The Massachusetts Supreme Judicial Court recently decided the case of Commonwealth v. Kereakoglow, and reversed the defendant’s conviction after jury trial on the criminal charges of Possession with Intent to Disseminate Material Harmful to Minors, in violation of Massachusetts General Laws Chapter 272, Section 28.
The defendant, residing in South Hadley (Hampshire County), allegedly sent three nude images of himself via e-mail to a police officer posing online as a fifteen year old girl living in Wenham (Essex County). The criminal offense of Possession with Intent to Disseminate Material Harmful to Minors requires the prosecutor to prove to the jury that the material was “harmful to minors.” Massachusetts General Laws Chapter 272, Section 31 defines material that is harmful to minors as material that is “obscene” or if taken as a whole:
- rerpesents sexual images so as to appeal to the prurient interest of minors;
- is patently contrary to the prevailing standards of adults in the county where the offense was committed; and