Massachusetts Criminal Defense Attorney Blog
Two days ago Raymond McAllister of Woburn, Massachusetts was charged with several Massachusetts Sex Crimes. The crimes alleged include Enticement of a Child, Posing or Exhibiting a Child in a State of Nudity and Dissemination of Matter Harmful to a Child. It is alleged that had a Skype video connection with a thirteen year old boy from Arizona. The defendant asked the boy to engage in sexual acts that could be viewed while the two were Skyping. The victim told law enforcement officials in Arizona. The investigation led them to McAllister who was just arraigned on these cases. A headline to an article in the Lawrence Eagle Tribune identified this crime as Child Pornography related. Bail was set in the amount of ten thousand dollars with house arrest and an order that the defendant not use the internet.
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Massachusetts Child Enticement Defense Lawyer
Massachusetts General Laws Chapter 272 Section 28 makes it a crime for anyone to Disseminate Matter Harmful to Minors. The conduct must be done knowingly meaning that the defendant must know that the matter is harmful to minors and he must believe or know that the person is a minor. For the purpose of this statute the work “knowing” requires a general awareness of the character of the matter. Matter is deemed harmful to minors where it is obscene, contains sexual content or nudity, lacks artistic value and contravenes “prevailing standards of adults in the county where the offense was committed as to suitable material for such minors”. A conviction for this offense carries a potential five year state prison sentence, making it a felony. The Massachusetts District Courts do have jurisdiction over this crime. The statute sets out certain Affirmative Defenses to this crime as well.
Child Enticement in Massachusetts is a crime under Massachusetts General Laws Chapter 265 Section 26(c). The word “entice” maintains its usual meaning for the purpose of this law. Anyone entices when he lures, persuades, invites, coaxes, etc. The statute makes unlawful anyone who entices someone under the age of sixteen to “enter, exit or remain within” a particular place with intent that he is going to commit an enumerated Massachusetts Sex Crime. The penalty for a conviction under this law is also up to five years in state prison. This law also establishes jurisdiction within the district courts.
Massachusetts General Laws Chapter 272 Section 29A sets out the crime of Exhibiting a Child in a State of Nudity. As applicable to this case, the district attorney will have to prove that the defendant knew or should have known that the boy was under the age of eighteen and that he enticed him to pose in state of nudity, doing so with lascivious intent and for the purpose of representation or reproduction. This crime has a minimum mandatory ten year state prison sentence. The Massachusetts Superior Court has jurisdiction over this charge.
Sometimes cases like this one are defended by attacking the validity of the Search Warrant. If the Search Warrant Affidavit lacks sufficient probable cause the search could be deemed unconstitutional and the items seized during the search will be suppressed. This might ultimately affect the sustainability of the prosecution. However, in this case, since Skype was used there is a possibility that the victim can make an independent identification of the person who committed the act.
Our office defends Sex Crimes in Massachusetts including the crime charged in this case and Child Pornography. If you want to speak to us call 617-263-6800. You can also send us an email. Start your defense now.