Child Pornography

Facing a charge of possession of child pornography in Massachusetts is a grave matter with severe legal consequences. Understanding the legal framework, potential defenses, and the importance of experienced legal representation is crucial for anyone accused of such an offense.

Understanding the Charge: Possession of Child Pornography in Massachusetts

Under Massachusetts General Laws Chapter 272, Section 29C, possession of child pornography is defined as knowingly purchasing or possessing visual material depicting a child under 18 years old engaged in sexual conduct. This statute criminalizes the mere possession of such material, regardless of intent to distribute or produce.

Elements of the Offense

To secure a conviction for possession of child pornography, the prosecution must prove four key elements beyond a reasonable doubt:

1. Knowing Possession: The defendant knowingly possessed a photograph, film, videotape, or other visual depiction.
2. Depiction of a Child: The material depicts a person under the age of 18.
3. Sexual Conduct: The child is engaged in sexual conduct as defined by the statute.
4. Knowledge of Content: The defendant knew the nature and content of the material.

Massachusetts Child Pornography Jury Instructions:

The Massachusetts Criminal Model Jury Instructions provide detailed guidance on how juries should assess cases involving possession of child pornography. These instructions ensure that jurors understand the legal standards and the specific elements that must be proven for a conviction.

1. Definition of Possession: Possession can be actual or constructive. Actual possession means having direct physical control over the item. Constructive possession implies that the defendant had the power and intention to exercise control over the material, even if it was not in their immediate physical possession.
2. Knowledge Requirement: The defendant must have known that they possessed the material and that it depicted a person under 18 engaged in sexual conduct. Mere possession without knowledge of the content is insufficient for a conviction.
3. Depiction of Sexual Conduct: The material must visually depict a child engaged in actual or simulated sexual conduct. Mere nudity is not enough to constitute child pornography under the law.
4. Age of the Person Depicted: The prosecution must prove that the person depicted was under 18 at the time the material was created. If the age is uncertain, the jury must consider whether the defendant knew or should have known that the person was a minor.

Child Pornography Penalties

A conviction for possession of child pornography carries severe penalties:

• First Offense: Imprisonment for up to 5 years in state prison or up to 2.5 years in a house of correction, and a fine ranging from $1,000 to $10,000.
• Second Offense: A mandatory minimum sentence of 5 years in state prison and a fine between $5,000 and $20,000.
• Third and Subsequent Offenses: A mandatory minimum sentence of 10 years in state prison and a fine between $10,000 and $30,000.

Additionally, individuals convicted of this offense are required to register as sex offenders, which carries lifelong implications.

Child Pornography Defenses

Mounting a robust defense against charges of possession of child pornography requires a comprehensive understanding of both the law and the specific circumstances of the case. Potential defense strategies include:

1. Lack of Knowledge: Arguing that the defendant was unaware of the presence or nature of the material. For example, unsolicited downloads or files hidden within other data could support this defense.
2. Absence of Possession: Demonstrating that the defendant did not have actual or constructive possession of the material. This could involve showing that the material was on a shared device without the defendant’s knowledge.
3. Questioning the Age of the Person Depicted: Challenging the prosecution’s evidence regarding the age of the individual in the material. If it’s not clear that the person is under 18, this element may not be satisfied.
4. Illegal Search and Seizure: Contesting the methods used by law enforcement to obtain evidence. If the evidence was acquired through a violation of the defendant’s constitutional rights, it may be suppressed.
5. Lack of Intent: Arguing that there was no intent to possess the material, such as in cases where the material was unknowingly downloaded or received.

The Importance of Child Pornography Lawyer

Given the severity of the charges and potential penalties, securing experienced legal representation is paramount. A skilled child pornography attorney in Massachusetts can:

• Assess the Evidence: Thoroughly review the prosecution’s evidence to identify weaknesses or inconsistencies.
• Develop a Defense Strategy: Craft a defense tailored to the specific facts of the case, considering all possible legal avenues.
• Negotiate with Prosecutors: Engage in discussions to potentially reduce charges or secure favorable plea agreements.
• Advocate in Court: Provide zealous representation during hearings and trials to protect the defendant’s rights.

Child Pornography Attorney

If you or someone you know is facing charges of possession of child pornography in Massachusetts, it is imperative to seek legal counsel immediately. Attorney Patrick Donovan, a former prosecutor with extensive experience in criminal defense, is committed to providing the best legal representation. Contact the Law Office of Patrick T. Donovan at (617) 479-1800 or visit www.pdonovanlaw.com for a free consultation.

MA. Child Porn FAQs