Massachusetts General Laws

Mass. Gen. Laws ch. 272, § 28 (2026)

Matter harmful to minors, dissemination; possession; defenses

✓ current as of July 2026

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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.

Notes of Decisions

Cited in 68 cases (14 in the last 5 years), 1930–2026 · leading case: Commonwealth v. Meola, 125 N.E.3d 103 (Mass. App. Ct. 2019).

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Commonwealth v. Meola, 125 N.E.3d 103 (Mass. App. Ct. 2019). · cites it 4× “*303 The defendant, Urbano Meola, appeals from his conviction, following a jury-waived trial, of dissemination of obscene material to a minor in violation of G. L. c. 272, § 28. The defendant argues that the judge erroneously admitted in evidence *304 a Facebook message 1 and…”

Commonwealth v. Jones, 471 Mass. 138 (Mass. 2015). · cites it 6× “265, § 13B, and one indictment charging dissemination of matter harmful to minors, in *139 violation of G. L. c. 272, § 28. 1 The defendant presents two claims on appeal.”

Commonwealth v. Buswell, 9 N.E.3d 276 (Mass. 2014). · cites it 6× “265, § 13B; and two charges of disseminating matter harmful to a minor, G. L. c. 272, § 28. The defendant’s motions for required findings of not guilty were denied.”

Commonwealth v. Wayne Foreman., 101 Mass. App. Ct. 398 (Mass. App. Ct. 2022). · cites it 3× “[409-411] This court reversed a criminal defendant's conviction of dissemination of matter harmful to minors, in violation of G. L. c. 272, § 28, but allowed the charge to be retried if the Commonwealth so chose, where, although the defendant failed to raise the issue either at…”

Commonwealth v. Ericson, 10 N.E.3d 127 (Mass. App. Ct. 2014). · cites it 5× “226, § 1, and of possession of matter harmful to minors with intent to disseminate, G. L. c. 272, § 28, as appearing in St. 1982, c.”

Commonwealth v. Zone Book, Inc., 361 N.E.2d 1239 (Mass. 1977). · cites it 2× “It might be argued that books, more so than magazines, have a longer life and thus there is a greater probability that over the course of that longer life they will find their way into the hands of more of those who fall within the class protected by G.L.c. 272, § 28 et seq.…”

Commonwealth v. Garcia, 120 N.E.3d 341 (Mass. App. Ct. 2019). · cites it 3× “*2 After a jury trial, the defendant, Cirilo Garcia, was convicted of dissemination of matter harmful to a minor, G. L. c. 272, § 28 ; rape of a child aggravated by age difference, G.”

Commonwealth v. King, 372 N.E.2d 196 (Mass. 1977). · cites it 2× “In somewhat analogous statutes, the Legislature has provided criminal penalties for the provider or seller, and not the customer or buyer, of obscene materials (G.L.c. 272, §§ 28, 29) and for the seller of goods, and not the buyer, in cases where the "Sunday law" is violated.”

United States v. Burdulis, 753 F.3d 255 (1st Cir. 2014). · cites it 2× “265, § 26C, and dissemination of matter harmful to minors, Mass. Gen. Laws ch. 272, § 28 . The warrant granted authorization to seize *259 all digital devices in Burdulis’s home, and to search them for any information linking Burdulis to the emails and for any “information…”

Commonwealth v. Dodgson, 952 N.E.2d 961 (Mass. App. Ct. 2011). · cites it 4× “Dodgson, of three counts of attempted dissemination of matter harmful to a minor within the meaning of G. L. c. 272, §§28 and 31; one count of dissemination of obscene matter within the meaning of G.”

Commonwealth v. Trainor, 374 N.E.2d 1216 (Mass. 1978). · cites it 2× “I do not consider distribution to minors in detail since it is not involved in this case, See G.L.c. 272, § 28; St. 1977, c. 917. [4] See, e.”

Commonwealth v. 707 Main Corp., 357 N.E.2d 753 (Mass. 1976). · cites it 2× “The statute allowed decisions under an in rem proceeding, similar to G.L.c. 272, § 28, to bar relitigation of the issue of obscenity by one not a party to the in rem proceeding.”

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