{ "batch": "639-massachusetts-obscenity-and-distribution", "articles": [ { "id": "learn_r639_massachusetts_obscenity_and_distribution_ma_ch272_anchor", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272: statutory code index", "summary": "[Unverified - being checked] Massachusetts's obscenity and harmful-to-minors statutes are codified in Chapter 272 of the General Laws, titled \"CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER,\" which includes Sections 28 (matter harmful to minors), 29 (dissemination or possession of obscene matter), 30 (injunctive relief), 31 (definitions), and 32 (motion picture theaters).", "body": "Massachusetts's obscenity and harmful-to-minors statutes are codified in Chapter 272 of the General Laws, titled \"CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER,\" which includes Sections 28 (matter harmful to minors), 29 (dissemination or possession of obscene matter), 30 (injunctive relief), 31 (definitions), and 32 (motion picture theaters).\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\n- [Section 28 Matter harmful to minors, dissemination; possession; defenses](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28)\n- [Section 28C Information or petition against obscene books; order of notice to show cause; notice of order; interlocutory adjudication; defense](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28C)\n- [Section 28D Answer to notice; right to jury trial](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28D)\n- [Section 28E Order of default; adjudication](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28E)\n- [Section 28F Hearing; evidence; adjudication](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28F)\n- [Section 28G Objection that mere judgment sought and no relief claimed on issue of knowledge](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28G)\n- [Section 28H Proceeding under Sec. 28C as evidence in trial under Sec. 29; presumptions as to knowledge](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28H)\n- [Section 28I Certain procedures as condition precedent to institution of proceedings for dissemination of obscene books](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28I)\n- [Section 29 Dissemination or possession of obscene matter; punishment; defense](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section29)\n- [Section 29A Posing or exhibiting child in state of nudity or sexual conduct; punishment](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section29A)\n- [Section 29B Dissemination of visual material of child in state of nudity or sexual conduct; punishment](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section29B)\n- [Section 29C Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section29C)\n- [Section 29D Possession, purchase or dissemination by minor of visual material of child in state of nudity or depicted in sexual conduct; punishment](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section29D)\n- [Section 30 Injunctive relief against dissemination of obscene matter; jurisdiction; procedures; appeal](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section30)\n- [Section 31 Definitions](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section31)\n- [Section 32 Motion picture theater managers or operators; applicability of Secs. 28, 29 and 29A](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section32)”\n\nNote: Anchor record for Massachusetts Chapter 272 obscenity/harmful-to-minors statutes. All subsequent records in this batch derive from this chapter index.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272", "last_verified": "2026-10-15", "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\n\n- [Section 28 Matter harmful to minors, dissemination; possession; defenses](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28)\n- [Section 28C Information or petition against obscene books; order of notice to show cause; notice of order; interlocutory adjudication; defense](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28C)\n- [Section 28D Answer to notice; right to jury trial](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28D)\n- [Section 28E Order of default; adjudication](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28E)\n- [Section 28F Hearing; evidence; adjudication](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28F)\n- [Section 28G Objection that mere judgment sought and no relief claimed on issue of knowledge](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28G)\n- [Section 28H Proceeding under Sec. 28C as evidence in trial under Sec. 29; presumptions as to knowledge](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28H)\n- [Section 28I Certain procedures as condition precedent to institution of proceedings for dissemination of obscene books](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28I)\n- [Section 29 Dissemination or possession of obscene matter; punishment; defense](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section29)\n- [Section 29A Posing or exhibiting child in state of nudity or sexual conduct; punishment](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section29A)\n- [Section 29B Dissemination of visual material of child in state of nudity or sexual conduct; punishment](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section29B)\n- [Section 29C Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section29C)\n- [Section 29D Possession, purchase or dissemination by minor of visual material of child in state of nudity or depicted in sexual conduct; punishment](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section29D)\n- [Section 30 Injunctive relief against dissemination of obscene matter; jurisdiction; procedures; appeal](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section30)\n- [Section 31 Definitions](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section31)\n- [Section 32 Motion picture theater managers or operators; applicability of Secs. 28, 29 and 