Massachusetts Child Pornography Laws

Possession: MGL c.272, s.29C

Dissemination/Distribution: MGL c.272, s.29B:

Creating child pornography: MGL c.272, s.29A

Possession: Knowingly possessing visual or printed matter depicting a minor engaged in sexually explicit conduct. .

Distribution: With "lascivious intent" knowingly and purposefully disseminating or possesing (with intent to distribute) any visual material that exhibits child nudity or sexual conduct.

Creating/allowing child pornography: With "lascivious intent," hiring, soliciting, coercing, enticing, employing, procuring, using, causing, encouraging, or knowingly permitting a child to pose or be exhibited in a state of nudity, for the purpose of representation or reproduction in any visual material, knowing or having reason to know the child is under 18 years old.

Child pornography is not protected speech covered by the First Amendment.

A person under 18 years of age

Factors that help prove "lascivious intent" may include:

• Depictions of sexual behavior, sexual relations, infamous conduct of a lustful or obscene nature, deviation from accepted customs and manners, or sexually oriented displays;
• The focal point of a visual depiction is the child’s genitalia, pubic area, or breast area of a female child;
• Whether the setting or pose of a visual depiction is generally associated with sexual activity;
• Whether the child is depicted in an unnatural pose or inappropriate attire, considering the child’s age;
• Whether the depiction denotes sexual suggestiveness or a willingness to engage in sexual activity;
• Whether the depiction is of a child engaging in or being engaged in sexual conduct, including

a) sexual intercourse,

b) unnatural sexual intercourse or bestiality;

c) masturbation;

d) sado-masochistic behavior, or

e) lewd exhibition of the genitals.

Possession: First Conviction: Up to 5 (five) years in state prison, $10,000 fine. Second Conviction: 5 ( five) year minimum mandatory state prison sentence. Third conviction carries a ten year minimum mandatory state prison sentence.

Distribution Up to 20 years in state prison, $50,000 fine or up to 3 times the economic value of gain derived from dissemination of the material.

Creating/Allowing Child Pornography: 10 years (minimum mandatory) up to 20 years in state prison
$50,000 fine.

Yes a conviction will also require you to register with the Sex Offender Registry Board.