Understanding Massachusetts Child Pornography Charges: What You Need to Know
By Benzaken, Sheehan & Wood, LLP — Brockton Criminal Defense Lawyers
Being accused of a child pornography offense in Massachusetts is among the most serious and stigmatizing allegations a person can face. The consequences are life-changing — involving not just potential prison time, but also permanent sex-offender registration, loss of employment, and destruction of reputation.
But these cases are also legally and technically complex. Allegations often arise from digital misunderstandings, shared devices, or automated online surveillance — not deliberate acts. An accusation is not a conviction, and an experienced defense attorney can make all the difference.
At Benzaken, Sheehan & Wood, LLP, we’ve defended clients across Massachusetts facing computer-based sex crime charges — including possession, dissemination, and creation of child pornography — in both state and federal court. This Q&A explains how these cases work, what penalties apply, and how to protect your rights and your future.
Q1: What exactly is considered “child pornography” under Massachusetts law?
Under Massachusetts General Laws Chapter 272, Sections 29C–29D, child pornography is defined broadly as any visual depiction — photograph, video, or digital image — that involves a child under 18 engaged in sexual conduct.
The term “sexual conduct” includes:
Actual or simulated sexual intercourse, masturbation, or sadomasochistic abuse.
Any exhibition or depiction of genitals or pubic area for sexual stimulation.
Digital or AI-generated material that appears to depict a minor in a sexual act.
Even possession of a single image or video can be charged as a felony.
Q2: What are the main types of child pornography charges in Massachusetts?
Massachusetts prosecutors bring several distinct charges, depending on the alleged conduct:
Possession of Child Pornography (G.L. c. 272, §29C)
Knowingly possessing, purchasing, or accessing with intent to view such material.
Each image or video can be treated as a separate count.
Dissemination of Child Pornography (G.L. c. 272, §29B)
Knowingly distributing or transferring files — including by email, cloud sharing, or peer-to-peer networks.
Creation or Production of Child Pornography (G.L. c. 272, §29A)
Causing or persuading a child to engage in sexual conduct for photography or filming.
Possession of Child Pornography with Intent to Disseminate
Prosecutors use this hybrid charge when there is evidence of organized distribution or repeated sharing.
Each carries separate penalties and often overlapping evidence, including seized computers, phones, and cloud accounts.
Q3: What are the penalties for child pornography in Massachusetts?
Penalties vary based on the charge and whether you have prior convictions:
Possession (First Offense): Up to 5 years in state prison or 2½ years in the House of Correction.
Possession (Subsequent Offense): Up to 10 years in state prison.
Dissemination: Up to 20 years in state prison.
Creation or Production: Up to 20 years in state prison.
Mandatory Sex Offender Registration: Required for nearly all convictions.
Probation Conditions: Strict internet bans, GPS monitoring, therapy, and polygraph testing.
Federal prosecutors can also file 18 U.S.C. §2252 and §2252A charges, which carry mandatory minimum sentences of 5–15 years and lifetime supervised release, depending on how the government charges the case.
Q4: What agencies investigate these cases?
Often Massachusetts child pornography investigations involve joint efforts between:
Massachusetts State Police Internet Crimes Against Children (ICAC) Task Force
Homeland Security Investigations (HSI)
FBI Cyber Crimes Division
Local police departments and digital forensics units
Investigations often begin with automated IP-address tracking through peer-to-peer file-sharing networks like BitTorrent or LimeWire. These systems flag IP addresses suspected of downloading known hash-matched child pornography files.
However, IP addresses identify devices or networks — not necessarily people. A strong defense begins by challenging that link.
Q5: How do prosecutors prove possession or dissemination?
The Commonwealth must prove three key elements beyond a reasonable doubt:
The defendant knowingly possessed or purchased the image;
The image is of a child under the age of eighteen who is depicted as engaging in any of the acts listed in subsections (i) through (vii) as constituting sexual acts;
The defendant knew or reasonably should have known that the child in the image was under eighteen years old; and
The defendant knew about the nature or content of the image.
For dissemination, prosecutors must also show that you shared or transmitted the material to others.
In practice, they rely on:
Forensic examination of hard drives, phones, and cloud accounts.
IP-address logs from Internet Service Providers.
Peer-to-peer software download history.
Search terms and browsing data.
An experienced attorney will scrutinize whether the data proves knowing possession or whether it was automatic caching, inadvertent downloads, or malware activity.
Q6: What if someone else used my computer or Wi-Fi?
This is one of the most common and powerful defenses. Digital evidence often traces back to an IP address, not a specific user. If multiple people had access to your device or wireless network, the prosecution must prove you — not someone else — intentionally downloaded or viewed the material.
Your defense lawyer can:
Subpoena router logs or Wi-Fi access data.
Retain forensic experts to show the files were downloaded by another user.
Demonstrate lack of timestamps, file paths, or password-protected directories linking to you.
Q7: What happens when the police seize my devices?
When police execute a search warrant, they typically seize:
Computers, external drives, and USBs.
