The legal definition of Commercial Sexual Abuse of a Minor provided by Connecticut General Statutes (C.G.S.) §53a-83b does not explicitly state that a defendant’s lack of knowledge about the age of a person from whom they sought commercial sexual activity can be used as an affirmative defense against prosecution. However, based on what other sections of the Connecticut Penal Code have to say about broadly similar offenses, there are some conclusions to be drawn that can be helpful to understanding knowledge of age in Connecticut Commercial Sex Abuse claims, as a member of our legal team can explain in more detail.
C.G.S. §53a-83b specifically pertains to the solicitation of sexual activity directly from a minor or indirectly from an affiliated third party in exchange for something of value. C.G.S. §§53a-196b and 53a-196i respectively address Promoting a Minor in an Obscene Performance and Commercial Sexual Exploitation of a Minor, both of which involve deriving financial benefit from advertising commercial sexual activity involving a minor in some way.
Someone can only be convicted under §53a-196b if they knowingly promoted a performance involving a minor, which is defined in the statute as either having direct knowledge of that minor’s age or being in circumstances where it would be reasonable to presume the minor’s age. Under §53a-196i, it is expressly not an affirmative defense to claim ignorance of the age of the minor being advertised, but it is an affirmative defense to have checked the minor’s age through a government-issued form of identification which was unknowingly falsified and to have retained a copy or other record of that documentation to present to police later on.
So, what effect does this kind of precedent have on how courts approach knowledge of age during Commercial Sexual Abuse of a Minor cases? Broadly speaking, it leads courts to presume that when someone has a reasonable opportunity to confirm that someone with whom they intend to engage in commercial sexual activity is over the age of 18, it can be inferred that said person reasonably should have known that the other party might not be 18 based on things like refusal to show ID, physical appearance, and other factors.
However, this is inherently a subjective matter since this defense is not directly addressed in the section of the Connecticut Penal Code directly concerning the solicitation of sexual activity with a minor as opposed to the promotion of it.
It may be possible for a defense attorney from Mark Sherman Law to incorporate a genuine lack of knowledge about another person’s age into a defense against Commercial Sexual Abuse of a Minor charges. Call today to discuss your options, or read verified reviews from past clients by visiting our Avvo.com profile here.
