Malden Man To Be Indicted On Child Pornography Charges

The Malden
Observer reported that a Malden man was arrested and charged with
violating child pornography laws.  The defendant Daniel Morley has
already been convicted in the past.  The charges now pending against
Morley are two counts of possession of child pornography, second
offense and dissemination of child pornography.  He is being held on
$250,000 cash bail.  In January Morley was convicted of 10 counts of
child pornography and placed on probation.  The investigation started
when a Massachusetts Internet Crimes Task Force received information
that someone from Malden using an AOL screen name had sent child
pornography over the internet.  The police tracked the defendant
through his internet connection.  A search warrant was obtained and
executed at the defendant’s home.  Seized during the search was a
laptop kept under the defendants’ bed loaded with nearly 100 child
pornography videos. 

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Malden Sex Crimes Defense Lawyers

The charges against the defendant explained as follows:

Possession of child pornography is
a crime pursuant to Massachusetts General Laws Chapter 272 Section
29C.  The law states that anyone who buys or possesses certain
materials,( i.e.
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 shall
be punished if this material shows the child engaged in actual or
simulated  1) sexual intercourse, 2) oral sex, 3) masturbation, 4) lew
fondling, 5) excreting or urinating, 6) 
masochistic, or sadomasochistic abuse in any sexual context,
7)  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.

Conviction for a first offense can
subject you to up to 5 years in state prison.  Second offenses require
the person to serve 5 years in state prison.   These cases cannot be
continued without a finding. 

Dissemination of child pornographic material is a crime by Massachusetts General Laws Chapter 272 Section 29B. That law holds that anyone with lascivious intent who disseminates
any visual material that contains a representation or reproduction of
any posture or exhibition in a state of nudity involving the use of a
child who is under eighteen years of age shall be punished in state
prison for a mandatory 10 years. 

Anyone charged with one of these
offenses should call a lawyer immediately.  Cyber crimes are a
constantly emerging facet of criminal law and you need an experience Massachusetts criminal lawyer to defend you if you are charged with one of these offenses.