{ "batch": "246-massachusetts-video-recording-and-obscenity-statutes", "articles": [ { "id": "learn_r246_massachusetts_video_recording_and_obscenity_statutes_anchor_index", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws index: Access.signup", "summary": "[Unverified - being checked] Massachusetts General Laws official index page lists all chapters under Part IV: Crimes, Punishments and Proceedings in Criminal Cases", "body": "Massachusetts General Laws official index page lists all chapters under Part IV: Crimes, Punishments and Proceedings in Criminal Cases\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“Part IV: CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES”\n\nNote: Anchor record. Official Massachusetts legislature site index page at malegislature.gov/Laws/GeneralLaws. Page heading lists Part IV chapters 263-280.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws", "last_verified": "2026-09-22", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "Part IV: CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES", "volatility": "low", "from_batch": "246-massachusetts-video-recording-and-obscenity-statutes", "subject": "Massachusetts General Laws index", "topic": "Access.signup", "applies_to_country": "*", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "access.signup" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r246_massachusetts_video_recording_and_obscenity_statutes_ma_ch272_index", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272 index: Rules.content", "summary": "[Unverified - being checked] Chapter 272 index heading states the chapter covers crimes against chastity, morality, decency and good order", "body": "Chapter 272 index heading states the chapter covers crimes against chastity, morality, decency and good order\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“Chapter 272: CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER”\n\nNote: Chapter index page listing all sections 1-107 and 801/2.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272", "last_verified": "2026-09-22", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "Chapter 272: CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER", "volatility": "low", "from_batch": "246-massachusetts-video-recording-and-obscenity-statutes", "subject": "Massachusetts General Laws Chapter 272 index", "topic": "Rules.content", "applies_to_country": "*", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "rules.content" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r246_massachusetts_video_recording_and_obscenity_statutes_ma_sec99_consent", "category": "Safety", "title": "[Unverified - being checked] Massachusetts M.G.L. c.272 §99 Interception of wire and oral communications: recording needs the prior authority of all parties", "summary": "[Unverified - being checked] Massachusetts requires the consent of every party: G.L. c.272 §99 defines an \"interception\" as secretly hearing or secretly recording a wire or oral communication by anyone other than a person given prior authority by all parties to it. The only one-party exception in that definition is for an investigative or law-enforcement officer recording in the course of an investigation of a designated offense.", "body": "Massachusetts requires the consent of every party: G.L. c.272 §99 defines an \"interception\" as secretly hearing or secretly recording a wire or oral communication by anyone other than a person given prior authority by all parties to it. The only one-party exception in that definition is for an investigative or law-enforcement officer recording in the course of an investigation of a designated offense.\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“The term ''interception'' means to secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device by any person other than a person given prior authority by all parties to such communication; provided that it shall not constitute an interception for an investigative or law enforcement officer, as defined in this section, to record or transmit a wire or oral communication if the officer is a party to such communication or has been given prior authorization to record or transmit the communication by such a party and if recorded or transmitted in the course of an investigation of a designated offense as defined herein.”\n\nNote: Section 99(C)(1) of the same statute makes a willful interception a crime (fine up to $10,000 and/or imprisonment). This describes the statute's text; it is general information, not legal advice.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section99", "last_verified": "2026-09-25", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "The term ''interception'' means to secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device by any person other than a person given prior authority by all parties to such communication; provided that it shall not constitute an interception for an investigative or law enforcement officer, as defined in this section, to record or transmit a wire or oral communication if the officer is a party to such communication or has been given prior authorization to record or transmit the communication by such a party and if recorded or transmitted in the course of an investigation of a designated offense as defined herein.", "volatility": "low", "from_batch": "246-massachusetts-video-recording-and-obscenity-statutes", "subject": "Massachusetts M.G.L. c.272 §99 Interception of wire and oral communications", "topic": "recording needs the prior authority of all parties", "applies_to_country": "*", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "rules.content" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r246_massachusetts_video_recording_and_obscenity_statutes_ma_sec105_voyeurism", "category": "Safety", "title": "[Unverified - being checked] Massachusetts M.G.L. c.272 §105 Photographing, videotaping or electronically surveilling nude or partially nude person: Rules.content", "summary": "[Unverified - being checked] §105 prohibits willfully photographing, videotaping or electronically surveilling a nude or partially nude person with intent to secretly conduct or hide such activity, when the person has a reasonable expectation of privacy and without knowledge and consent", "body": "§105 prohibits willfully photographing, videotaping or electronically surveilling a nude or partially nude person with intent to secretly conduct or hide such activity, when the person has a reasonable expectation of privacy and without knowledge and consent\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“Whoever willfully photographs, videotapes or electronically surveils another person who is nude or partially nude, with the intent to secretly conduct or hide such activity, when the other person in such place and circumstance would have a reasonable expectation of privacy in not being so photographed, videotaped or electronically surveilled, and without that person's knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment.”\n\nNote: Massachusetts's video voyeurism/unlawful surveillance statute. 'Electronically surveils' defined to include camera, cellular/wireless device, computer, television or other electronic device. Applies to nudity and partially nude persons. A two-person shoot would need the subject's knowledge and consent and must not involve secret conduct.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section105", "last_verified": "2026-09-22", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "Whoever willfully photographs, videotapes or electronically surveils another person who is nude or partially nude, with the intent to secretly conduct or hide such activity, when the other person in such place and circumstance would have a reasonable expectation of privacy in not being so photographed, videotaped or electronically surveilled, and without that person's knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment.", "volatility": "low", "from_batch": "246-massachusetts-video-recording-and-obscenity-statutes", "subject": "Massachusetts M.G.L. c.272 §105 Photographing, videotaping or electronically surveilling nude or partially nude person", "topic": "Rules.content", "applies_to_country": "*", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "rules.content" ], "explicitness": "clothed" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r246_massachusetts_video_recording_and_obscenity_statutes_ma_sec105_dissemination", "category": "Safety", "title": "[Unverified - being checked] Massachusetts M.G.L. c.272 §105(c) Dissemination of visual image obtained unlawfully: Safety.harm", "summary": "[Unverified - being checked] §105(c) prohibits disseminating the visual image of another person with knowledge it was unlawfully obtained and without consent of the person depicted", "body": "§105(c) prohibits disseminating the visual image of another person with knowledge it was unlawfully obtained and without consent of the person depicted\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“Whoever willfully disseminates the visual image of another person, with knowledge that such visual image was unlawfully obtained in violation of the first and second paragraphs of subsection (b) and without consent of the person so depicted, shall be punished by imprisonment in the house of correction for not more than 21/2 years or in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment.”\n\nNote: Reaches non-consensual distribution of intimate images. Does not explicitly mention synthetic or altered depictions. The statute covers 'visual image' obtained in violation of §105(b). A two-person shoot would need consent for any dissemination.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section105", "last_verified": "2026-09-22", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "Whoever willfully disseminates the visual image of another person, with knowledge that such visual image was unlawfully obtained in violation of the first and second paragraphs of subsection (b) and without consent of the person so depicted, shall be punished by imprisonment in the house of correction for not more than 21/2 years or in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment.", "volatility": "low", "from_batch": "246-massachusetts-video-recording-and-obscenity-statutes", "subject": "Massachusetts M.G.L. c.272 §105(c) Dissemination of visual image obtained unlawfully", "topic": "Safety.harm", "applies_to_country": "*", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "safety.harm" ], "explicitness": "clothed" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r246_massachusetts_video_recording_and_obscenity_statutes_ma_sec31_obscenity_def", "category": "Safety", "title": "[Unverified - being checked] Massachusetts M.G.L. c.272 §31 Definitions including obscene: Rules.content", "summary": "[Unverified - being checked] §31 