Possessions of child pornography, and the distribution of it, are some of the most targeted activities for investigation by both federal and state law enforcement agencies. Of course, a person has to knowingly possess pornographic images of children to be guilty of possession, and the images have to be real (non-computer generated) images of underage persons (children) for a legitimate prosecution.
Practical problems some people encounter are learning of pornographic images that were loaded onto their sites without their knowledge, or certain images that were transferred without intent to distribute. These situations, in both pre-Indictment and post-Indictment stages, require the use of expert computer forensic services to establish facts that may not be known to investigators.
If you have been questioned about child pornography on your computer or if you believe you are being investigated for this type of computer crime, talk with an experienced defense attorney who can protect your rights and good name. Call Attorney James Powderly at (508) 343-0676 today or Click Here to Contact Us.
It is extremely important to have an experienced and knowledgeable attorney begin working on your case as early as possible. Critical issues, such as how your particular case will be filed and what charges will be leveled against you, are decided, many a time, very soon after your arrest or during the investigatory period. Early intervention gives us an opportunity to potentially reduce or dismiss either felony or misdemeanor charges against you before the first court date.
Please feel free to call for an initial FREE CONSULTATION in our office, or in the privacy and convenience of your own home, during which we can explore how best to defend and resolve your case. Our 24-hour telephone number is (508) 343-0676.
• State Prison Not Less Than Ten (10) Years But Not More Than Twenty (20) Years AND / OR Chapter 272: Section 29B.
• Fine of Not Less Than Ten Thousand ($10,000) But Not More Than Ten Thousand ($50,000) Dollars or Three (3) Times the Monetary Value of Any Economic Gain Derived From Said Dissemination, Whichever is Greater
Contact a MA Child Pornography Lawyer at (508) 343-0676 or CLICK HERE
Dissemination of visual material of child in state of nudity or sexual conduct
(a) Whoever, with lascivious intent, disseminates any visual material that contains a representation or reproduction of any posture or exhibition in a state of nudity involving the use of a child who is under eighteen years of age, knowing the contents of such visual material or having sufficient facts in his possession to have knowledge of the contents thereof, or has in his possession any such visual material knowing the contents or having sufficient facts in his possession to have knowledge of the contents thereof, with the intent to disseminate the same, shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment.
(b) Whoever with lascivious intent disseminates any visual material that contains a representation or reproduction of any act that depicts, describes, or represents sexual conduct participated or engaged in by a child who is under eighteen years of age, knowing the contents of such visual material or having sufficient facts in his possession to have knowledge of the contents thereof, or whoever has in his possession any such visual material knowing the contents or having sufficient facts in his possession to have knowledge of the contents thereof, with the intent to disseminate the same, shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment.
(c) For the purposes of this section, the determination whether the child in any visual material prohibited hereunder is under eighteen years of age may be made by the personal testimony of such child, by the testimony of a person who produced, processed, published, printed or manufactured such visual material that the child therein was known to him to be under eighteen years of age, by testimony of a person who observed the visual material, or by expert medical testimony as to the age of the child based upon the child’s physical appearance, by inspection of the visual material, or by any other method authorized by any general or special law or by any applicable rule of evidence.
(d) In a prosecution under this section, a minor shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.
(e) Pursuant to this section, proof that dissemination of any visual material that contains a representation or reproduction of sexual conduct or of any posture or exhibition in a state of nudity involving the use of a child who is under eighteen years of age was for a bona fide scientific, medical, or educational purpose for a bona fide school, museum, or library may be considered as evidence of a lack of lascivious intent.
Contact a MA Child Pornography Lawyer at (508) 343-0676 or CLICK HERE
The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

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