Possession of Child Pornography Defense in Boston

Massachusetts Possession Charges Under Chapter 272, Section 29C

Massachusetts General Laws chapter 272, section 29C addresses the knowing purchase or possession of certain visual reproductions or computer depictions involving a person under 18. Depending on the allegations, the statute can cover actual or simulated depictions that fall within its defined circumstances.

For a possession of child pornography charge, the prosecution must establish more than the existence of material on a device. The evidence must support allegations that the accused knowingly possessed it, knew its nature or content, and knew or reasonably should have known that the depicted person was under 18.

Possession may be actual or constructive. Under a constructive possession theory, possession may be inferred when a person knew the material was present and had both the ability and intention to control it. Shared devices, multiple account users, and third-party access can therefore become central factual issues.

How Digital Evidence Can Affect a Possession Case

A forensic examination can reveal file locations, download records, account activity, metadata, browser data, and other technical information. How investigators interpret that data matters. A cached, automatically created, deleted, or unopened file may raise different questions than one deliberately downloaded and retained.

Important digital-evidence issues may include:

• Device Access: Who used the computer, phone, storage device, network, or cloud account?
• File History: How and when were files created, downloaded, opened, moved, or deleted?
• User Attribution: Does the forensic evidence reliably connect a specific person to the relevant activity?
• Knowledge and Control: Did the accused know the material existed and have the ability and intent to control it?
• Third-Party Activity: Could another user, a compromised account, a remote connection, or an automated process explain the data?

Search Warrants, Seizures, & Suppression Motions

Investigators may obtain digital evidence through a search warrant, consent search, device seizure, account request, or forensic examination. Each method can raise questions about legal authorization, the scope and execution of the search, and whether the evidence was properly preserved and interpreted.

A suppression motion asks a judge to exclude evidence obtained in violation of the accused’s legal rights. Whether such a motion is available depends on the warrant, supporting affidavit, consent, investigative methods, and other facts. Lack of knowledge, lack of possession or control, mistaken attribution, and third-party access may present separate defense issues.

State, Federal, & Registration Consequences

Possession under chapter 272, section 29C is a Massachusetts felony that can carry imprisonment and fines. Sentencing options and other consequences depend on the charge, prior record, evidence, and outcome of the case.

A conviction can also create sex offender registration obligations administered by the Massachusetts Sex Offender Registry Board. The precise offense and case outcome determine how those obligations apply.

Federal allegations proceed under different statutes and sentencing rules and may involve different investigative agencies. Whether a case falls within state or federal jurisdiction depends on the charge, the evidence, and the authority of the investigating agencies and courts.

Where Boston Cases Proceed & What Happens Next

The Boston Municipal Court handles criminal proceedings within its jurisdiction in the City of Boston. Suffolk County Superior Court also handles criminal matters within its jurisdiction, including cases that proceed through indictment. The alleged offense and charging document help determine where a case proceeds.

Possible stages include arraignment, consideration of bail or release conditions, discovery, pretrial motions, negotiations, evidentiary hearings, and trial. The path depends on the court, prosecution decisions, disputed evidence, and defense strategy.

Get Clarity Before Taking the Next Step

Contact Degiacomo & Mikhlin, P.C. for a free initial consultation about an investigation, search, arrest, or criminal complaint. The firm provides direct attorney access and clear explanations of the evidence, legal risks, and possible next steps.

Call (617) 941-3666 to speak directly with an attorney.