Massachusetts Child Pornography Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed May 22, 2025
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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’ll face criminal charges.
A Massachusetts child pornography conviction carries severe penalties, including prison time, fines, a criminal record, and registration as a sex offender.
If you’re 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.
Does Free Speech Protect Child Porn?
The First Amendment of the U.S. Constitution doesn’t apply to child pornography. It’s a form of child sexual exploitation and is illegal. There are state and federal laws against child porn, and the Commonwealth of Massachusetts takes this crime seriously.
Many current child pornography offenses involve the internet and social media. Sexting is on the rise, with lawmakers cracking down on this behavior. Your criminal defense attorney cannot raise the First Amendment as an affirmative defense to this crime.
Massachusetts Child Pornography Laws at a Glance
The following table highlights the main provisions of Massachusetts child pornography laws. See Cyber Crimes, Sex Crimes, and Crimes Against Children for more information.
Massachusetts Child Pornography Code Sections |
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What Is Prohibited? |
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Definition of a Minor in Massachusetts |
A person under 18 years of age |
Definition of "Lascivious Intent" in Massachusetts |
Factors that help prove lascivious intent may include:
|
Massachusetts Penalties for Child Pornography Crimes |
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Mandatory Sex Offender Registration |
A conviction of child porn or a related crime will result in mandatory registration with the Sex Offender Registry Board. |
Federal Child Pornography Crimes
Child pornography is also a federal crime. If the government charges you with a federal child porn crime, you’ll face charges in federal court.
Federal laws addressing child pornography include:
- 18 U.S.C. § 2251- Sexual Exploitation of Children (Production of child pornography)
- 18 U.S.C. § 2251A- Selling and Buying of Children
- 18 U.S.C. § 2252- Certain activities relating to material involving the sexual exploitation of minors (Possession, distribution, and receipt of child pornography)
- 18 U.S.C. § 2252A- Certain activities relating to material constituting or containing child pornography
- 18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States
Law Enforcement Agencies
A Sex Crime Attorney in Massachusetts Can Help
Because criminal laws can be hard to navigate, you should consult an experienced Massachusetts criminal defense attorney. They’ll help devise a strong defense and offer the legal advice you need. They’ll also negotiate with the prosecutor to dismiss or reduce the charges.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex cases usually require a lawyer
- Experienced lawyers can seek to reduce or eliminate criminal penalties
- Sexual assaults & sex crime convictions often have long sentences and lifelong consequences
Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.
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