Facing child pornography charges in Massachusetts is an extremely serious matter that can have life-altering consequences. These charges carry severe penalties, including lengthy prison sentences, hefty fines, and mandatory registration as a sex offender. If you or a loved one is under investigation or has been charged, it’s crucial to seek immediate legal representation.
At Riccio Law, Attorney Anthony Riccio understands the gravity of these charges and is dedicated to providing an aggressive defense to protect your rights and future.
Call us today for a free consultation
Understanding Child Pornography Laws in Massachusetts
Massachusetts imposes strict laws against child pornography offenses to protect minors. Understanding these laws is essential in mounting an effective defense.
Disseminating Obscene Matter to a Minor
Under MGL c. 272 § 28, it is illegal to disseminate or intend to disseminate material deemed harmful to minors. Dissemination includes importing, publishing, producing, printing, manufacturing, distributing, selling, leasing, exhibiting, or displaying such material.
Key Points:
- Harmful to minors refers to obscene material that depicts nudity or sexual content intended to sexually arouse the viewer.
- The material lacks serious artistic, literary, political, or scientific value.
- Penalties:
- Up to 5 years in state prison or 2.5 years in a jail or house of correction.
- Fines up to $10,000 for the first offense, escalating with subsequent offenses.
Dissemination of Visual Material of a Child in a State of Nudity or Sexual Conduct
According to MGL c. 272 § 29, it is a crime to disseminate visual material depicting persons under 18 years old in a state of nudity or engaged in sexual conduct.
Important Aspects:
- Lascivious intent is required, meaning the act was intended for sexual arousal or gratification.
- Defenses may include dissemination for legitimate medical, scientific, or educational purposes.
- Penalties:
- Minimum of 10 years and up to 20 years in prison.
- Fines between $10,000 and $50,000, or triple the amount made from disseminating the material.
Knowingly Purchasing or Possessing Visual Material of a Child Depicted in Sexual Conduct
Under MGL c. 272 § 29C, knowingly purchasing or possessing child pornography is illegal.
Details:
- Includes magazines, films, slides, books, negatives, videotapes, photographs, or digital images.
- Penalties for the first offense:
- Up to 5 years in state prison or 2.5 years in a jail or house of correction.
- Fines between $1,000 and $10,000.
- Increased penalties for subsequent offenses.
Penalties for Child Pornography Crimes
Being convicted of a child pornography offense can result in:
- Incarceration: Lengthy prison sentences, often with mandatory minimums.
- Fines: Substantial financial penalties.
- Sex Offender Registration: Mandatory registration with the Sex Offender Registry Board, which is public record.
- Social Consequences: Damage to personal relationships, employment opportunities, and reputation.
These severe penalties underscore the importance of a strong legal defense.
Defenses Against Child Pornography Charges
To secure a conviction, the prosecution must prove certain elements beyond a reasonable doubt. Possible defenses include:
Material Does Not Meet the Legal Definition of Child Pornography
- Arguing that the material does not legally constitute child pornography.
- Demonstrating that the person depicted is over 18.
- Showing that the material has legitimate artistic, literary, educational, or scientific value.
Unknown or Unintended Possession
- The defendant was unaware of possessing the material.
- The material was received unknowingly (e.g., unsolicited emails or downloads).
Lack of Lascivious Intent
- The defendant did not have lascivious intent.
- The material was shared for non-sexual purposes (e.g., medical concerns, family photos).
An experienced attorney can identify the best defense strategy based on the specifics of your case.
Why Choose Riccio Law
Attorney Anthony Riccio brings extensive experience in criminal defense, with a focus on serious felony charges.
- Personalized Attention: Every case receives dedicated, individualized attention.
- Aggressive Defense: Committed to challenging the prosecution’s evidence and protecting your rights.
- Proven Results: A track record of successful outcomes in complex criminal cases.
Choosing the right attorney can make a significant difference in the outcome of your case.
How Riccio Law Can Help
At Riccio Law, we offer comprehensive legal representation:
- Case Evaluation: Thoroughly reviewing all evidence and identifying weaknesses in the prosecution’s case.
- Defense Strategy: Crafting a defense tailored to your situation.
- Negotiation: Engaging with prosecutors to seek reduced charges or alternative sentencing.
- Courtroom Advocacy: Vigorously defending you at trial if necessary.
Your future is our priority.
Schedule a free consultation today
Frequently Asked Questions
What should I do if I am under investigation for child pornography charges?
Do not speak to law enforcement without an attorney present. Contact Riccio Law immediately to protect your rights.
Will I have to register as a sex offender if convicted?
Yes, a conviction typically requires registration with the Sex Offender Registry Board, which can have long-term impacts on your life.
Can charges be dropped if I didn’t know the material was illegal?
Lack of knowledge can be a defense. An experienced attorney can assess your case and determine the best approach.
How much does it cost to hire Riccio Law?
We offer a free initial consultation to discuss your case and fees. Our goal is to provide effective representation at a reasonable cost.
What are the potential penalties for child pornography crimes in Massachusetts?
Penalties vary based on the specific offense and number of prior convictions but can include significant prison time, hefty fines, and mandatory sex offender registration.
Can I keep my charges confidential?
Attorney-client privilege ensures that your communications with Riccio Law remain confidential, providing you with a safe space to discuss your case openly.
Contact Riccio Law Today
Facing child pornography charges is overwhelming, but you don’t have to face it alone.
Contact Attorney Anthony Riccio for a free, confidential consultation.
- Phone: (617)-404-8878
- Address: 1147 Hancock Street # 212 Quincy, MA 02169
Protect your rights and future. Take the first step toward your defense.
Get Your Free Consultation Now
Conclusion
Child pornography charges carry severe consequences that can affect every aspect of your life. With so much at stake, it’s crucial to have a knowledgeable and dedicated attorney on your side.
At Riccio Law, we are committed to providing aggressive defense strategies to help you navigate this challenging time.
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