PERRY v. COMMONWEALTH


438 Mass. 282 (2002)

CHRISTOPHER PERRY v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

December 18, 2002.


Attorney(s) appearing for the Case

Richard J. Fallon for the plaintiff.

William J. Meade, Assistant Attorney General (Julie B. Ross, Assistant Attorney General, with him) for the Commonwealth.

Timothy J. Cruz, District Attorney, & Mary Lee, Assistant District Attorney, for the District Attorney for the Plymouth District, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, SOSMAN, & CORDY, JJ.


COWIN, J.

In this case, we are asked to decide whether the term "[v]isual material," as defined in G. L. c. 272, § 31, encompasses computer images for purposes of a prosecution for dissemination, or possession with intent to disseminate, what is commonly called "child pornography." G. L. c. 272, § 29B (a) and (b). We hold that it does, and affirm the order of the Superior Court denying Christopher Perry's (defendant's) motion to dismiss.

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