Obscene Materials Boston's Go-To Criminal Defense Law Firm

Obscene Materials Defense Lawyer

Boston Sex Crimes Defense Attorney

The law states:

“Whoever disseminates any matter which is obscene, knowing it to be obscene, or whoever has in his possession any matter which is obscene, knowing it to be obscene, with intent to disseminate it, shall be punished.”

In order to prove a defendant guilty, the Commonwealth must prove three things beyond a reasonable doubt:

That the Material in Question is Obscene

The first element of the crime is that the material be obscene. The type of “matter” that is regulated by our law includes any printed material, visual representation, live performance, or sound recording, including but not limited to books, magazines, motion picture films, pamphlets, phonograph records, pictures, photographs, figures, statues, plays, and dances. Any such material is obscene if, taken as a whole, it meets all three of the following three requirements:

First Requirement: Appeals to Prurient Interest

The first requirement for something to be obscene is that, taken as a whole, it must appeal to the prurient interest of an average, adult person in this county. You are to determine this by applying the contemporary standards in this county on the date of the alleged offense. “Prurient interest” means “a shameful or morbid interest in nudity, sex, or excretion,” an unhealthy interest about sexual matters which is repugnant to prevailing moral standards.

Second Requirement: Patently Offensive

The second requirement for something to be obscene is that, taken as a whole, it must depict or describe sexual conduct in a way that would be obviously offensive to an average, adult person in this county. Again, you are to determine this by applying contemporary standards in this county on the date of the alleged offense.

Third Requirement: No Serious Value

The third requirement for something to be obscene is that a reasonable person would find that, taken as a whole, it has no serious literary, artistic, political or scientific value.

Disseminated the Material

That a defendant disseminated the matter, or possessed with intent to disseminate it.


That a defendant knew of the obscene character of the matter.

Contact a Boston Criminal Defense Lawyer

In order to be convicted of an obscene material charge, the Commonwealth must prove each of these three things beyond a reasonable doubt. You improve your situation when you entrust your case to a knowledgeable and experienced Boston criminal defense attorney. Brad Bailey has over 35 years of legal experience and has defended thousands of state criminal cases. He understand that your reputation, freedom, financial and property interests, and the well-being of your family is on the line. Contact Brad Bailey Law and get started on your defense strategy today.

Schedule an initial case evaluation with a dependable Boston defense lawyer.

Client Testimonials

Read How We Helped People in Your Shoes
    Hiring Brad was the smartest decision we could have made for our son.

    “We cannot recommend Brad Bailey more highly to anyone facing criminal charges in any court at any level.”

    - Anonymous
    We won and my entire case was a success thanks to Brad.

    “Brad Bailey is one of the best attorneys I've had. He's easy to talk to and listens. Gives great advice and is ready to do work hard for a positive outcome.”

    - Krysten O'Donnell
    When you want the very best service, the very best law intelligence, the very best outcome, I would look for Brad Bailey.

    “This is one smart and hard-working attorney. He is attentive and he was ready to fight any angle the prosecutors could come up with. His experience in the legal forum is significant and it shows.”

    - Canda Share
    Would hire him again!

    “Would hire him again! Really listened to our situation to help us the best he could.”

    - Gina Itor
    Exceptional representation!

    “It was great having such a knowledgeable and experienced counselor on my side. Understands the working of the system and puts that to good use for you. I highly recommend him for any criminal defense.”

    - Bubba Hagood

Free Consultation

See How Our Award-Winning Firm Can Fight for You
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.

Featured Case Results

Only Hire an Attorney Who Gets Results

  • Murder 1, Jury Trial Not Guilty
  • Federal Jury Trial - Obstructing Official Proceeding; Destruction of Records Not Guilty
  • Arson Occupied Dwelling/Bomb Federal Jury Trial Not Guilty
  • Aggravated (gang) Rape, Jury trial Not Guilty
  • Child Rape, Jury Trial Not Guilty
  • Perjury, Obstructing Justice, Federal Jury Trial Not Guilty
  • Forcible Rape, Jury Trial Not Guilty
  • Trafficking in Cocaine, Jury Trial Not Guilty
  • Rape Appeal, Supreme Judicial Court VERDICT REVERSED, INDICTMENT DISMISSED
  • Aggravated Felonious Sex Assault, New Trial Motion GRANTED, INDICTMENT DISMISSED
  • Murder 1, Jury Trial HUNG JURY
  • Murder 1 , New Trial Motion Granted

See Why We Are Boston's Go-To Defense Firm

Brad Bailey Is Without Question One of the Most Experienced Criminal Defense Attorneys in Boston
  • Impressive Results Across the Nation
  • Team Approach to Handling Your Case
  • Experience as a Former Prosecutor
  • One of The Nation's Top Firms
  • Boston Herald
  • Boston Globe
  • Bloomberg News
  • New England Cable News
  • Boston 25
  • KTLA
  • NPR
  • 90.9 wbur
  • iHeart Radio
  • NBC
  • FOX 25
  • CNN
  • 790 KABC
  • NBC Nightly News
  • WGBH
  • 7 WHDW
  • New England Sports Network