Massachusetts
Massachusetts Pornography Laws (2026): No Age-Verification Law Yet
Independently fact-checked against primary sources (last audited August 20, 2026). · 7 primary sources cited on this page. How we verify our legal content
Pornography is legal to view and possess privately in Massachusetts. The state's obscenity statute reaches distribution and possession with intent to distribute, not private adult viewing, and unlike a growing number of states, Massachusetts has no age-verification law requiring adult websites to check a visitor's identification.
Is Pornography Legal in Massachusetts?
Massachusetts General Laws ch. 272, Section 29 makes it a crime to disseminate matter that is obscene, knowing it to be obscene, or to possess obscene matter, knowing it to be obscene, with the intent to disseminate it. The statute is written around distribution, not private consumption: a person who privately views or possesses obscene material without any intent to pass it along to someone else is not reached by Section 29.
A first offense carries up to 5 years in state prison or up to 2.5 years in a jail or house of correction, and a fine of $1,000 to $10,000. A second offense raises the fine range to $5,000 to $20,000, and a third or later offense raises it again to $10,000 to $30,000. Fine and imprisonment can be imposed together. Section 29 itself provides a single defense: that the defendant was a bona fide school, museum, or library, or was acting in the course of employment as an employee of such an organization or of a retail outlet affiliated with and serving that organization's educational purpose. There is no parental or guardianship defense in Section 29; that defense appears in ch. 272, Section 28, the separate harmful-to-minors statute discussed below. Massachusetts law also bars prosecutors from quietly dropping a Section 29 case; a prosecution "shall not be continued without a finding nor placed on file," meaning the case must be resolved on the record rather than shelved informally.
Massachusetts also has a civil injunction procedure at ch. 272, Section 30 that lets the state seek a court order against ongoing dissemination of obscene matter, separate from the criminal penalties above.
Massachusetts Has No Age-Verification Law for Adult Websites
As of 2026, Massachusetts has not enacted a law requiring pornography websites to verify a visitor's age, unlike Texas, Louisiana, Mississippi, and roughly two dozen other states that adopted such laws following the U.S. Supreme Court's June 2025 decision in Free Speech Coalition v. Paxton upholding Texas's version.
The closest Massachusetts proposal, House Bill 1626, would have required age verification for pornographic websites and allowed a private right of action for enforcement, framed partly around anti-trafficking concerns. It was referred to the Joint Judiciary Committee in February 2025, received hearings through the second half of 2025, and was sent to a study order in March 2026, a procedural move that shelves a bill without a floor vote rather than rejecting it outright. A separate bill, House Bill 4229, addresses age verification and notification timing for social media "addictive feed" features; it is not an adult-content law and should not be confused with House Bill 1626.
Because no Massachusetts law currently requires it, adult sites are not legally obligated to verify a visitor's age before granting access to a Massachusetts IP address. Some secondary reporting indicates Massachusetts has not appeared on geo-block lists that adult platforms maintain for states with active age-verification laws, though that has not been confirmed against any platform's own published list directly.
Material Harmful to Minors
Separate from general obscenity, ch. 272, Section 28 criminalizes purposefully disseminating matter harmful to minors to someone known or believed to be a minor, or possessing such matter with intent to distribute it to a minor. For electronic communications specifically, the person must have specifically intended to direct the communication to someone they knew or believed to be a minor.
The penalty structure mirrors adult obscenity distribution: a first offense carries up to 5 years in state prison or 2.5 years in a house of correction, or a fine of $1,000 to $10,000; a second offense raises the fine to $5,000 to $20,000; a third or later offense raises it to $10,000 to $30,000. Two affirmative defenses apply: a parental or guardianship relationship with the minor, or acting as a bona fide employee of a school, museum, library, or an affiliated retail outlet.
Massachusetts handles minors who create or share their own sexual images differently, through a separate sexting-diversion provision at ch. 272, Section 29D rather than through the harmful-to-minors or child sexual abuse material statutes. For the state's specific rules on minors and sexting, see Massachusetts' sexting laws page rather than this article, which does not duplicate that coverage.
