Child Pornography Defense

Massachusetts law establishes three distinct child pornography offenses based on the nature of the conduct, each carrying different elements and penalties. This page addresses Massachusetts state charges only.

‍Possession of Child Pornography
- Knowingly purchasing or possessing visual material depicting a child under 18 in sexual conduct or nudity
- Prosecution must prove defendant knew the contents of the material
- “Visual material” includes photographs, films, videos, digital images, and other reproductions
- Material must depict sexual conduct or lewd exhibition - simple nudity alone may not be sufficient
- Knowledge requirement is critical element - prosecution must prove defendant knew what the images contained
- Includes material on computers, phones, storage devices, and cloud accounts
- Unopened files on a computer can still support possession charge if prosecution proves intent

‍Dissemination of Child Pornography
- Distributing or possessing with intent to distribute visual material depicting a child under 18
- Requires proof of “lascivious intent” - sexual or prurient purpose
- Includes sharing through email, file-sharing networks, social media, or any other meansIntent to distribute can be proven through circumstances even without actual distribution
- No defense that the child consented to dissemination
- Carries mandatory minimum 10-year prison sentence
- Most serious charges when material is distributed for profit

‍Creation of Child Pornography (Posing a Child)
- Hiring, coercing, soliciting, employing, or permitting a child under 18 to pose in nudity or sexual conduct
- Requires knowledge or reason to know the subject is under 18
- For nudity depictions, requires “lascivious intent” - purpose of creating sexual or prurient material
- For sexual conduct depictions, no lascivious intent requirementIncludes photographing, videotaping, or creating any visual representation
- Both subsections carry mandatory minimum 10-year prison sentence
- Applies to both direct creators and those who encourage or permit the conduct
- Most severely punished child pornography offense

‍Related Charges
- Multiple charges often filed together (possession plus dissemination)
- Federal charges may also apply for interstate or internet-based conduct
- Charges may accompany other offenses such as enticement or indecent assault
- Each image or video may constitute a separate count

Child pornography charges carry severe mandatory penalties under Massachusetts state law. Understanding the penalty structure is critical when facing these charges.

‍Possession (First Offense):
- Up to 5 years in state prison, or up to 2.5 years in house of correction
- Fines from $1,000 to $10,000
- Mandatory sex offender registration

‍Possession (Second Offense):
- Mandatory minimum 5 years in state prison
- Fines from $5,000 to $20,000
- Mandatory sex offender registration

‍Possession (Third or Subsequent Offense):
- Mandatory minimum 10 years in state prison
- Fines from $10,000 to $30,000
- Mandatory sex offender registration

‍Dissemination:
- Mandatory minimum 10 years, up to 20 years in state prison
- Fines from $10,000 to $50,000, or three times economic gain
- No house of correction alternative
- Mandatory sex offender registration

‍Creation/Posing a Child:
- Mandatory minimum 10 years, up to 20 years in state prison
- Fines from $10,000 to $50,000
- No house of correction alternative
- Mandatory sex offender registration

These consequences are severe and life-altering. Mandatory minimum sentences mean the court has no discretion to impose lesser sentences. With experienced legal representation, outcomes depend on challenging the prosecution’s evidence, establishing viable defenses, and protecting constitutional rights.

‍Sex Offender Registration: All child pornography convictions require registration with the Massachusetts Sex Offender Registry Board (SORB). Classification levels range from Level 1 to Level 3, with Level 2 and Level 3 information publicly available.

Defense strategies in child pornography cases focus on challenging the prosecution’s evidence and establishing reasonable doubt. Common defense approaches include:

‍Lack of Knowledge: The prosecution must prove the defendant knew the contents of the material. If material was received unknowingly, downloaded automatically, or accessed without awareness of its contents, this element may not be proven.

‍Lack of Possession or Control: Possession requires the ability to exercise control over the material. Shared computers, hacked accounts, malware, or unauthorized access by others may establish that the defendant did not possess the material.

‍Fourth Amendment Violations: Many cases begin with search warrants for computers and electronic devices. Challenging the validity of search warrants, the scope of searches, or the seizure of evidence can result in suppression of evidence.

‍Insufficient Evidence of Age: The prosecution must prove the depicted individual was under 18. If age cannot be determined from the material, expert testimony may be required and can be challenged.

‍Insufficient Evidence of Content: Material must depict sexual conduct or lewd exhibition. Simple nudity or non-sexual images may not meet the statutory definition.

‍Bona Fide Purpose Defense (Dissemination): Massachusetts law provides that dissemination for legitimate scientific, medical, or educational purposes for a school, museum, or library may establish lack of lascivious intent.

Every case is different. What works depends entirely on your specific facts, your evidence, and your circumstances. Early investigation, preservation of evidence, and experienced legal representation make the difference between favorable outcomes and worst-case scenarios.

Don't face this alone — contact us today for a confidential consultation to discuss your case and explore your defense options.