29A](/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section32)", "volatility": "low", "from_batch": "639-massachusetts-obscenity-and-distribution", "subject": "Massachusetts General Laws Chapter 272", "topic": "statutory code index", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "rules.content", "safety.legal" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r639_massachusetts_obscenity_and_distribution_ma_ch272_sec31_obscenity_def", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272 Section 31: obscenity definition statute", "summary": "[Unverified - being checked] Massachusetts defines \"obscene\" matter under M.G.L. c. 272 § 31 as matter that, taken as a whole: (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.", "body": "Massachusetts defines \"obscene\" matter under M.G.L. c. 272 § 31 as matter that, taken as a whole: (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\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“''Obscene'', matter is obscene if taken as a whole it\n\n(1) appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed;\n\n(2) depicts or describes sexual conduct in a patently offensive way; and\n\n(3) lacks serious literary, artistic, political or scientific value.”\n\nNote: Full statutory definition of 'obscene' in Massachusetts. The three-prong test mirrors the Miller v. California standard with county-level contemporary standards.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section31", "last_verified": "2026-10-15", "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\n\n(1) appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed;\n\n(2) depicts or describes sexual conduct in a patently offensive way; and\n\n(3) lacks serious literary, artistic, political or scientific value.", "volatility": "low", "from_batch": "639-massachusetts-obscenity-and-distribution", "subject": "Massachusetts General Laws Chapter 272 Section 31", "topic": "obscenity definition statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "rules.content", "safety.legal" ], "explicitness": "explicit_solo" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r639_massachusetts_obscenity_and_distribution_ma_ch272_sec31_harmful_minors_def", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272 Section 31: harmful-to-minors definition statute", "summary": "[Unverified - being checked] Massachusetts defines \"harmful to minors\" under M.G.L. c. 272 § 31 as matter that is obscene or, if taken as a whole: (1) describes or represents nudity, sexual conduct or sexual excitement, so as to appeal predominantly to the prurient interest of minors; (2) is patently contrary to prevailing standards of adults in the county where the offense was committed as to suitable material for such minors; and (3) lacks serious literary, artistic, political or scientific value for minors.", "body": "Massachusetts defines \"harmful to minors\" under M.G.L. c. 272 § 31 as matter that is obscene or, if taken as a whole: (1) describes or represents nudity, sexual conduct or sexual excitement, so as to appeal predominantly to the prurient interest of minors; (2) is patently contrary to prevailing standards of adults in the county where the offense was committed as to suitable material for such minors; and (3) lacks serious literary, artistic, political or scientific value for minors.\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“''Harmful to minors'', matter is harmful to minors if it is obscene or, if taken as a whole, it (1) describes or represents nudity, sexual conduct or sexual excitement, so as to appeal predominantly to the prurient interest of minors; (2) is patently contrary to prevailing standards of adults in the county where the offense was committed as to suitable material for such minors; and (3) lacks serious literary, artistic, political or scientific value for minors.”\n\nNote: Statutory definition of 'harmful to minors' used in § 28 prosecution. Three-part test: (1) prurient appeal to minors, (2) patently contrary to adult standards, (3) lacks serious value. The appeal-to-minors standard is 'predominance' rather than 'prurient' as used in the obscene test.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section31", "last_verified": "2026-10-15", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "''Harmful to minors'', matter is harmful to minors if it is obscene or, if taken as a whole, it (1) describes or represents nudity, sexual conduct or sexual excitement, so as to appeal predominantly to the prurient interest of minors; (2) is patently contrary to prevailing standards of adults in the county where the offense was committed as to suitable material for such minors; and (3) lacks serious literary, artistic, political or scientific value for minors.", "volatility": "low", "from_batch": "639-massachusetts-obscenity-and-distribution", "subject": "Massachusetts General Laws Chapter 272 Section 31", "topic": "harmful-to-minors definition statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "rules.content", "safety.legal" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r639_massachusetts_obscenity_and_distribution_ma_ch272_sec31_disseminate_def", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272 Section 31: statutory definition", "summary": "[Unverified - being checked] Massachusetts defines \"disseminate\" under M.G.L. c. 272 § 31 as to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit or display.", "body": "Massachusetts defines \"disseminate\" under M.G.L. c. 272 § 31 as to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit or display.\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“''Disseminate'', to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit or display.”\n\nNote: The term 'disseminate' is explicitly defined in § 31 and covers distribution activities including sale. This definition applies to online sales to adults.