AN ACT CONCERNING COMMERCIAL SEXUAL EXPLOITATION OF A MINOR.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2012) (a) For the purposes of this section:

(1) "Advertisement for a commercial sex act" or "advertisement" means any advertisement or offer in electronic or print media which includes an explicit or implicit offer for a commercial sex act to occur in this state;

(2) "Agent" means a director, officer, employee or other person authorized to act on behalf of a corporation, a manager of a limited liability company, a member of an unincorporated association or a partner in a partnership;

(3) "Commercial sex act" means any act of sexual contact, as defined in section 53a-65 of the general statutes, or sexual intercourse, as defined in section 53a-65 of the general statutes, for which something of value is given to or received by any person;

(4) "Depiction" means any photograph, film, videotape, visual material or printed material;

(5) "High managerial agent" means an agent of a corporation, limited liability company, unincorporated association or partnership having duties of such responsibility that the agent's conduct may fairly be assumed to represent the policy of the corporation, limited liability company, unincorporated association or partnership; and

(6) "Person" has the meaning provided in section 53a-3 of the general statutes, but does not include a government or a governmental instrumentality.

(b) A person is guilty of commercial sexual exploitation of a minor when such person knowingly publishes, disseminates or displays, or causes directly or indirectly to be published, disseminated or displayed, any advertisement for a commercial sex act which includes a depiction of a minor.

(c) A public or private corporation, a limited liability company, an unincorporated association or a partnership may be convicted of commercial sexual exploitation of a minor under subsection (b) of this section if the conduct constitutes a violation of subsection (b) of this section and: (1) Consists of an omission to discharge a specific duty of performance imposed by law on a public or private corporation, a limited liability company, an unincorporated association or a partnership; (2) is engaged in, authorized, solicited, requested, commanded or tolerated by a high managerial agent acting within the scope of the high managerial agent's office or employment; or (3) is engaged in by an agent acting within the scope of the agent's office or employment.

(d) (1) In any prosecution for an offense under this section, it shall not be a defense that the defendant (A) did not know the age of the person depicted in the advertisement, (B) relied on an oral or written representation of the age of the person depicted in the advertisement, or (C) relied on the apparent age of the person depicted in the advertisement.

(2) In any prosecution for an offense under this section, it shall be an affirmative defense that the defendant, prior to publication, dissemination or display of the advertisement, made a reasonable bona fide attempt to ascertain the true age of the person depicted in the advertisement by requiring the person depicted in the advertisement to produce a driver's license, marriage license, birth certificate or other government-issued or school-issued identity card that identifies the age of the person, provided the defendant retains and produces a copy or other record of the license, certificate or identity card used to ascertain the age of the person depicted in the advertisement.

(e) Commercial sexual exploitation of a minor is a class C felony.

Statement of Purpose:

To establish a crime of commercial sexual exploitation of a minor under which a person may be guilty if such person knowingly publishes, disseminates or displays an advertisement for a commercial sex act which is to take place in this state and includes a depiction of a minor without first ascertaining the true age of the person depicted in the advertisement.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]