defines obscene as matter that taken as a whole appeals to the prurient interest of the average person applying contemporary standards of the county, depicts or describes sexual conduct in a patently offensive way, and lacks serious literary, artistic, political or scientific value", "body": "§31 defines obscene as matter that taken as a whole appeals to the prurient interest of the average person applying contemporary standards of the county, depicts or describes sexual conduct in a patently offensive way, and lacks serious literary, artistic, political or scientific value\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“''Obscene', matter is obscene if taken as a whole it (1) appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed; (2) depicts or describes sexual conduct in a patently offensive way; and (3) lacks serious literary, artistic, political or scientific value.”\n\nNote: Obscenity definition uses Miller test components adapted to county-level standards. 'Sexual conduct' defined in §31 includes human masturbation, sexual intercourse actual or simulated normal or perverted, lewd exhibitions of genitals, flagellation or torture in a sexual relationship, lewd touching of genitals, pubic areas, buttocks, breasts, and depiction of excretory functions in a sexual context.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section31", "last_verified": "2026-09-22", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "''Obscene', matter is obscene if taken as a whole it (1) appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed; (2) depicts or describes sexual conduct in a patently offensive way; and (3) lacks serious literary, artistic, political or scientific value.", "volatility": "low", "from_batch": "246-massachusetts-video-recording-and-obscenity-statutes", "subject": "Massachusetts M.G.L. c.272 §31 Definitions including obscene", "topic": "Rules.content", "applies_to_country": "*", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "rules.content" ], "explicitness": "explicit_solo" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r246_massachusetts_video_recording_and_obscenity_statutes_ma_sec29_obscenity_dissemination", "category": "Safety", "title": "[Unverified - being checked] Massachusetts M.G.L. c.272 §29 Dissemination or possession of obscene matter; punishment; defense: Rules.content", "summary": "[Unverified - being checked] §29 punishes dissemination of obscene matter knowing it to be obscene with imprisonment in state prison for not more than 5 years or jail/house of correction for not more than 2½ years, or fine of not less than $1,000 nor more than $10,000 for first offense", "body": "§29 punishes dissemination of obscene matter knowing it to be obscene with imprisonment in state prison for not more than 5 years or jail/house of correction for not more than 2½ years, or fine of not less than $1,000 nor more than $10,000 for first offense\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“Whoever disseminates any matter which is obscene, knowing it to be obscene, or whoever has in his possession any matter which is obscene, knowing it to be obscene, with the intent to disseminate the same, shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than one thousand nor more than ten thousand dollars for the first offense, not less than five thousand nor more than twenty thousand dollars for the second offense, or not less than ten thousand nor more than thirty thousand dollars for the third and subsequent offenses, or by both such fine and imprisonment.”\n\nNote: Defense available if defendant was a bona fide school, museum, library, or retail outlet affiliated with educational purpose. Prosecution not continued without finding or placed on file.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section29", "last_verified": "2026-09-22", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "Whoever disseminates any matter which is obscene, knowing it to be obscene, or whoever has in his possession any matter which is obscene, knowing it to be obscene, with the intent to disseminate the same, shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than one thousand nor more than ten thousand dollars for the first offense, not less than five thousand nor more than twenty thousand dollars for the second offense, or not less than ten thousand nor more than thirty thousand dollars for the third and subsequent offenses, or by both such fine and imprisonment.", "volatility": "low", "from_batch": "246-massachusetts-video-recording-and-obscenity-statutes", "subject": "Massachusetts M.G.L. c.272 §29 Dissemination or possession of obscene matter; punishment; defense", "topic": "Rules.content", "applies_to_country": "*", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "rules.content" ], "explicitness": "explicit_solo" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r246_massachusetts_video_recording_and_obscenity_statutes_ma_sec16_lewdness", "category": "Safety", "title": "[Unverified - being checked] Massachusetts M.G.L. c.272 §16 Open and gross lewdness and lascivious behavior: Rules.content", "summary": "[Unverified - being checked] §16 prohibits open and gross lewdness and lascivious behavior by any man or woman married or unmarried, which could reach a filmed performance", "body": "§16 prohibits open and gross lewdness and lascivious behavior by any man or woman married or unmarried, which could reach a filmed performance\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“A man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars.”