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section31", "last_verified": "2026-10-15", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "''Disseminate'', to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit or display.", "volatility": "low", "from_batch": "639-massachusetts-obscenity-and-distribution", "subject": "Massachusetts General Laws Chapter 272 Section 31", "topic": "statutory definition", "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_r639_massachusetts_obscenity_and_distribution_ma_ch272_sec31_matter_def", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272 Section 31: statutory definition", "summary": "[Unverified - being checked] Massachusetts defines \"matter\" under M.G.L. c. 272 § 31 as any handwritten or printed material, visual representation, live performance or sound recording including books, magazines, motion picture films, pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances, or any electronic communication including, but not limited to, electronic mail, instant messages, text messages, and any other communication created by means of use of the Internet or wireless network, whether by computer, telephone, or any other device or by any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system.", "body": "Massachusetts defines \"matter\" under M.G.L. c. 272 § 31 as any handwritten or printed material, visual representation, live performance or sound recording including books, magazines, motion picture films, pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances, or any electronic communication including, but not limited to, electronic mail, instant messages, text messages, and any other communication created by means of use of the Internet or wireless network, whether by computer, telephone, or any other device or by any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system.\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“''Matter'', any handwritten or printed material, visual representation, live performance or sound recording including, but not limited to, books, magazines, motion picture films, pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances, or any electronic communication including, but not limited to, electronic mail, instant messages, text messages, and any other communication created by means of use of the Internet or wireless network, whether by computer, telephone, or any other device or by any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system.”\n\nNote: The definition of 'matter' explicitly includes electronic communications transmitted over the Internet or wireless networks. This language reaches online sales to adults who are at least 18.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section31", "last_verified": "2026-10-15", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "''Matter'', any handwritten or printed material, visual representation, live performance or sound recording including, but not limited to, books, magazines, motion picture films, pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances, or any electronic communication including, but not limited to, electronic mail, instant messages, text messages, and any other communication created by means of use of the Internet or wireless network, whether by computer, telephone, or any other device or by any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system.", "volatility": "low", "from_batch": "639-massachusetts-obscenity-and-distribution", "subject": "Massachusetts General Laws Chapter 272 Section 31", "topic": "statutory definition", "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_r639_massachusetts_obscenity_and_distribution_ma_ch272_sec31_minor_def", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272 Section 31: statutory definition", "summary": "[Unverified - being checked] Massachusetts defines \"minor\" under M.G.L. c. 272 § 31 as a person under eighteen years of age.", "body": "Massachusetts defines \"minor\" under M.G.L. c. 272 § 31 as a person under eighteen years of age.\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“''Minor'', a person under eighteen years of age.”\n\nNote: The 'harmful to minors' offence targets dissemination to persons under 18. Sales to adults 18+ would not trigger this provision absent specific knowledge/belief.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section31", "last_verified": "2026-10-15", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "''Minor'', a person under eighteen years of age.", "volatility": "low", "from_batch": "639-massachusetts-obscenity-and-distribution", "subject": "Massachusetts General Laws Chapter 272 Section 31", "topic": "statutory definition", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "rules.content", "access.id" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r639_massachusetts_obscenity_and_distribution_ma_ch272_sec29_penalty_class", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272 Section 29: penalty classification", "summary": "[Unverified - being checked] Under Massachusetts M.G.L. c. 272 § 29, the crime of disseminating or possessing obscene matter with intent to disseminate is punishable by state prison imprisonment for not more than 5 years, jail or house of correction imprisonment for not more than 2.5 years, a fine of $1,000-$30,000 (escalating by offense), or any combination of fine and imprisonment.", "body": "Under Massachusetts M.G.L. c. 272 § 29, the crime of disseminating or possessing obscene matter with intent to disseminate is punishable by state prison imprisonment for not more than 5 years, jail or house of correction imprisonment for not more than 2.5 years, a fine of $1,000-$30,000 (escalating by offense), or any combination of fine and imprisonment.\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“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: Massachusetts classifies this offense as a felony (state prison eligibility). The statutory maximum of 5 years state prison indicates felony level punishment. Massachusetts uses 'state prison' for felonies and 'jail/house of correction' for lesser offenses.