Massachusetts General Laws

Mass. Gen. Laws ch. 272, § 29C (2026)

Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment

✓ current as of July 2026
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Section 29C. Whoever knowingly purchases or possesses a negative, slide, book, magazine, film, videotape, photograph or other similar visual reproduction, or depiction by computer, of any child whom the person knows or reasonably should know to be under the age of 18 years of age and such child is:

(i) actually or by simulation engaged in any act of sexual intercourse with any person or animal;

(ii) actually or by simulation engaged in any act of sexual contact involving the sex organs of the child and the mouth, anus or sex organs of the child and the sex organs of another person or animal;

(iii) actually or by simulation engaged in any act of masturbation;

(iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal;

(v) actually or by simulation engaged in any act of excretion or urination within a sexual context;

(vi) actually or by simulation portrayed or depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; or

(vii) depicted or portrayed in any pose, posture or setting involving a lewd exhibition of the unclothed genitals, pubic area, buttocks or, if such person is female, a fully or partially developed breast of the child; with knowledge of the nature or content thereof 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 $1,000 nor more than $10,000, or by both such fine and imprisonment for the first offense, not less than five years in a state prison or by a fine of not less than $5,000 nor more than $20,000, or by both such fine and imprisonment for the second offense, not less than 10 years in a state prison or by a fine of not less than $10,000 nor more than $30,000, or by both such fine and imprisonment for the third and subsequent offenses.

A prosecution commenced under this section shall not be continued without a finding nor placed on file.

The provisions of this section shall not apply to a law enforcement officer, licensed physician, licensed psychologist, attorney or officer of the court who is in possession of such materials in the lawful performance of his official duty. Nor shall the provisions of this section apply to an employee of a bona fide enterprise, the purpose of which enterprise is to filter or otherwise restrict access to such materials, who possesses examples of computer depictions of such material for the purposes of furthering the legitimate goals of such enterprise.

Notes of Decisions
Cited in 67 cases (14 in the last 5 years), 2000–2025 · leading case: Commonwealth v. Rex, 11 N.E.3d 1060 (Mass. 2014).
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Commonwealth v. Rex, 11 N.E.3d 1060 (Mass. 2014). · cites it 18× “A Norfolk County grand jury indicted the defendant, John Rex, on seven counts of possession of child pornography, G. L. c. 272, § 29C, and seven counts of being a habitual offender, G.”
Commonwealth v. Sullivan, 972 N.E.2d 476 (Mass. App. Ct. 2012). · cites it 15× “272, § 29C(vii), and possession of child pornography as a subsequent offense, G. L. c. 272, § 29C. 1 He argues on appeal that the photograph of a naked adolescent girl that he printed from a computer at the Hingham public library (library) did not contain a lewd exhibition of…”
Commonwealth v. Kenney, 874 N.E.2d 1089 (Mass. 2007). · cites it 12× “, on an indictment charging possession of child pornography, in violation of G. L. c. 272, § 29C. 1 Prior to trial, the defendant moved to suppress approximately 323 computer images depicting children in a state *842 of nudity, or depicting children engaged in sexual conduct,…”
Commonwealth v. Crayton, 21 N.E.3d 157 (Mass. 2014). · cites it 2× “The defendant was convicted by a Superior Court jury on two indictments of possession of child pornography, in violation of G. L. c. 272, § 29C. 1 We granted the defendant’s application for direct appellate review.”
Commonwealth v. Rollins, 18 N.E.3d 670 (Mass. 2014). · cites it 5× “In this case, we are asked to identify the proper unit of prosecution for the possession of child pornography pursuant to G. L. c. 272, § 29C. The defendant, John K.”
Commonwealth v. Hall, 952 N.E.2d 951 (Mass. App. Ct. 2011). · cites it 6× “272, § 29A; and possession of child pornography, G. L. c. 272, § 29C. 2 *He complains that the judge erred in denying his motion for a required finding of not guilty on the indictment charging enticement of a child because the evidence was insufficient that the defendant, with…”
Commonwealth v. Anthony, 883 N.E.2d 918 (Mass. 2008). · cites it 3× “The defendant, Mark Anthony, was charged in three indictments with possession of child pornography in violation of G. L. c. 272, § 29C. 1 He filed a consolidated motion to suppress evidence seized pursuant to two search warrants, which *60 included: (1) the contents of a storage…”
Doe, SORB No. 523391 v. Sex Offender Registry Bd., 120 N.E.3d 1263 (Mass. App. Ct. 2019). “6 The examiner found that SORB had jurisdiction over Doe's out-of-State conviction because, under G.”
Commonwealth v. Hinds, 768 N.E.2d 1067 (Mass. 2002). · cites it 2× “G. L. c. 272, § 29C. A Superior Court judge denied a pretrial motion to suppress images found on his personal computer.”
Commonwealth v. Martinez, 71 N.E.3d 105 (Mass. 2017). · cites it 2× “The defendant, Adalberto Martinez, appeals from his conviction of possessing child pornography in violation of G. L. c. 272, § 29C. He challenges the denial of his motion to suppress computer evidence obtained pursuant to a search warrant.”
Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007). “Law § 11-208; Mass. Gen. Laws ch. 272, § 29C; Mich. Comp.”
Commonwealth v. Selavka, 14 N.E.3d 933 (Mass. 2014). · cites it 2× “Fifteen months after child pornography was discovered on his computer, the defendant pleaded guilty to eleven counts of possessing child pornography in violation of G. L. c. 272, § 29C. *503 In addition to a period of incarceration, the defendant was sentenced to a term of…”
Show all 67 citing cases →
— Mass. Gen. Laws ch. 272, § 29C(i) — 1 case
Commonwealth v. Sullivan, 972 N.E.2d 476 (Mass. App. Ct. 2012). “272, § 29C(vii), and possession of child pornography as a subsequent offense, G. L. c. 272, § 29C. 1 He argues on appeal that the photograph of a naked adolescent girl that he printed from a computer at the Hingham public library (library) did not contain a lewd exhibition of…”
— Mass. Gen. Laws ch. 272, § 29C(il) — 1 case
Commonwealth v. Kelley, 12 Mass. L. Rptr. 717 (Mass. Super. Ct. 2001).
— Mass. Gen. Laws ch. 272, § 29C(vii) — 7 cases
Commonwealth v. Sullivan, 972 N.E.2d 476 (Mass. App. Ct. 2012). “272, § 29C(vii), and possession of child pornography as a subsequent offense, G. L. c. 272, § 29C. 1 He argues on appeal that the photograph of a naked adolescent girl that he printed from a computer at the Hingham public library (library) did not contain a lewd exhibition of…”
United States v. Moon, 73 M.J. 382 (C.A.A.F. 2014).
Commonwealth v. Crayton, 102 N.E.3d 1001 (Mass. App. Ct. 2018).
Commonwealth v. Sullivan, 24 Mass. L. Rptr. 165 (Mass. Super. Ct. 2008).
Sullivan v. Marchilli, 827 F.3d 197 (1st Cir. 2016).
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