Knowing Purchase or Possession of Child Pornography


The crime of the knowing purchase or possession of child pornography is governed by Massachusetts General Laws Chapter 272 Section 29C.  In order for an individual to be convicted of the knowing purchase or possession of child pornography, the Commonwealth must prove beyond a reasonable doubt that:
  • An individual knowingly purchased or possessed a visual reproduction or depiction by computer of a child under 18 years of age or of a child who the person reasonably should know is under the age of 18, and the child is:
    • Actually or by simulation engaged in an act of sexual intercourse with a person or animal
    • Actually or by simulation engaged in an act of sexual contact with the sex organs of another person or animal
    • Actually or by simulation engaged in an act of masturbation
    • Actually or by simulation was portrayed as being engaged in any act of lewd fondly or touching involving another person or animal
    • Actually or by simulation was engaged in an act of excretion or urination that occurred within a sexual context
    • Actually or by simulation was portrayed as bound in a sexual context; OR
    • Was depicted in any pose, posture, or setting involving a lewd exhibition of private parts
Punishment

An individual who commits the crime of the knowing purchase or possession of child pornography can be punished by up to 5 years imprisonment in the state prison or up to 2.5 years in a jail or house of correction and/or a fine of between $1,000.00 and $10,000.00.

For a second offense, the punishment is increased to minimum sentence of at least 5 years in state prison and/or a fine of between $5,000.00 and $20,000.00.  

For a third and subsequent offenses, the punishment is increased to a minimum sentence of at least 10 years in state prison and/or a fine of between $10,000.00 and $30,000.00.

If you or a loved one has been charged with knowing purchase or possession of child pornography or are being investigated for that crime, call the experienced criminal defense attorneys of Altman & Altman for a free, confidential consultation.