Posing or Exhibiting a Child in a State of Nudity or Sexual Conduct

Posing or exhibiting a child in a state of nudity or sexual conduct is a crime under Massachusetts General Laws Chapter 272 Section 29A. To convict a defendant of this crime, the prosecutor must prove beyond a reasonable doubt that:

1. The defendant: (a.) hired; (b.) coerced; (c.) solicited; (d.) enticed; (e.) employed; (f.) procured; (g.) used; (h.) caused; (i.) encouraged; or (j.) knowingly permitted a child under aged eighteen to pose or be exhibited in a state of nudity or sexual conduct.
2. The defendant knew or should have known that the defendant was under the age of 18. Even if evidence proves that the victim was in fact a minor, that alone is not enough to establish that the defendant knew or should have known that fact.
3. The defendant had lascivious intent. This element is generally not satisfied where the material doesn’t show sexual behavior, suggestiveness or willingness to participate in sexual conduct and where the setting is not usually associated with such conduct. It is generally proven where the defendant admits that his actions were for sexual gratification. The defendant’s knowledge of the victim’s age is not relevant to lascivious intent.
4. The purpose of the defendant’s actions was representation or reproduction in any visual material.

Persons under the age of 18 are deemed incapable of consenting to the conduct proscribed by this law.

Depiction of nudity, by itself, is not sufficient to support a conviction under this section. If you are convicted of this offense, you face at least ten and up to twenty years imprisonment in the state prison or a fine of at least $10,000 and up to $50,000, or both.

Dissemination of Child Pornography

Dissemination of child pornography is a criminal act proscribed by Massachusetts General Laws Chapter 272 Section 29B. To convict a defendant of this crime, the prosecutor must prove beyond a reasonable doubt that:

1. The defendant disseminated pornography.
2. That pornography exhibited a person under eighteen years old in a state of nudity or sexual conduct;
3. The defendant knew or should have known the contents of that material.
4. The defendant disseminated that material with lascivious intent. Lack of lascivious intent can be proven through evidence of a scientific, educational or medical purpose for a school, library or museum.
5. The defendant intended to disseminate that material.

Persons under the age of 18 are considered incapable of consenting to the conduct prohibited by this law.

A conviction of this offense carries a mandatory minimum sentence of ten years in state prison or a $10,000 fine, or both. However, the prison sentence can reach up to twenty years, and the fine can reach $50,000 or three times the amount of money gained from the dissemination of such material (whichever amount is greater).

Purchase or Possession of Child Pornography

Massachusetts General Laws Chapter 272 Section 29C makes purchasing or possessing child pornography a criminal offense. The prosecutor must prove the following beyond a reasonable doubt to convict a defendant of this crime:

1. The defendant purchased or possessed pornographic material of a person under the age of eighteen. Pornographic material means visual material of almost any medium that, either actually or by simulation, exhibits: (a) sexual intercourse with a person or animal; (b)sexual contact; (c)masturbation; (d)lewd touching; (e)excretion or urination in a sexual context; (f)sexually sadistic, masochistic or sadomasochistic acts; (g)lewd display of genitals, buttocks, pubic area or female breast;
2. The defendant purchased or possessed such material knowingly;
3. The defendant had knowledge of the nature or content of that material; and
4. The defendant knew or reasonably should have known that the child shown in that material was under the age of eighteen.

Law enforcement officials, attorneys, court officers and licensed physicians and psychologists are exempted from this law when they possess such material pursuant to official duties. If you are convicted of this crime, you face a sentence of up to five years in state prison or two and on-half years in a jail or house of correction or a fine ranging from $1,000 to $10,000, or both. A second conviction carries a minimum five-year state prison sentence or a $5,000 fine, or both. A third conviction carries a minimum ten-year state prison sentence or a $10,000 fine, or both.

All charges involving the sexual exploitation of minors are very serious and require an experienced defense attorney. If you have been charged with this offense, call the Law Offices of Stephen Neyman at 617-263-6800 or contact us online .