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section29", "last_verified": "2026-10-15", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "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": "639-massachusetts-obscenity-and-distribution", "subject": "Massachusetts General Laws Chapter 272 Section 29", "topic": "penalty classification", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "money.fees" ], "explicitness": "explicit_solo" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r639_massachusetts_obscenity_and_distribution_ma_ch272_sec28_harmful_minors_distribution", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272 Section 28: harmful-to-minors distribution provision", "summary": "[Unverified - being checked] Massachusetts prohibits purposeful dissemination or possession with intent to disseminate matter harmful to minors to a person the defendant knows or believes to be a minor under M.G.L. c. 272 § 28, punishable by state prison imprisonment for not more than 5 years, jail/house of correction for not more than 2.5 years, fines of $1,000-$30,000 (escalating), or both.", "body": "Massachusetts prohibits purposeful dissemination or possession with intent to disseminate matter harmful to minors to a person the defendant knows or believes to be a minor under M.G.L. c. 272 § 28, punishable by state prison imprisonment for not more than 5 years, jail/house of correction for not more than 2.5 years, fines of $1,000-$30,000 (escalating), or both.\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“Section 28. Whoever purposefully disseminates to a person he knows or believes to be a minor any matter harmful to minors, as defined in section 31, knowing it to be harmful to minors, or has in his possession any such matter with the intent to disseminate the same to a person he knows or believes to be a minor, shall be punished by imprisonment in the state prison for not more than 5 years or in a jail or house of correction for not more than 21/2 years, or by a fine of not less than $1000 nor more than $10,000 for the first offense, not less than $5000 nor more than $20,000 for the second offense, or not less than $10,000 nor more than $30,000 for a third or subsequent offenses, or by both such fine and imprisonment. A person who disseminates an electronic communication or possesses an electronic communication with the intent to disseminate it shall not be found to have violated this section unless he specifically intends to direct the communication to a person he knows or believes to be a minor. A prosecution commenced under this section shall not be continued without a finding or placed on file. It shall be a defense in a prosecution under this section that the defendant was in a parental or guardianship relationship with the minor. It shall also be a defense in a prosecution under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.”\n\nNote: Harmful-to-minors distribution mirrors § 29 penalty structure. Must target a minor (knows or believes recipient is minor) AND know matter is harmful to minors. Electronic communications require specific intent to direct to a minor.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28", "last_verified": "2026-10-15", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "Section 28. Whoever purposefully disseminates to a person he knows or believes to be a minor any matter harmful to minors, as defined in section 31, knowing it to be harmful to minors, or has in his possession any such matter with the intent to disseminate the same to a person he knows or believes to be a minor, shall be punished by imprisonment in the state prison for not more than 5 years or in a jail or house of correction for not more than 21/2 years, or by a fine of not less than $1000 nor more than $10,000 for the first offense, not less than $5000 nor more than $20,000 for the second offense, or not less than $10,000 nor more than $30,000 for a third or subsequent offenses, or by both such fine and imprisonment. A person who disseminates an electronic communication or possesses an electronic communication with the intent to disseminate it shall not be found to have violated this section unless he specifically intends to direct the communication to a person he knows or believes to be a minor. A prosecution commenced under this section shall not be continued without a finding or placed on file. It shall be a defense in a prosecution under this section that the defendant was in a parental or guardianship relationship with the minor. It shall also be a defense in a prosecution under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.", "volatility": "low", "from_batch": "639-massachusetts-obscenity-and-distribution", "subject": "Massachusetts General Laws Chapter 272 Section 28", "topic": "harmful-to-minors distribution provision", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "rules.content", "safety.legal" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r639_massachusetts_obscenity_and_distribution_ma_ch272_sec28_penalty_class", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272 Section 28: penalty classification", "summary": "[Unverified - being checked] Under Massachusetts M.G.L. c. 272 § 28, the crime of disseminating or possessing matter harmful to minors with intent to disseminate is punishable by state prison imprisonment for not more than 5 years, jail or house of correction for not more than 2.5 years, a fine of $1,000-$30,000 (escalating by offense), or both.", "body": "Under Massachusetts M.G.L. c. 272 § 28, the crime of disseminating or possessing matter harmful to minors with intent to disseminate is punishable by state prison imprisonment for not more than 5 years, jail or house of correction for not more than 2.5 years, a fine of $1,000-$30,000 (escalating by offense), or both.\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“shall be punished by imprisonment in the state prison for not more than 5 years or in a jail or house of correction for not more than 21/2 years, or by a fine of not less than $1000 nor more than $10,000 for the first offense, not less than $5000 nor more than $20,000 for the second offense, or not less than $10,000 nor more than $30,000 for a third or subsequent offenses, or by both such fine and imprisonment.”