Child Sexual Abuse Material
Massachusetts prosecutes production, dissemination, and possession of child sexual abuse material under separate sections of ch. 272 with sharply different penalty ranges depending on the conduct.
Posing or exhibiting a child in nudity or sexual conduct (Section 29A) and disseminating such material (Section 29B) both carry 10 to 20 years in state prison, or a fine of $10,000 to $50,000. For dissemination specifically, the fine can instead be three times the economic gain from the dissemination, whichever amount is greater.
Knowing purchase or possession of such material (Section 29C) carries a lower starting penalty that escalates sharply with repeat offenses: a first offense carries up to 5 years in state prison, or up to 2.5 years in a jail or house of correction, or a fine of $1,000 to $10,000; a second offense carries a mandatory minimum of 5 years in state prison and a fine of $5,000 to $20,000; a third or later offense carries a mandatory minimum of 10 years in state prison and a fine of $10,000 to $30,000.
Nonconsensual Intimate Images
Massachusetts criminalizes nonconsensual distribution of intimate images, including digitally altered or AI-generated depictions, under ch. 265, Section 43A, as amended by the 2024 Act to Prevent Abuse and Exploitation, effective September 18, 2024. The law reaches someone who knowingly distributes intimate visual material of an identifiable person with intent to harm, harass, intimidate, threaten, or coerce, or with reckless disregard for the likelihood the person depicted will suffer harm. Consent to the creation of an image does not establish consent to its distribution.
A first offense carries up to 2.5 years in a house of correction and a fine of up to $10,000. A repeat offense carries up to 2.5 years in a house of correction, or up to 10 years in state prison, and a fine of up to $15,000. Section 43A also covers general criminal harassment conduct, which carries a separate, lower penalty range of up to 2.5 years and a fine of up to $5,000.
This is a brief overview; for full coverage of Massachusetts' nonconsensual intimate image law alongside the federal Take It Down Act's national takedown process, see RecordingLaw's revenge porn laws by state resource.
Public Display and Indecent Exposure
Ch. 272, Section 53 covers indecent exposure and related conduct in two subsections. Subsection (a), covering "lewd, wanton and lascivious persons in speech or behavior" and "persons guilty of indecent exposure" among other categories, carries up to 6 months in jail or a house of correction, a fine of up to $200, or both. Subsection (b), covering disorderly persons and disturbers of the peace, carries a fine of up to $150 for a first offense and up to 6 months in jail, a fine of up to $200, or both for a second or later offense. Massachusetts law separately exempts elementary and secondary school students from delinquency findings under subsection (b) for conduct occurring in school buildings, on school grounds, or at school-related events.
Adult Business Licensing and Zoning
Massachusetts does not operate a single statewide licensing scheme for adult bookstores, theaters, or similar businesses. Instead, ch. 40A, Section 9A lets a city or town's zoning ordinance authorize special permits for adult bookstores, adult motion picture theaters, adult paraphernalia stores, adult video stores, and establishments that display live nudity. A municipality that adopts such a bylaw can set distance requirements from residential districts or from other adult establishments, and on one point the statute leaves no local discretion: the ordinance or bylaw must prohibit issuing a special permit to anyone convicted under ch. 119, Section 63 (inducing or abetting the delinquency of a child) or ch. 272, Section 28 (disseminating matter harmful to minors). Whether, and how strictly, an adult business is otherwise regulated in Massachusetts depends on the specific city or town rather than a uniform state rule.
