Massachusetts laws
MGL c. 272, § 28 Possession or dissemination of matter harmful to minors
As amended after American Booksellers injunction.
MGL c. 272, § 28C Obscene books
MGL c. 272, § 29 Possession or dissemination of obscene matter
MGL c. 272, § 29A Posing a child in a state of nudity
MGL c. 272, § 29B Dissemination of child pornography
MGL c. 272, § 29C Possession of child pornography
MGL c. 272, § 29D Dissemination or possession of non-consensual explicit visual material by a minor; punishment
Effective September 18, 2024.
MGL c. 272, § 31 Definitions of terms in laws above
MGL c. 272, § 105 Photographing, videotaping or electronically surveilling partially nude or nude person or the sexual or other intimate parts of a person around the person's clothing; exceptions; punishment
Massachusetts jury instructions
District Court Model Criminal Jury Instruction: 7180-Disseminating Obscene Matter; Possessing Obscene Matter to Disseminate (G.L. c. 272, § 29)
Federal laws
18 USC 1460-1470 Obscenity
- § 1461 Mailing obscene or crime-inciting matter (Comstock Act)
- § 1466A Visual representations, such as drawings, cartoons, or paintings that appear to depict minors engaged in sexually explicit conduct.
18 USC 2252-2252C Material involving the sexual exploitation of minors
47 USC 223(d) Using a telecommunications device to send obscene material to a minor
47 USC 230 Protection for private blocking and screening of offensive material
47 USC 231 Restriction of access by minors to materials commercially distributed by means of World Wide Web that are harmful to minors
Federal regulations
47 CFR 73.3999 FCC Restrictions on the transmission of obscene and indecent material
Prohibits broadcast of obscene material at all times and indecent material between 6 a.m. and 10 p.m.
Selected cases
Web sources
Broadcast of obscenity, indecency and profanity, Federal Communications Commission.
Includes information on FCC regulation of broadcasts and how to file a complaint.
Citizen's guide to US federal law on child pornography, U.S. Dept. of Justice.
A concise summary of federal laws and cases regarding child pornography.
Citizen’s guide to US federal law on obscenity, U.S. Dept. of Justice.
A concise summary of federal laws and cases on obscenity.
Golden Globe Awards order, Federal Communications Commission, 2004.
Even a single, fleeting, non-literal expletive use of the F-word in a broadcast is prohibited.
Print sources
Mass. Practice:
- vol.14A (summary of basic law), 5th ed. Thomson Reuters, 2014 with supplement, Section 7.285 Disseminating obscene matter; § 7.286 Disseminating obscene matter involving children
- vol.17B (prima facie case: proof and defense), 5th ed. West Pub., 2005 with supplement, §§ 53.60, 59:251
- vol.18A (municipal law and practice), 5th ed. Thomson/West, 2006 with supplement, § 17.66: Adult entertainment
- vol.32 (criminal law), 3rd ed. West Pub. Co., 2001 with supplement, §§ 262-264
Contact for Massachusetts law about obscenity and pornography
Online
| Last updated: | June 21, 2024 |
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