\n\nNote: Same felony-level penalty structure as § 29: up to 5 years state prison. The fine amounts are identical: $1K-$10K first, $5K-$20K second, $10K-$30K third+.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28", "last_verified": "2026-10-15", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "shall be punished by imprisonment in the state prison for not more than 5 years or in a jail or house of correction for not more than 21/2 years, or by a fine of not less than $1000 nor more than $10,000 for the first offense, not less than $5000 nor more than $20,000 for the second offense, or not less than $10,000 nor more than $30,000 for a third or subsequent offenses, or by both such fine and imprisonment.", "volatility": "low", "from_batch": "639-massachusetts-obscenity-and-distribution", "subject": "Massachusetts General Laws Chapter 272 Section 28", "topic": "penalty classification", "applies_to_country": "*", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "money.fees" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r639_massachusetts_obscenity_and_distribution_ma_ch272_sec28_electronic_communication", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272 Section 28: electronic communication provision", "summary": "[Unverified - being checked] Under Massachusetts M.G.L. c. 272 § 28, a person who disseminates or possesses with intent to disseminate an electronic communication shall not be found to have violated the harmful-to-minors statute unless they specifically intend to direct the communication to a person they know or believe to be a minor.", "body": "Under Massachusetts M.G.L. c. 272 § 28, a person who disseminates or possesses with intent to disseminate an electronic communication shall not be found to have violated the harmful-to-minors statute unless they specifically intend to direct the communication to a person they know or believe to be a minor.\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“A person who disseminates an electronic communication or possesses an electronic communication with the intent to disseminate it shall not be found to have violated this section unless he specifically intends to direct the communication to a person he knows or believes to be a minor.”\n\nNote: The electronic communication provision creates a higher specific intent requirement for online dissemination. General online sales to adults 18+ would not violate this statute absent specific intent to target a minor.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28", "last_verified": "2026-10-15", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "A person who disseminates an electronic communication or possesses an electronic communication with the intent to disseminate it shall not be found to have violated this section unless he specifically intends to direct the communication to a person he knows or believes to be a minor.", "volatility": "low", "from_batch": "639-massachusetts-obscenity-and-distribution", "subject": "Massachusetts General Laws Chapter 272 Section 28", "topic": "electronic communication provision", "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_r639_massachusetts_obscenity_and_distribution_ma_ch272_sec29_online_sales_adults", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272 Section 29: online sales to adults determination", "summary": "[Unverified - being checked] Massachusetts M.G.L. c. 272 § 29 does not exempt online sales to adults from the obscenity dissemination offense; the statute's definition of 'disseminate' and 'matter' reach electronic communications transmitted via the Internet or wireless networks regardless of recipient age.", "body": "Massachusetts M.G.L. c. 272 § 29 does not exempt online sales to adults from the obscenity dissemination offense; the statute's definition of 'disseminate' and 'matter' reach electronic communications transmitted via the Internet or wireless networks regardless of recipient age.\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“Section 29. 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. A prosecution commenced under this section shall not be continued without a finding nor placed on file. It shall be a defense under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.”\n\nNote: The obscenity statute (§ 29) applies regardless of recipient age or online vs. physical. Sales to adults 18+ of obscene matter remain prohibited. The 'matter' definition in § 31 explicitly includes electronic communications via Internet. The statute reaches all recipients including adults.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section29", "last_verified": "2026-10-15", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "Section 29. 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. A prosecution commenced under this section shall not be continued without a finding nor placed on file. It shall be a defense under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.", "volatility": "low", "from_batch": "639-massachusetts-obscenity-and-distribution", "subject": "Massachusetts General Laws Chapter 272 Section 29", "topic": "online sales to adults determination", "applies_to_country": "*", "tags": { "lane": "any", "stage": "any", "region": [ "us-ma" ], "platform": "any", "topic": [ "rules.content", "money.pricing" ], "explicitness": "explicit_solo" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r639_massachusetts_obscenity_and_distribution_ma_ch272_sec28_defenses", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272 Section 28: statutory defenses", "summary": "[Unverified - being checked] Under Massachusetts M.G.L. c. 272 § 28, defenses to the harmful-to-minors dissemination offense include: (1) being in a parental or guardianship relationship with the minor; and (2) being a bona fide school, museum, library, or acting as an employee of such organization or a retail outlet affiliated with and serving the educational purpose of such organization.", "body": "Under Massachusetts M.G.L. c. 272 § 28, defenses to the harmful-to-minors dissemination offense include: (1) being in a parental or guardianship relationship with the minor; and (2) being a bona fide school, museum, library, or acting as an employee of such organization or a retail outlet affiliated with and serving the educational purpose of such organization.