Distribution of Child Pornography in MA
Beyond merely sending such material to another person(s), the distribution of child pornography includes using peer-to-peer networks, privately printing images, saving the material to a disc or thumb drive, or storing the material in a separate area on a computer hard drive. Defense for this charge requires proving that the accused knew the material being distributed and plausibly explaining why the material was stored where it was found. Punishment for being found guilty of distributing child pornography can include imprisonment from 5-20 years and required registration as a sex offender.
Receipt of Child Pornography
Receipt of child pornography carries a potential punishment of imprisonment from five to twenty years and required registration as a sex offender.
Production of Child Pornography
Due to the interstate nature of many child pornography cases, it is likely that a production of child pornography charge will be heard in a federal court, with serious potential punishments. If you have been charged with production of child pornography, it is critical to contact an attorney to ensure the fairest possible trial.
Sexual Solicitation & Importuning
A charge of sexual solicitation and importuning means that a person is being charged with communicating sexually with someone under the age of 18 online. This illegal behavior includes merely communicating or chatting about a potential meeting; an actual meeting in person may elicit even harsher charges. Defending against such charges requires investigating potential entrapment. Potential punishment for sexual solicitation and importuning includes prison time and required registration as a sex offender.
Obscenity & Obscene Materials
Although the definition of obscenity varies, a matter will be considered legally “obscene” if taken as a whole it satisfies the following three requirements:
(1) it appeals to the prurient interest of the average person, applying the contemporary standards of the county where the offense was committed;
(2) it depicts or describes sexual conduct in a patently offensive way; and
(3) it lacks serious literary, artistic, political or scientific value.
Violations of Sexual Registration Requirements
Once convicted of a sex offense, a person typically must register as a sex offender. This can entail potential limitations on where one can live, computer use, medical treatment, travel, interactions with children, and public notification of one’s status. With such limitations, it’s possible for a person to breach the restrictions and face potential additional charges. A strong defense can help point out if a person needs additional treatment or might have a simple explanation for why the charge has been filed.
Once convicted of a sexual offense, a person typically must register as a sex offender. Registering can result in limitations on where the individual can live, as well as his interactions with children, computer use, medical treatment, and travel. Along with restrictions on residence and travel, registration may also result in public notification of the individual’s status as a sex offender, depending upon his classification level. With such limitations, it is possible for a sex offender to breach the restrictions and face potential additional charges. However, a strong defense can help identify whether a person needs additional treatment or has a simple explanation for why the charge has been filed.
Child Enticement & Exploitation
Child enticement and exploitation entails behavior by an adult who tries to initiate sexual activity or a sexual relationship with a child, usually via contact online—particularly through social networking sites, chat rooms, bulletin boards, instant messaging, and email. Conviction of these charges includes extensive prison time.