Penalties at a Glance
| Offense | Statute | Penalty |
|---|---|---|
| Obscenity distribution / possession with intent (adult) | ch. 272, Section 29 | 1st: up to 5yr state prison or 2.5yr house of correction, $1,000-$10,000 fine; 2nd: $5,000-$20,000; 3rd+: $10,000-$30,000 |
| Distributing matter harmful to minors | ch. 272, Section 28 | Same structure as Section 29, fines to $30,000 |
| CSAM posing / dissemination | ch. 272, Sections 29A-29B | 10-20yr state prison, $10,000-$50,000 (or 3x economic gain for dissemination) |
| CSAM possession | ch. 272, Section 29C | 1st: up to 5yr/2.5yr, $1,000-$10,000; 2nd: min. 5yr, $5,000-$20,000; 3rd+: min. 10yr, $10,000-$30,000 |
| Nonconsensual intimate images | ch. 265, Section 43A | 1st: up to 2.5yr house of correction, up to $10,000; repeat: up to 2.5yr house of correction or up to 10yr state prison, up to $15,000 |
| Indecent exposure / disorderly conduct | ch. 272, Section 53 | Up to 6 months, up to $200 (subsec. a); up to $150 first offense, up to 6 months/$200 repeat (subsec. b) |
| Adult-content age-verification noncompliance | None enacted | Not applicable |
Practical Considerations
Massachusetts' criminal statutes govern private conduct, but they are not the only rules that can apply. Federal law, not Massachusetts law, imposes 18 U.S.C. Section 2257 record-keeping requirements on producers of sexually explicit content; state law does not separately require this. The federal Take It Down Act creates a separate nationwide notice-and-removal process for nonconsensual intimate images, alongside Massachusetts' own criminal law. Workplace and device policies, school policies, and internet service agreements can restrict or monitor pornography access well beyond anything the state criminal code addresses, and a Massachusetts statute permitting private adult viewing does not override those separate contractual or institutional rules.
This article is general legal information about Massachusetts law, not legal advice for a specific situation. Consult a Massachusetts attorney about how these statutes apply to particular facts.
Related Resources
- Pornography Laws by State
- Massachusetts Age Verification Law
- Massachusetts Sexting Laws
- Revenge Porn Laws by State
Last updated: 2026-08-20.
Frequently Asked Questions
Is watching pornography illegal in Massachusetts?
No. Massachusetts General Laws ch. 272, Section 29 criminalizes disseminating obscene material or possessing it with intent to disseminate it. Private adult viewing or possession without any intent to distribute is not itself a crime under this statute.
Does Massachusetts require age verification to view pornography online?
No, not as of 2026. House Bill 1626, the state's proposed age-verification law for pornography websites, was sent to a study order in March 2026 rather than passed. Massachusetts currently has no enacted age-verification requirement for adult websites.
What is the penalty for distributing obscene material in Massachusetts?
A first offense under ch. 272, Section 29 carries up to 5 years in state prison, or up to 2.5 years in a house of correction, and a fine of $1,000 to $10,000. Penalties increase for second and later offenses, reaching a fine of $10,000 to $30,000.
What happens if someone shares an intimate photo of me without my consent in Massachusetts?
Nonconsensual distribution of an intimate image, including a digitally altered or AI-generated image, is a crime under ch. 265, Section 43A. A first offense carries up to 2.5 years in a house of correction and a fine of up to $10,000; a repeat offense can reach 10 years in state prison.
Is possessing child sexual abuse material a felony in Massachusetts?
Yes. Under ch. 272, Section 29C, a first offense carries up to 5 years in state prison, or up to 2.5 years in a house of correction, and a fine of $1,000 to $10,000. Penalties rise sharply for repeat offenses, reaching a mandatory minimum of 10 years in state prison for a third offense.
Can a Massachusetts city or town ban an adult bookstore?
Massachusetts has no single statewide adult-business licensing law. Under ch. 40A, Section 9A, individual cities and towns may use zoning bylaws to require special permits and set distance requirements, and any such bylaw must refuse a permit to anyone convicted under ch. 119, Section 63 or ch. 272, Section 28. The practical rules otherwise vary by municipality.
Is Massachusetts considering an age-verification law for pornography sites?
A bill exists, House Bill 1626, but it was shelved into a study order in March 2026 rather than passed. A separate, unrelated bill, House Bill 4229, addresses social media age verification and should not be confused with the adult-content proposal.
What is the difference between Massachusetts' harmful-to-minors law and its child sexual abuse material law?
Ch. 272, Section 28 covers distributing sexual material to a minor and carries penalties up to 5 years in state prison. Ch. 272, Sections 29A through 29C cover material depicting an actual child, carrying far higher penalties, up to 20 years in state prison for posing or dissemination.
