Crimes involving child pornography are governed by Massachusetts General Laws Chapter 272 Section 29.Posing or Exhibiting a Child in a State of Nudity or Sexual Conduct
Section 29A prohibits posing or exhibiting a child in a state of nudity or sexual conduct. In other words, this section makes it a crime to create child pornography in any one of a number of different ways, including by encouragement, coercion, or employment. To be convicted of this crime, it must be proven that the defendant: had knowledge that the victim was under 18; had lascivious intent; and intended to create or reproduce visual material. This crime carries a 10-year mandatory minimum sentence (or a mandatory minimum $10,000 fine), and you could be facing up to 20 years in state prison.Dissemination (Distribution) of Child Pornography
Section 29B makes it a crime to disseminate (distribute) child pornography. In addition to the dissemination element, this crime requires that the prosecutor prove beyond a reasonable doubt that the defendant exhibited a minor in a state of sexual conduct or nudity, had lascivious intent, acted intentionally, and knew (or should have known) about the substance of the material. This offense carries a 10-year or $10,000 mandatory minimum, and the sentence may reach up to 20 years or more than $50,000.Purchase or Possession of Child Pornography
Section 29C prohibits purchasing or possessing child pornography. This includes visual material of almost any form that shows a minor engaging in sexual acts or touching or contains a lewd display of a minor’s private parts. Furthermore, the prosecutor will have to prove that the defendant knew that the person in the material was a minor, purchased or possessed the material with knowledge, and had knowledge of the character of the material. A first conviction of this crime carries a potential punishment of up to 5 years in state prison (or 2 ½ years in jail) and/or a fine of up to $10,000.Child Pornography Attorney in Boston
Child pornography charges are taken very seriously because they involve child sexual abuse and victimization. Robert J. Wheeler, Jr. is criminal defense attorney who has been successfully defending individuals in Boston and throughout Massachusetts for more than two decades. No matter what charge you face, Attorney Wheeler will fight aggressively from start to finish. If you would like to speak with him, call the Law Office of Robert J. Wheeler, Jr. at (617) 973 5858 or click here to send an e-mail.