Posing or Exhibiting Child in State of Nudity or Sexual Conduct

The crime of posing or exhibiting a child in a state of nudity or sexual conduct is governed by Massachusetts General Laws Chapter 272 Section 29A.  In order for an individual to be convicted of posing or exhibiting a child in a state of nudity or sexual conduct, the Commonwealth must prove beyond a reasonable doubt that:

• An individual has knowledge that the victim is a child under the age of 18 or should have had reason to have known that the victim is a child under 18
• The individual had lascivious intent
• The individual hired, coerced, solicited, enticed, employed, procured, used, caused, encouraged, or knowingly permitted a child to pose or be exhibited in a state of nudity OR engaged in an act that depicted, described or represented sexual conduct
• The individual’s act was for the purpose of representation or reproduction in a visual material

A minor victim is not capable of consenting to any of the conduct performed by the individual being prosecuted for this crime.

Punishment

An individual who commits the crime of posing or exhibiting a child in a state of nudity or sexual conduct can be punished by a minimum of 10 years in the state prison, with the possibility of up to 20 years and/or by a fine of between $10,000.00 and $50,000.00.

If you have been charged with posing or exhibiting a child in a state of nudity or sexual conduct or are being investigated for that call Altman & Altman at 617.492.3000 for a free and confidential case consultation.