\n\nNote: Could reach a filmed performance that is open and gross lewd or lascivious. No specific consent exception is stated. A two-person shoot would need to avoid open and gross lewdness/lascivious behavior to stay outside this statute.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section16", "last_verified": "2026-09-22", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "A man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars.", "volatility": "low", "from_batch": "246-massachusetts-video-recording-and-obscenity-statutes", "subject": "Massachusetts M.G.L. c.272 §16 Open and gross lewdness and lascivious behavior", "topic": "Rules.content", "applies_to_country": "*", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "rules.content" ], "explicitness": "suggestive" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r246_massachusetts_video_recording_and_obscenity_statutes_ma_sec105_synthetic_altered", "category": "Safety", "title": "[Unverified - being checked] Massachusetts §105 reach to synthetic or altered intimate images: Safety.harm", "summary": "[Unverified - being checked] The non-consensual intimate image distribution statute §105(c) does not explicitly mention synthetic or altered depictions", "body": "The non-consensual intimate image distribution statute §105(c) does not explicitly mention synthetic or altered depictions\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“Whoever willfully disseminates the visual image of another person, with knowledge that such visual image was unlawfully obtained in violation of the first and second paragraphs of subsection (b) and without consent of the person so depicted, shall be punished by imprisonment in the house of correction for not more than 21/2 years or in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment.”\n\nNote: The statutory language covers 'visual image' that was 'unlawfully obtained' under subsection (b), which requires the person to be 'nude or partially nude.' §105(b) does not extend to synthetic or computer-generated images that do not depict a real person who was unlawfully photographed. The statute therefore does not clearly reach synthetic or altered depictions.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section105", "last_verified": "2026-09-22", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "Whoever willfully disseminates the visual image of another person, with knowledge that such visual image was unlawfully obtained in violation of the first and second paragraphs of subsection (b) and without consent of the person so depicted, shall be punished by imprisonment in the house of correction for not more than 21/2 years or in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment.", "volatility": "low", "from_batch": "246-massachusetts-video-recording-and-obscenity-statutes", "subject": "Massachusetts §105 reach to synthetic or altered intimate images", "topic": "Safety.harm", "applies_to_country": "*", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "safety.harm" ], "explicitness": "clothed" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r246_massachusetts_video_recording_and_obscenity_statutes_ma_right_of_publicity", "category": "Safety", "title": "[Unverified - being checked] Massachusetts right-of-publicity/commercial-appropriation statute: Safety.legal", "summary": "[Unverified - being checked] Searched Massachusetts General Laws index, Chapter 272 index, Part I Title XV regulation-of-trade index, and attempted to access Chapters 215 and 265; no right-of-publicity or commercial-appropriation statute was found on the official site", "body": "Searched Massachusetts General Laws index, Chapter 272 index, Part I Title XV regulation-of-trade index, and attempted to access Chapters 215 and 265; no right-of-publicity or commercial-appropriation statute was found on the official site\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“Section 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”\n\nNote: Could not verify whether Massachusetts has a standalone right-of-publicity or commercial-appropriation statute. Searched the Chapter 272 index (full listing of all sections), the General Laws Part I Title XV regulation-of-trade index (Chapters 93-110H), and attempted to access Chapters 215 and 265 (404 errors). Massachusetts may recognize a common-law right of publicity but no statute was found on the official index pages searched. Indices opened: Part I Title XV (Chapters 93-110H), Chapter 265, Chapter 231. Search terms used: right of publicity, commercial appropriation, name image likeness.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272", "last_verified": "2026-09-22", "reliability": "CREATOR STRATEGY", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "Section 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", "volatility": "low", "from_batch": "246-massachusetts-video-recording-and-obscenity-statutes", "subject": "Massachusetts right-of-publicity/commercial-appropriation statute", "topic": "Safety.legal", "applies_to_country": "*", "applies_to_scope": "Searched Chapter 231 (Actions for torts) and Chapter 265 (Crimes against persons) returned 404; also searched Part I Tit", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "safety.legal" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } } ] }