Updates
Corrected the Massachusetts obscenity defenses (Section 29 carries only the school, museum, or library defense; the parental or guardianship defense is in Section 28) and clarified that a municipal adult-use zoning bylaw is required, not merely permitted, to deny a special permit to anyone convicted under ch. 119, Section 63 or ch. 272, Section 28.
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Massachusetts General Laws, Chapter 272
§ 29Dissemination or possession of obscene matter; punishment; defenseIn force
Section 29. 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 the intent to disseminate the same, shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than one thousand nor more than ten thousand dollars for the first offense, not less than five thousand nor more than twenty thousand dollars for the second offense, or not less than ten thousand nor more than thirty thousand dollars for the third and subsequent offenses, or by both such fine and imprisonment. A prosecution commenced under this section shall not be continued without a finding nor placed on file. It shall be a defense under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.
Official text (excerpt) · last checked 2026-09-10 · Read the full text in our law library · Verify at malegislature.gov
§ 28Matter harmful to minors, dissemination; possession; defensesIn force
Section 28. Whoever purposefully disseminates to a person he knows or believes to be a minor any matter harmful to minors, as defined in section 31, knowing it to be harmful to minors, or has in his possession any such matter with the intent to disseminate the same to a person he knows or believes to be a minor, shall be punished by imprisonment in the state prison for not more than 5 years or in a jail or house of correction for not more than 21/2 years, or by a fine of not less than $1000 nor more than $10,000 for the first offense, not less than $5000 nor more than $20,000 for the second offense, or not less than $10,000 nor more than $30,000 for a third or subsequent offenses, or by both such fine and imprisonment. A person who disseminates an electronic communication or possesses an electronic communication with the intent to disseminate it shall not be found to have violated this section unless he specifically intends to direct the communication to a person he knows or believes to be a minor. A prosecution commenced under this section shall not be continued without a finding or placed on file.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
Cited in 74 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Commonwealth v. Zone Book, Inc. (Massachusetts Supreme Judicial Court 1977, 372 Mass. 366)“…at word and that this meaning comports with the purposes of G.L.c. 272, §§ 28-32. Because the Commonwealth failed to…”
- Commonwealth v. 707 Main Corp. (Massachusetts Supreme Judicial Court 1976, 371 Mass. 374)“…te allowed decisions under an in rem proceeding, similar to G. L. c. 272, § 28, to bar relitigation of the issue of ob…”
- Commonwealth v. Meola (Massachusetts Appeals Court 2019, 95 Mass. App. Ct. 303)“…ssemination of obscene material to a minor in violation of G. L. c. 272, § 28. The defendant argues that the judge e…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 29APosing or exhibiting child in state of nudity or sexual conduct; punishmentIn force
Section 29A. (a) Whoever, either with knowledge that a person is a child under eighteen years of age or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, and with lascivious intent, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to pose or be exhibited in a state of nudity, for the purpose of representation or reproduction in any visual material, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
Cited in 44 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Planned Parenthood League of Massachusetts, Inc. v. Operation Rescue (Massachusetts Supreme Judicial Court 1990, 406 Mass. 701)“…tutionality of the Massachusetts child pornography statute, G.L.c. 272, § 29A (1986 ed.), prior to its most recent am…”
- Commonwealth v. Dockham (Massachusetts Supreme Judicial Court 1989, 405 Mass. 618)“…(7) the constitutionality of the child pornography statute, G. L. c. 272, § 29A (1988 ed.); and (8) the constitutionali…”
- Commonwealth v. Oakes (Massachusetts Supreme Judicial Court 1990, 407 Mass. 92)“…988), reversing the defendant's conviction for violation of G.L.c. 272, § 29A (1986 ed.), [1] because of constitutio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 29BDissemination of visual material of child in state of nudity or sexual conduct; punishmentIn forcecited in 2 of our articles
Section 29B. (a) Whoever, with lascivious intent, 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, knowing the contents of such visual material or having sufficient facts in his possession to have knowledge of the contents thereof, or has in his possession any such visual material knowing the contents or having sufficient facts in his possession to have knowledge of the contents thereof, with the intent to disseminate the same, shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
