Dissemination or Possession of Obscene Matter
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:
- The defendant either:
- Disseminated material; or
- Possessed material, intending to disseminate it;
- 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
- 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:
- Had actual knowledge of the contents; or
- Had a duty to inquire further into the contents due to the circumstances.
There are various defenses available under this law, including that:
- The defendant was a bona fide school
- The defendant was a museum
- The defendant was a library
- 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.
Massachusetts Criminal Defense Lawyer
Stephen Neyman is a criminal defense attorney who represents persons accused of dissemination or possession of obscene matter in Massachusetts. He is by far one of the most experienced criminal lawyers in the state, with more than 20 years of experience and a long history of success. Attorney Neyman is well-respected in courts throughout Massachusetts, including all district and superior courts and the federal courts. He represents a diverse range of clients and handles all types of criminal matters.
Stephen Neyman is the lawyer that you can count on to resolve your case in the best way possible. Attorney Neyman's clients value him for this expertise as well as his truthful and direct character, his approachability, and his commitment to keeping them informed. He takes great care to ensure that his clients are satisfied with his work and fully aware of how their cases are unfolding. His qualifications coupled with these features make him an excellent defense attorney.
Law Offices of Stephen Neyman, P.C. (617) 263 6800
The Law Offices of Stephen Neyman, P.C., located in Boston, represents clients from all over Massachusetts. If you would like to speak with Attorney Neyman, call (617) 263 6800. You can also contact him by sending an e-mail. No matter what time you call, he will respond to you promptly. He ensures that prospective and current clients are able to reach his office 24 hours a day and 7 days a week, so do not delay.
Charges of Distributing Obscene Matter do not Issue after Clerk Magistrate Hearing
In February of this year Boston, Massachusetts police responded to a call from a domestic assault at a local apartment. They met up with the defendant who had been assaulted by his girlfriend. The man spoke with the police and after complaining of the assault admitted to distributing snapchat videos of the woman. His statement resulted in him being charged with a violation of G.L. c. 272 Section 29, distributing obscene material. This is a felony in Massachusetts. A clerk magistrate hearing was scheduled for today. Our office was able to get this charge dismissed.
Read More in Dissemination or Possession of Obscene Matter
Charges of Secretly Videotaping Person Partially Nude Against College Student Dismissed
Malden District Court: The prosecution alleged that the defendant, a college student secretly placed a video recording device in a room where he expected females to change their clothes. For a period of time the device captured women in a state of partial nudity. One of the women learned that she had been videotaped while undressed. She called the police and an investigation commenced. Several victims were located during the investigation. Several people saw the recordings and recognized the women as well. The defendant was confronted by the police and admitted to the activity. Today, Attorney Neyman succeeded in getting the case dismissed.
Charges of dissemination of obscene matter dismissed
Newburyport District Court: It was alleged that our client, an Arizona Sunday school teacher, had disseminated obscene matter by dancing nude at a Rowley nightclub which was not a licensed strip club. It was alleged that police and officers from the Alcoholic Beverages Control Commission witnessed the performances while conducting an undercover investigation. Today, Denise Dolan of our office was able to get the charges dismissed on court costs.