Loophole created by February court decision is about to be closed

(State House, Boston)  The State Senate yesterday unanimously passed legislation that would expand the existing ban on distributing obscene material to minors.  An amendment from Senator Cynthia Stone Creem (D/Newton) revises a statutory definition that was the subject of a controversial decision by the state’s highest court in February – a decision that created a loophole in the law and resulted in a conviction being overturned.  The Creem amendment, once enacted, will close this loophole.

In the case at issue, a man was convicted for sending obscene “instant messages” to an undercover police officer posing as a 13-year-old girl.  But the Supreme Judicial Court (SJC) held that the current law, originally enacted more than 40 years ago and citing “handwritten or printed material”, was not specific enough to cover such IM’s – or, by extension, e-mails, text messages, and the like.

“The new language will bring a 1967 statute into the 21st century,” said Sen. Creem, “and my amendment is written so as to cover not only current communication technologies but also methods that have yet to be developed.”

“The SJC challenged the Legislature to act if we wanted to close this loophole,” Sen. Creem stated.  “Now, after intensive research on how best to draft the new law in the tightest possible way, we have taken up that challenge, just weeks after the decision.” 

Sen. Creem’s amendment is now part of a larger bill that also addresses assaults by prisoners on correctional officers.  It is expected to be taken up in short order by the House and signed by the Governor.
                                                                ###