, 64
mail, deliver, transfer, transmit, publish, distribute, circulate, 65
disseminate, present, exhibit, advertise, produce, direct or participate in. 66
(13) "Child sexual abuse material" means any visual depiction 67
including any photograph, film, videotape, picture or computer -68
generated image or picture, whether made or produced by electronic, 69
digital, mechanical or other means, of sexually explicit conduct, where 70
the production of such visual depiction involves the use of a person 71
under sixteen years of age , or the subject of such visual depiction 72
appears indistinguishable from a person under sixteen years of age, 73
engaging in sexually explicit conduct, provided whether the subject of 74
a visual depiction was a person under sixteen years of age at the time 75
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the visual depiction was created is a question to be decided by the trier 76
of fact. 77
(14) "Sexually explicit conduct" means actual or simulated (A) sexual 78
intercourse, including genital-genital, oral-genital, anal-genital or oral-79
anal physical contact, whether between persons of the same or opposite 80
sex, or with an artificial genital, (B) bestiality, (C) masturbation, (D) 81
sadistic or masochistic abuse, or (E) lascivious exhibition of the genitals 82
or pubic area of any person. 83
(15) "Visual depiction" includes undeveloped film and videotape and 84
data, as defined in subdivision (8) of section 53a -250, that is capable of 85
conversion into a visual image and includes encrypted data. 86
(16) A visual depiction of a subject when described as 87
"indistinguishable" means virtually indistinguishable, in that the visual 88
depiction is such that an ordinary person viewing the visual depiction 89
would conclude that the subject of the visual depiction is an actual 90
person under sixteen years of age engaging in sexually explicit conduct. 91
"Indistinguishable" is not applicable to a visual depiction that is a 92
drawing, cartoon, sculpture or painting of a person under sixteen years 93
of age. 94
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2026 53a-193
JUD Joint Favorable
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The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber thereof for any purpose. In general,
fiscal impacts are based upon a variety of informational 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 27 $ FY 28 $
Correction, Dept.; Judicial Dept.
(Probation)
GF - Potential
Cost
Minimal Minimal
Resources of the General Fund GF - Potential
Revenue Gain
Minimal Minimal
Note: GF=General Fund
Municipal Impact: None
Explanation
The bill expands the definition of “child sexual abuse material” ,
resulting 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 On average, the marginal
cost to the state for incarcerating an offender for the year is $3,3002 while
the average marginal cost for supervision in the community is less than
$6003 each year for adults and $450 each year for juveniles.
The Out Years
The annualized ongoing fiscal impact identified above would
1 Between FY 22 and FY 25, there were a total of 303 offenses recorded and $755 in fines
collected under CGS §§ 53a-196c through 53a-196h. About 80 individuals are currently
incarcerated under these statutes.
2 Inmate 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 expenses would only be realized if a unit or facility op ened.
3 Probation 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.
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continue into the future subject to the number of offenses and fines
collected.
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OLR Bill Analysis
SB 292
AN ACT CONCERNING THE DEFINITION OF "CHILD SEXUAL
ABUSE MATERIAL".
SUMMARY
This bill expands the definition of “child sexual abuse material” to
include any visual depiction in which the subject engaging in sexually
explicit content appears indistinguishable from a person under age 16.
Under the bill, “indistinguishable” means virtually indistinguishable, in
that an ordinary person viewing the visual depiction would conclude
that the subject is an actual person under age 16. It expressly excludes
drawings, cartoons, sculptures, or paintings.
By specifying that these virtually indistinguishable depictions are
child sexual abuse material, the bill subjects anyone who possesses,
imports, or transmits them to charges of (1) 1st, 2nd, or 3rd degree
possession of child sexual abuse material; (2) importation of child sexual
abuse material ; and (3) possession and transmission of child sexual
abuse material by a minor (see penalties below).
EFFECTIVE DATE: October 1, 2026
CHILD SEXUAL ABUSE MATERIAL
Under current law, “child sexual abuse material” is any visual
depiction of sexually explicit conduct involving in its production a
person under age 16 engaging in sexually explicit conduct, whether
made or produced electronically, digitally, mechanically, or by other
means. The bill expands this to include visual depictions in which the
subject is virtually indistinguishable from an actual person under age
16, but excludes cartoons, sculptures, or paintings.
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RELATED CRIMES
Under the bill, possessing, importing, or transmitt ing child sexual
abuse material with visual depictions in which the subject is virtually
indistinguishable from an actual person under age 16 can subject the
person to charges of 1st, 2nd, or 3rd degree possession of child sexual
abuse material, importation of child sexual abuse material, or
possession and transmission of child sexual abuse material by a minor
depending on the range of visual depictions and the series of images.
The penalties for these crimes are shown in the table below.
Table: Penalties for Sexual Abuse Material-Related Crimes
Child Sexual Abuse
Material-Related Crimes
Classification Penalty Minimum
Sentence
1st Degree possession
(CGS § 53a-196d)
Class B felony
One- to 20-year prison
term, up to $15,000 in
fines, or both
Five-year
minimum
2nd Degree possession
(CGS § 53a-196e)
Class C felony One- to 10-year prison
term, up to $10,000 in
fines, or both
Two-year
minimum
3rd Degree possession
(CGS § 53a-196f)
Class D felony Up to five-year prison
term, up to $5,000 in
fines, or both
One-year
minimum
Importing
(CGS § 53a-196c)
Class B felony
One- to 20-year prison
term, up to $15,000 in
fines, or both
Five-year
minimum
Possessing or transmitting by
a minor
(CGS § 53a-196h)
Class A
misdemeanor
Up to 364 days in
prison, up to $2,000 in
fines, or both
None
COMMITTEE ACTION
Judiciary Committee
Joint Favorable
Yea 41 Nay 0 (03/30/2026)