{"id":373940,"date":"2016-03-31T21:35:32","date_gmt":"2016-04-01T02:35:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-child-pornography-laws.html"},"modified":"2025-05-22T08:49:53","modified_gmt":"2025-05-22T13:49:53","slug":"massachusetts-child-pornography-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-child-pornography-laws.html","title":{"rendered":"Massachusetts Child Pornography Laws"},"content":{"rendered":"\n
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Massachusetts Child Pornography Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In Massachusetts, child pornography crimes fall into three categories: possession, distribution, and creating or allowing a child to engage in child pornography. If you knowingly possess child pornography, distribute it to others, or create or encourage a child to take part in child pornography, you\u2019ll face criminal charges.<\/p>\r\n

A Massachusetts child pornography<\/a> conviction carries severe penalties, including prison time, fines, a criminal record, and registration as a sex offender.<\/p>\r\n

If you\u2019re facing possession of child pornography charges or any other sex crime, you should familiarize yourself with Massachusetts law. This article breaks down these laws and explains the potential penalties. If you have questions about your child pornography case, contact a skilled Massachusetts criminal defense lawyer<\/a>.<\/p>\r\n

Does Free Speech Protect Child Porn?<\/b><\/h2>\r\n

The First Amendment of the U.S. Constitution doesn\u2019t apply to child pornography. It\u2019s a form of child sexual exploitation<\/a> and is illegal. There are state and federal laws against child porn, and the Commonwealth of Massachusetts takes this crime seriously.<\/p>\r\n

Many current child pornography offenses involve the internet and social media. Sexting is on the rise<\/a>, with lawmakers cracking down on this behavior. Your criminal defense attorney cannot raise the First Amendment as an affirmative defense to this crime.<\/p>\r\n

Massachusetts Child Pornography Laws at a Glance<\/b><\/h2>\r\n

The following table highlights the main provisions of Massachusetts child pornography laws. See Cyber Crimes<\/a>, Sex Crimes<\/a>, and Crimes Against Children<\/a> for more information.<\/p>\r\n\r\n

Massachusetts Child Pornography Code Sections<\/b><\/p>\r\n<\/th>\r\n

What Is Prohibited?<\/b><\/p>\r\n<\/th>\r\n

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  • Possession<\/b>: Knowingly possessing visual or printed matter depicting a minor engaged in sexually explicit conduct<\/li>\r\n
  • Distribution<\/b>: With "lascivious intent," knowingly and purposefully disseminating or possessing visual material that exhibits child nudity or sexual conduct.<\/li>\r\n
  • Creating\/allowing child pornography<\/b>: With "lascivious intent," hiring, soliciting, coercing, or knowingly permitting a child to pose in a state of nudity for representation or reproduction in visual material, knowing the child is under 18 years old<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Definition of a Minor in Massachusetts<\/b><\/p>\r\n<\/th>\r\n

A person under 18 years of age<\/p>\r\n<\/td>\r\n<\/tr>

Definition of "Lascivious Intent" in Massachusetts<\/b><\/p>\r\n<\/th>\r\n

Factors that help prove lascivious intent may include:<\/p>\r\n

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  • Depictions of sexual behavior, sexual relations, or infamous conduct of a lustful or obscene nature<\/li>\r\n
  • The focal point of a visual depiction is a female child\u2019s genitalia, pubic area, or breasts<\/li>\r\n
  • Whether the visual depiction is associated with sexual activity<\/li>\r\n
  • Whether the child is depicted in an unnatural pose or inappropriate attire, considering the child\u2019s age<\/li>\r\n
  • Whether the depiction denotes sexual suggestiveness or a willingness to engage in sexual contact, such as:
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    • Sexual intercourse<\/li>\r\n
    • Unnatural sexual intercourse or bestiality<\/li>\r\n
    • Masturbation<\/li>\r\n
    • Sado-masochistic behavior<\/li>\r\n
    • Lewd exhibition of the genitals<\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Massachusetts Penalties for Child Pornography Crimes<\/b><\/p>\r\n<\/th>\r\n

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  • Possession <\/b>(first conviction): Up to five years in state prison, $10,000 fine.<\/li>\r\n
  • Possession <\/b>(second conviction): <\/b>Five-year minimum mandatory state prison sentence, with a ten-year minimum mandatory state prison sentence for subsequent offenses<\/li>\r\n
  • Distribution<\/b>: Up to 20 years in state prison, a $50,000 fine, or up to three times the economic value of the gain derived from the dissemination of the obscene material<\/li>\r\n
  • Creating\/Allowing Child Pornography<\/b>: Minimum of ten years and up to 20 years in state prison and a $50,000 fine<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Mandatory Sex Offender Registration<\/b><\/p>\r\n<\/th>\r\n

A conviction of child porn or a related crime will result in mandatory registration with the Sex Offender Registry Board<\/a>.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Federal Child Pornography Crimes<\/b><\/h2>\r\n

Child pornography is also a federal crime<\/a>. If the government charges you with a federal child porn crime, you\u2019ll face charges in federal court.<\/p>\r\n

Federal laws addressing child pornography include:<\/p>\r\n