Internet Sex Crimes

Massachusetts prosecutes internet sex crimes under multiple statutes covering online enticement, harmful material distribution, non-consensual image sharing, and sexting involving minors.

‍Enticement of a Child Under 16
- Using electronic communications to lure, solicit, or entice someone believed to be under 16 to meet for sexual purposes
- Applies even when the “child” is actually an undercover law enforcement officer
- Specific intent to commit an underlying sex offense must be proven
- Up to 5 years state prison or 2.5 years house of correction
- Fine up to $5,000Mandatory sex offender registration upon convictionCannot be continued without a finding (CWOF)

‍Disseminating Harmful Matter to a Minor
- Sending sexually explicit material TO a person known or believed to be under 18
- Includes electronic communications such as text messages, emails, social media, and apps
- Must prove defendant specifically intended to direct communication to a minor
- First offense: Up to 5 years state prison or 2.5 years house of correction, $1,000-$10,000 fine
- Second offense: $5,000-$20,000 fineThird or subsequent offense: $10,000-$30,000 fine
- Cannot be continued without a finding or placed on fileParental/guardian relationship is a defense

‍Non-Consensual Image Distribution (Revenge Porn)
- New law effective September 18, 2024Distributing nude, partially nude, or sexual images without consent causing harmIncludes “deepfake” digitally altered images
- Must prove intent to harm OR reckless disregard for harm, lack of consent, and privacy expectation
- First offense: Up to 2.5 years house of correction, fine up to $10,000
- Second or subsequent offense: Up to 10 years state prison, fine up to $15,000
- Victim may also obtain harassment prevention order

‍Sexting Charges Involving Minors
- 2024 law created new framework specifically for minors sharing explicit images
- Juveniles possessing, purchasing, or sharing explicit images of other minors
- Mandatory referral to Attorney General’s Youth Diversion Program before arraignment
- Educational program addressing legal and non-legal consequences
- District Attorney may petition for criminal charges in extreme cases
- Adults sharing images with minors face child pornography charges
- Self-images can still trigger charges if shared

‍Online Solicitation and Communication Offenses
- Using electronic devices to arrange sexual contact with minors
- Criminal harassment via electronic communications
- Annoying or harassing telephone calls or electronic communications
- Pattern of conduct causing substantial emotional distress
- Various penalties depending on specific conduct and victim age

Internet sex crime convictions carry serious penalties that extend far beyond incarceration. Sentences range from 2.5 years in a house of correction to 10 or more years in state prison depending on the specific charge and prior record. Fines can reach $30,000 or more for repeat offenses.

Sex offender registration is mandatory for most internet sex crime convictions. Registration requirements can last for life and include public notification, GPS monitoring, and residential restrictions. These collateral consequences affect employment, housing, education, and family relationships.

The digital nature of these charges creates additional complications. Electronic evidence can be preserved indefinitely, shared widely, and surface unexpectedly in background checks. With experienced legal representation, outcomes vary significantly depending on the evidence, the specific charges, and the defense strategy employed.

Internet sex crime cases often present strong defense opportunities due to the technical nature of electronic evidence and the specific intent requirements in Massachusetts law.

‍Lack of Knowledge or Intent Many internet sex crime statutes require proof that the defendant knew the recipient was a minor or specifically intended to commit an underlying offense. Evidence of misrepresentation about age or lack of specific intent can be powerful defenses.

‍Entrapment Law enforcement sting operations must follow constitutional limits. If officers induced someone to commit an offense they would not otherwise have committed, entrapment may apply. This defense examines whether the criminal intent originated with the defendant or with law enforcement.

‍Constitutional Violations Fourth Amendment protections apply to electronic devices and communications. Warrantless searches of computers, phones, or accounts may result in evidence suppression. Chain of custody issues with digital evidence can also undermine the prosecution’s case.

‍Identity and Attribution Proving who actually sent a message or possessed material on a shared device requires more than showing the content existed. IP addresses, shared computers, multiple users, and hacking all create reasonable doubt about attribution.

‍Insufficient Evidence of Content The prosecution must prove the material meets the legal definitions. Not all explicit content qualifies as “harmful to minors” or triggers criminal liability. The specific content matters to the charges.

‍Statutory Exceptions Certain statutes include exceptions for parental relationships, educational purposes, and reporting to authorities. These affirmative defenses may apply depending on the circumstances.

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.