Cell phones and tablets.
Routers and modems.
Cloud account information or backup drives.
Forensic analysis can take months, and reports are often incomplete or contain technical errors. Your attorney can request an independent forensic review to verify whether the evidence actually supports the charges.
Q8: How can a defense attorney challenge the search or seizure?
Massachusetts law provides strong protections under Article 14 of the Massachusetts Declaration of Rights and the Fourth Amendment.
Your lawyer may challenge:
The validity of the search warrant (e.g., insufficient probable cause).
The scope of the warrant (if investigators examined files beyond what was authorized).
The manner of execution (if officers exceeded lawful limits or failed to minimize exposure).
If evidence was seized illegally, the defense can file a Motion to Suppress, potentially resulting in dismissal of the case.
Q9: What if the images are automatically cached or unintentionally downloaded?
This is a critical issue in modern digital cases. Many defendants are accused because their browser or peer-to-peer program automatically stores fragments of data without the user’s knowledge.
To convict, the Commonwealth must show that you knew the files were there and intentionally kept or viewed them. If your lawyer can show the files were temporary, corrupted, or never opened, a jury may find no “knowing possession.”
Q10: Can I be charged for images sent to me without my consent?
Unfortunately, yes — but with strong defenses. If you receive an unsolicited file or message containing illegal material and immediately delete or report it, you are not guilty of possession.
The key is intent and control. Prosecutors must prove you intended to keep the file. If you acted promptly and did not seek or store the image, your attorney can argue lack of criminal intent.
Q11: What are the common defense strategies in Massachusetts child pornography cases?
Lack of Knowledge: You were unaware the files were on your device.
Third-Party Access: Someone else used your account or Wi-Fi.
Invalid Search or Warrant: Evidence was obtained unlawfully.
File Fragmentation / Caching: Files were incomplete or automatically stored.
No Proof of Dissemination: The Commonwealth cannot show actual sharing.
Chain-of-Custody Issues: Mishandling or corruption of digital evidence.
Entrapment: Law enforcement encouraged conduct you otherwise would not have engaged in.
Q12: Will I have to register as a sex offender if convicted?
In almost all cases, yes. The Sex Offender Registry Board (SORB) will require registration for any conviction involving possession, dissemination, or production of child pornography.
Registration categories include:
Level 1 (Low Risk): Information available only to law enforcement.
Level 2 (Moderate Risk): Information available online.
Level 3 (High Risk): Publicly available with photograph and address.
Your attorney can advocate for Level 1 classification or petition for relief from registration under G.L. c. 6, §178K(2)(d) if the circumstances justify it.
Q13: Can these cases be handled discreetly or sealed?
Yes — but only under certain circumstances.
If your case ends in dismissal, nolle prosequi, or a not-guilty verdict, your lawyer can file a petition to seal or expunge the record. While sex offenses are difficult to seal after conviction, post-acquittal relief is available to protect your reputation and career.
We also work with clients to manage the public-relations side — limiting exposure on the internet and assisting with removal of online case summaries when legally permissible.
Q14: What are the differences between state and federal charges?
State charges (Massachusetts Superior or District Court): Usually brought by local prosecutors, based on Massachusetts statutes (G.L. c. 272).
Federal charges (U.S. District Court, Boston): Filed under federal law (18 U.S.C. §2252/§2252A), often involving interstate transfers, large quantities, or international networks.
Federal cases are more punitive, with mandatory minimums, guideline enhancements, and lifetime supervision. If you suspect federal involvement, it’s critical to hire a lawyer experienced in both systems.
Q15: What should I do if I learn I’m under investigation but haven’t been charged yet?
Do not talk to police or agents — even “informally.”
Instead:
Contact a criminal defense attorney immediately.
Preserve your devices without altering or deleting data.
Do not attempt to explain or justify — every word can be misinterpreted.
Let your lawyer contact investigators on your behalf to determine your exposure.
Early intervention can prevent charges or shape how they are filed.
Q16: How can Benzaken, Sheehan & Wood, LLP help?
Our attorneys understand how these cases are built — and how to dismantle them. We:
Retain independent forensic experts to analyze digital evidence.
Challenge search warrants and suppression issues aggressively.
Cross-examine state analysts on data handling and chain of custody.
Negotiate for reduced or non-registerable outcomes when appropriate.
Protect client privacy and reputation throughout the process.
We’ve represented defendants in some of Massachusetts’ most complex digital-evidence prosecutions — and we treat every client with respect, discretion, and tenacity.
Closing
A child pornography charge is not the end of your story. These cases often turn on technical questions of knowledge, control, and digital forensics — not on character or intent. With skilled representation, many cases can be reduced, dismissed, or resolved without permanent registration.
If you are under investigation or have been charged, contact Benzaken, Sheehan & Wood, LLP immediately. Our Brockton criminal defense lawyers are experienced in handling sensitive computer-based cases across Massachusetts — from Plymouth County to Boston and beyond.
We protect your rights, your reputation, and your future.