Cited in 24 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Doe v. Sex Offender Registry Board (Massachusetts Supreme Judicial Court 2013, 466 Mass. 594)“…c. 272, § 4B, and the dissemination of child pornography, G. L. c. 272, § 29B, within the ambit of the sex offender r…”
- Perry v. Commonwealth (Massachusetts Supreme Judicial Court 2002, 438 Mass. 282)“…o disseminate, what is commonly called “child pornography.” G. L. c. 272, § 29B (a) and (b). We hold that it does, an…”
- Commonwealth v. Dingle (Massachusetts Appeals Court 2008, 73 Mass. App. Ct. 274)“…unts of distributing child pornography, all in violation of G. L. c. 272, § 29B. On appeal, the defendant argues that (…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Massachusetts Sexting Laws: Legal Consequences and Penalties
§ 29CKnowing purchase or possession of visual material of child depicted in sexual conduct; punishmentIn forcecited in 3 of our articles
Section 29C. Whoever knowingly purchases or possesses 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 and such child is: (i) actually or by simulation engaged in any act of sexual intercourse with any person or animal; (ii) actually or by simulation engaged in any act of sexual contact involving the sex organs of the child and the mouth, anus or sex organs of the child and the sex organs of another person or animal; (iii) actually or by simulation engaged in any act of masturbation; (iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal; (v) actually or by simulation engaged in any act of excretion or urination within a sexual context; (vi) actually or by simulation portrayed or depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; or (vii) depicted or portrayed in any pose, posture or setting…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
Cited in 64 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Commonwealth v. Kenney (Massachusetts Supreme Judicial Court 2007, 449 Mass. 840)“…t charging possession of child pornography, in violation of G. L. c. 272, § 29C. 1 Prior to trial, the defendant moved…”
- Commonwealth v. Anthony (Massachusetts Supreme Judicial Court 2008, 451 Mass. 59)“…tments with possession of child pornography in violation of G. L. c. 272, § 29C. 1 He filed a consolidated motion to s…”
- Commonwealth v. Sullivan (Massachusetts Appeals Court 2012, 82 Mass. App. Ct. 293)“…convicted of one count of possession of child pornography, G. L. c. 272, § 29C(vii), and possession of child pornograp…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Massachusetts Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)
§ 29DPossession, purchase or dissemination by minor of visual material of child in state of nudity or depicted in sexual conduct; punishmentIn forcecited in 3 of our articles
Section 29D. (a) Whoever, while under the age of criminal majority, possesses, purchases or disseminates, including by uploading to an internet website, any visual material, as defined in section 31, in violation of section 29B or 29C may be punished in accordance with section 58 of chapter 119. (b) For the purposes of this section, knowingly disseminating visual material by: (i) reporting the matter to a law enforcement agency, to the department of elementary and secondary education or to a parent, foster parent, guardian, teacher, principal or other relevant school personnel; or (ii) affording a law enforcement agency, the department of elementary and secondary education or a parent, foster parent, guardian, teacher, principal or other relevant school personnel access to the visual material for purposes within the agency's, department's or person's position, authority or capacity shall not constitute dissemination in violation of this section.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at malegislature.gov
§ 30Injunctive relief against dissemination of obscene matter; jurisdiction; procedures; appealIn force
Section 30. The superior court shall have jurisdiction to enjoin the dissemination of any matter which is obscene. The attorney general or a district attorney within his district may request an injunction against any person, firm, or corporation which disseminates or is about to disseminate any matter which is obscene. The person, firm, or corporation sought to be enjoined shall be entitled to a trial on the merits within one day after filing of responsive pleadings and a decision shall be rendered by the court within two days of the conclusion of the trial. A justice of the superior court may issue a preliminary injunction pending the trial on the merits against such person, firm, or corporation which disseminates or is about to disseminate any matter which is obscene. No preliminary injunction shall be issued without notice to the adverse party.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 1982
Opinions citing this section in our collection:
