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

What Is Prohibited?
  • Possession: Knowingly possessing visual or printed matter depicting a minor engaged in sexually explicit conduct
  • Distribution: With "lascivious intent," knowingly and purposefully disseminating or possessing visual material that exhibits child nudity or sexual conduct.
  • Creating/allowing child pornography: 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

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:

  • Depictions of sexual behavior, sexual relations, or infamous conduct of a lustful or obscene nature
  • The focal point of a visual depiction is a female child’s genitalia, pubic area, or breasts
  • Whether the visual depiction is 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 contact, such as:
    • Sexual intercourse
    • Unnatural sexual intercourse or bestiality
    • Masturbation
    • Sado-masochistic behavior
    • Lewd exhibition of the genitals

Massachusetts Penalties for Child Pornography Crimes
  • Possession (first conviction): Up to five years in state prison, $10,000 fine.
  • Possession (second conviction): Five-year minimum mandatory state prison sentence, with a ten-year minimum mandatory state prison sentence for subsequent offenses
  • Distribution: 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
  • Creating/Allowing Child Pornography: Minimum of ten years and up to 20 years in state prison and a $50,000 fine

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.

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  • Sexual assaults & sex crime convictions often have long sentences and lifelong consequences

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