Dissemination or possession of obscene matter is a criminal offense under Massachusetts General Laws Chapter 272 Section 29. To be convicted of this offense, the prosecutor must prove beyond a reasonable doubt that:

1. The defendant either:
1. Disseminated material; or
2. Possessed material, intending to disseminate it;
2. That material was obscene. Material can still be obscene even if its audience of made up of consenting adults. The prosecutor is not required to present expert testimony that the material has no serious literary, artistic, scientific or political value; and
3. The defendant knew that the material was obscene. A defendant had knowledge of the material’s obscenity if he was generally aware of its character or contents. The prosecutor can prove that the defendant was aware of the contents through evidence that the defendant:
1. Had actual knowledge of the contents; or
2. Had a duty to inquire further into the contents due to the circumstances.

There are various defenses available under this law, including that:

1. The defendant was a bona fide school
2. The defendant was a museum
3. The defendant was a library
4. The defendant was an employee of a bona fide school, museum, library or retail outlet associated with or serving the purpose of a school, museum or library and was acting in the course of his employment. 

If you are convicted of this offense, you face imprisonment in the state prison for up to five years or in a jail or house of correction for up to two and one half years. You could be fined between $1,000 and $10,000, if this is your first conviction. If you are convicted of this offense for a second time, you may be fined at least $5,000 and at most $20,000. If you are convicted for a third time, you may be fined at least $10,000 and up to $30,000. You could face both the fine and imprisonment.

Open and Gross Lewdness and Lascivious Behavior

Open and gross lewdness and lascivious behavior is proscribed by Massachusetts General Laws Chapter 272 Section 16.  This type of behavior includes the deliberate exposure of buttocks, genitalia or female breasts.

To convict a defendant of this offense, the prosecutor must prove beyond a reasonable doubt that the defendant:

1. Exposed her/his buttocks, genitals or female breasts to one or more persons;
2. Did so intentionally;
3. Did so openly, meaning that he/she either intended exposure to the public or had a reckless disregard for a substantial risk of public exposure;
4. Did so in a way to produce shock or distress; and
5. Actually caused one or more persons shock or distress because of the exposure.

If you are convicted of this offense, you face imprisonment in the state prison for up to three years or in jail for up to two years or a fine of up to $300.