\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“It shall be a defense in a prosecution under this section that the defendant was in a parental or guardianship relationship with the minor. It shall also be a defense in a prosecution under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.”\n\nNote: These are the two affirmative defenses explicitly stated in § 28 for harmful-to-minors dissemination. The parental/guardianship defense is specific to § 28 (not present in § 29).", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28", "last_verified": "2026-10-15", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "It shall be a defense in a prosecution under this section that the defendant was in a parental or guardianship relationship with the minor. It shall also be a defense in a prosecution under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.", "volatility": "low", "from_batch": "639-massachusetts-obscenity-and-distribution", "subject": "Massachusetts General Laws Chapter 272 Section 28", "topic": "statutory defenses", "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_r639_massachusetts_obscenity_and_distribution_ma_ch272_sec29_bona_fide_defense", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272 Section 29: statutory defense", "summary": "[Unverified - being checked] Under Massachusetts M.G.L. c. 272 § 29, the bona fide school, museum, library, or affiliated retail outlet defense exists for the obscene matter dissemination offense.", "body": "Under Massachusetts M.G.L. c. 272 § 29, the bona fide school, museum, library, or affiliated retail outlet defense exists for the obscene matter dissemination offense.\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“It shall be a defense under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.”\n\nNote: Bona fide defense in § 29 is identical to § 28's second defense, but § 29 lacks the parental/guardianship defense that § 28 has explicitly.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section29", "last_verified": "2026-10-15", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "It shall be a defense under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.", "volatility": "low", "from_batch": "639-massachusetts-obscenity-and-distribution", "subject": "Massachusetts General Laws Chapter 272 Section 29", "topic": "statutory defense", "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_r639_massachusetts_obscenity_and_distribution_ma_ch272_sec28_no_minimization_prosecution", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272 Section 28: prosecution procedure", "summary": "[Unverified - being checked] Under Massachusetts M.G.L. c. 272 § 28, a prosecution for disseminating matter harmful to minors shall not be continued without a finding or placed on file.", "body": "Under Massachusetts M.G.L. c. 272 § 28, a prosecution for disseminating matter harmful to minors shall not be continued without a finding or placed on file.\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“A prosecution commenced under this section shall not be continued without a finding or placed on file.”\n\nNote: This language means the case must proceed to a finding or resolution - it cannot simply be dismissed without determination. Applies to both § 28 and § 29 prosecutions.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section28", "last_verified": "2026-10-15", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "A prosecution commenced under this section shall not be continued without a finding or placed on file.", "volatility": "low", "from_batch": "639-massachusetts-obscenity-and-distribution", "subject": "Massachusetts General Laws Chapter 272 Section 28", "topic": "prosecution procedure", "applies_to_country": "*", "tags": { "lane": "any", "stage": "trouble", "region": [ "us-ma" ], "platform": "any", "topic": [ "rules.enforcement" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r639_massachusetts_obscenity_and_distribution_ma_ch272_sec29_no_minimization_prosecution", "category": "Safety", "title": "[Unverified - being checked] Massachusetts General Laws Chapter 272 Section 29: prosecution procedure", "summary": "[Unverified - being checked] Under Massachusetts M.G.L. c. 272 § 29, a prosecution for disseminating obscene matter shall not be continued without a finding nor placed on file.", "body": "Under Massachusetts M.G.L. c. 272 § 29, a prosecution for disseminating obscene matter shall not be continued without a finding nor placed on file.\n\nWhat The General Court of the Commonwealth of Massachusetts actually says:\n\n“A prosecution commenced under this section shall not be continued without a finding nor placed on file.”\n\nNote: Prosecutorial requirement that cases proceed to a finding rather than being dismissed without resolution. This language appears identically in both § 28 and § 29.", "source_type": "official", "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section29", "last_verified": "2026-10-15", "reliability": "STRONG PRACTICE", "source_tier": "A", "source_publisher": "The General Court of the Commonwealth of Massachusetts", "evidence_quote": "A prosecution commenced under this section shall not be continued without a finding nor placed on file.", "volatility": "low", "from_batch": "639-massachusetts-obscenity-and-distribution", "subject": "Massachusetts General Laws Chapter 272 Section 29", "topic": "prosecution procedure", "applies_to_country": "*", "tags": { "lane": "any", "stage": "trouble", "region": [ "us-ma" ], "platform": "any", "topic": [ "rules.enforcement" ], "explicitness": "explicit_solo" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } } ] }