Child pornography charges are serious charges that can result in imprisonment. Anyone facing child pornography charges needs an experienced Massachusetts child pornography attorney, whether you have been charged with posing or exhibiting a child in a state of nudity or sexual conduct or you have been charged with purchasing, possession, or disseminating child pornography.
Posing or exhibiting a child in a state of nudity or sexual conduct is a serious charge. This crime involves the following elements:
- The defendant: hired; coerced; solicited; enticed; employed; procured; used; caused; encouraged; or knowingly permitted a child under aged eighteen to pose or be exhibited in a state of nudity or sexual conduct.
- The defendant knew or should have known that the defendant was under the age of 18.
- The defendant had lascivious intent.
- The purpose of the defendant’s actions was representation or reproduction in any visual material.
In Massachusetts, individuals under the age of 18 are not viewed as incapable of consenting to the conduct described by this law. Someone convicted of this offense faces at least ten and up to twenty years imprisonment in the state prison or a fine of at least $10,000 and up to $50,000, or both.
Dissemination of child pornography is a serious criminal act. To convict a defendant of this crime, the prosecutor must prove the following elements beyond a reasonable doubt:
- The defendant disseminated pornography.
- That pornography exhibited a person under eighteen years old in a state of nudity or sexual conduct;
- The defendant knew or should have known the contents of that material.
- The defendant disseminated that material with lascivious intent. Lack of lascivious intent can be proven through evidence of a scientific, educational or medical purpose for a school, library or museum.
- The defendant intended to disseminate that material.
Again, in Massachusetts persons under the age of 18 are considered incapable of consenting to the conduct described above. Anyone convicted of this offense is facing a mandatory minimum sentence of ten years in state prison or a $10,000 fine, or both. The law also allows for a maximum prison sentence of twenty years. The maximum fine for violating this law can be up to $50,000 or three times the amount of money gained from the dissemination of the child pornography. Purchasing or possessing child pornography is another criminal offense involving child pornography. The prosecutor must prove the following elements beyond a reasonable doubt to convict a defendant of this offense:
- The defendant purchased or possessed pornographic material of a person under the age of eighteen.
Pornographic material is defined as visual material of almost any medium that, either actually or by simulation, exhibits: sexual intercourse with a person or animal; sexual contact; masturbation; lewd touching; excretion or urination in a sexual context; sexually sadistic, masochistic or sadomasochistic acts; lewd display of genitals, buttocks, pubic area or female breast;
- The defendant purchased or possessed such material knowingly;
- The defendant had knowledge of the nature or content of that material; and
- The defendant knew or reasonably should have known that the child shown in that material was under the age of eighteen.
A person convicted of this crime will face a sentence of up to five years in state prison or two and on-half years in a jail or house of correction or a fine ranging from $1,000 to $10,000, or both. If a person is convicted of this offense a second time, he or she is facing a minimum five-year state prison sentence or a fine of $5,000, or both. A third conviction for this offense carries a minimum ten-year state prison sentence or a $10,000 fine, or both. If you or a loved one is facing a child pornography charge, contact Massachusetts criminal defense attorney Daniel Cappetta today.