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Connecticut Criminal Defense Law Blog

Elements of a child pornography conviction

Connecticut law outlines three different elements that must be true about a defendant before the jury finds him or her guilty of possessing child pornography. The state must first prove that the person actually possessed images that qualify as child pornography. The definition of child pornography for these purposes is any videotape, film, photograph, picture or computer-generated image produced in any manner that depicts sexually explicit conduct with a child under the age of 16. This includes any type of intercourse, bestiality, masochistic or sadistic abuse, masturbation or exhibition of the pubic area or genitals of any person in a lascivious manner.

For someone to be convicted under this law, the child depicted in the image must be a real person, which means that artistic depictions of fictional characters do not count as child pornography. It must also be proven that the defendant had physical possession or other control over the image.

What are the penalties for marijuana charges in Connecticut?

Connecticut law provides for a range of penalties for the possession, intent to distribute, and distribution or cultivation of marijuana paraphernalia and marijuana. Some of these offenses have mandatory minimum sentences. For possession of less than 0.5 ounces of marijuana, a defendant may be ordered to pay $150 the first time or $200 to $500 subsequent times. First-time defendants could be sentenced to pay $1,000 and imprisonment for up to one year for possession of 0.5 to 4 ounces. These penalties might rise to $3,000 and five years imprisonment for subsequent convictions. For possession of larger quantities of marijuana, first-time defendants face up to $2,000 in fines and imprisonment for up to five years, while further convictions have higher consequences.

For paraphernalia-related convictions, possession or distribution with intent to cultivate or use less than 0.5 ounces may result in a $100 to $300 fine. A first-time conviction for possession with intent to cultivate, distribute or use more than 0.5 ounces may lead to paying up to $500 or imprisonment for as long as three months. Convicted defendants of possession with intent to distribute or distribution may face a $2,000 fine and as long as one year in prison.

Statutory rape in Connecticut

Statutory rape is a criminal offense in Connecticut, and no exception exists under the law in the event that a parent allows their minor child to engage in a sexual relationship. The state defines statutory rape as intercourse between a minor between the ages of 13 and 16 and a person who is more than three years older. In the case of a person who is under the age of 13, their partner can be found guilty of statutory rape if they are at least two years older.

Parents may not alleviate their child's criminal liability by consenting to such a sexual relationship. In fact, parents who allow the sexual relationship to occur may be found guilty of causing risk or injury to the child. The crime is a felony, and people sentenced under it may face up to 10 years in prison and a $10,000 fine. Parents who allow their minor children to engage in a sexual relationship if there is an age difference as outlined previously should be aware that criminal liability could result for both the child and the adult.

Connecticut man charged with drug possession following search

On Sept. 26, police took a 48-year-old Ansonia man into custody after allegedly seizing an assortment of drugs from his apartment. The man is facing multiple charges, including possession of narcotics and possession of narcotics with the intent to sell.

Furthermore, the Ansonia man is facing charges stemming from the alleged fact that his Beaver Street apartment, where police executed a search warrant, is located near a daycare facility. During the search, police purportedly seized marijuana, half a pound of cocaine, prescription medication and packing materials. Additionally, they seized approximately $1,500 in cash, authorities reported.

What is phishing?

The act of phishing occurs when a scam artist in Connecticut or another state sends an email to an individual asking for personal information. As part of the scam, the sender will claim to be or look like a legitimate website such as a bank or a government agency. The phisher will ask for information such as a credit card number, social security number or account password.

Typically, the entity asking for this information would already have it on file. In one example of a phishing scheme from 2003, an email was sent from a sender claiming to be eBay. The email claimed that unless the recipient updated their account information, the account would be terminated. An eBay fraud scheme such as this one works because making a message look like it comes from a trusted source is as easy as copying its HTML.

Connecticut school bus driver charged with DUI

Police in Connecticut claim that a Bristol woman was under the influence when she got behind the wheel of a school bus carrying 20 middle school students on Aug. 27. The incident led to a DUI charge against the woman and the termination of her employment. Questions were raised when it was revealed that the woman had been charged with drunk driving 10 years ago, but lawmakers say that the rules regarding commercial driver's license holders were tightened in January 2014.

According to police, an officer noticed the school bus being driven erratically and then followed it to a middle school in Irving. Reports suggest that the driver of the bus performed poorly during field sobriety exercises. A subsequent toxicology test allegedly discovered the woman's blood alcohol content level to be approximately three times the .08 percent limit.

Connecticut police search home and detain man

A 23-year-old New Haven man was recently detained by authorities on drug- and weapons-related charges. Reports say that the man had a previous conviction for being involved in a shoot-out, which occurred on July 7 in Farnam Courts. He also had an outstanding warrant for allegedly selling drugs.

Officers arrived at his apartment complex on the morning of Sept. 19, and they allegedly discovered 50 rounds of ammunition, a 30-round extended magazine, 3.5 grams of crack cocaine and approximately $5,500 in cash. They also reportedly found a pistol holder and a MAC-10 assault weapon in his bedroom. He was taken into custody, and police claim that the man allegedly admitted to investigators that he was involved in the July 7 incident.

Connecticut woman faces DUI charges in crash

According to authorities, police took a 55-year-old female motorist into custody on charges of driving under the influence after her involvement in a car accident in Glastonbury during the afternoon hours of Sept. 14. The report did not indicate if anyone else involved in the incident was injured.

The accident happened around 2:30 p.m. at Putnam Plaza on Main Street. Police who responded to the scene said that the suspect, who is from East Hartford, has a past record of driving drunk. She was taken into custody after police determined she was intoxicated while driving a vehicle that lacked an ignition interlock device. It was not reported if police gave the woman a field sobriety test, nor were details such as the woman's blood alcohol level revealed.

Alleged assault in Connecticut results in charges against 4

A Connecticut woman was taken into police custody on Sept. 11 after a roommate called the police claiming that she had been attacked. According to the report, the woman was accused of using a screwdriver to allegedly cut the roommate's left hand.

The roommate claimed that the assault was started because of unpaid rent and rumors that they were going to be evicted. She claimed that the accused woman and a friend approached her and began to fight with her until her husband stepped in to separate the two parties. While the woman was being treated for her injuries, the accused woman and her friend reportedly went to the police.

2 school bus drivers accused of selling heroin

Police have accused two Connecticut school bus drivers of various offenses involving heroin. The 28-year-old man and 29-year-old woman were both DATTCO drivers in South Windsor who had previously passed criminal background checks. Both of the accused individuals were taken into custody on Sept. 4 after searches of their homes allegedly uncovered 270 bags of heroin and packaging materials.

The morning of the searches, police officers stopped the man as he left the woman's apartment in Manchester at about 6 a.m. Police allegedly found the man to be in possession of a firearm at the time. Since the woman's three children were found in her apartment, both bus drivers were charged for three counts of risk of injury to a minor. They were also charged for drug possession, drug sales and operating a drug factory.