- Commonwealth v. 707 Main Corp. (Massachusetts Supreme Judicial Court 1976, 371 Mass. 374)“…irst, a prior civil proceeding against this defendant under G. L. c. 272, § 30, collaterally estopped the Commonwealth…”
- District Attorney for the Northern District v. Three Way Theatres Corp. (Massachusetts Supreme Judicial Court 1976, 371 Mass. 391)“…Hennessey, C.J. Three civil cases commenced pursuant to G. L. c. 272, § 30, in different counties, were consolidat…”
- Demetropolos v. Commonwealth (Massachusetts Supreme Judicial Court 1961, 342 Mass. 658)“…hat the Legislature in the amendment of *661 G. L. c. 272, § 30, by St. 1956, c. 724, § 1, relating to…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 53Penalty for certain offensesIn force
Section 53. (a) Common night walkers, common street walkers, both male and female, persons who with offensive and disorderly acts or language accost or annoy another person, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and disorderly houses, and persons guilty of indecent exposure shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment. (b) Disorderly persons and disturbers of the peace shall, for a first offense, be punished by a fine of not more than $150. For a second or subsequent offense, disorderly persons and disturbers of the peace shall be punished by imprisonment in a jail or house of correction for not more than 6 months or by a fine of not more than $200 or by both such fine and imprisonment; provided, however, that an elementary or secondary school student shall not be adjudged a delinquent child for a violation of this subsection for such conduct within school buildings or on school grounds or in the course of school-related events.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
Cited in 235 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Commonwealth v. a Juvenile (Massachusetts Supreme Judicial Court 1975, 368 Mass. 580)“…Court, that the “idle and disorderly persons” provision of G. L. c. 272, § 53, cannot constitutionally be the basis f…”
- Commonwealth v. King (Massachusetts Supreme Judicial Court 1977, 374 Mass. 5)“…ofsky, and Diane King, all were convicted for violations of G. L. c. 272, § 53. Jones and Astrofsky were convicted in…”
- Commonwealth v. Chou (Massachusetts Supreme Judicial Court 2001, 433 Mass. 229)“…pposite sex with offensive and disorderly acts or language. G. L. c. 272, § 53. 1 On appeal he claims that the judge…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Massachusetts General Laws, Chapter 265
§ 43ACriminal harassment; punishmentIn forcecited in 6 of our articles
Section 43A. (a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than 21/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment. The conduct or acts described in this paragraph shall include, but not be limited to, conduct or acts conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.
Official text (excerpt) · last checked 2026-08-30 · Read the full text in our law library · Verify at malegislature.gov
Cited in 55 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Commonwealth v. Welch (2005) held a conviction under G. L. c. 265, section 43A requires three or more incidents targeted at a specific person, and read the statute to reach only unprotected speech. Commonwealth v. Johnson (2014) rejected facial and as-applied First Amendment challenges in a cyberharassment case.
Opinions citing this section in our collection:
- O'BRIEN v. Borowski (Massachusetts Supreme Judicial Court 2012, 461 Mass. 415)✓Reviewing a civil harassment order a police officer obtained over repeated middle-finger gestures, the court construed Chapter 258E and, departing from Welch, stated that Section 43A reaches both fighting words and true threats.
- Commonwealth v. Welch (Massachusetts Supreme Judicial Court 2005, 444 Mass. 80)✓A woman was convicted under the criminal harassment statute for homophobic remarks made over more than a year and a half; the court read Section 43A to require at least three incidents, refused to count acts predating the statute, and reversed for insufficient evidence.
- Commonwealth v. Walters (Massachusetts Supreme Judicial Court 2015, 472 Mass. 680)✓After a breakup, a man targeted his former fiancee at their jointly owned home by shutting off the water, fouling the toilets, and planting a sign that blocked her access; the court affirmed his conviction under Section 43A and rejected his free-speech defense.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Massachusetts GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026), Massachusetts Drone Laws (2026): Privacy, Trespass, and Warrant Rules, Massachusetts Employee Monitoring Laws (2026): What Employers Can Track
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Sources and References
- Mass. Gen. Laws ch. 272, Section 29 (Dissemination or possession of obscene matter)(malegislature.gov).gov
- Mass. Gen. Laws ch. 272, Section 28 (Dissemination of matter harmful to minors)(malegislature.gov).gov
- Mass. Gen. Laws ch. 272, Sections 29A-29C (Child sexual abuse material)(malegislature.gov).gov
- Mass. Gen. Laws ch. 265, Section 43A (Criminal harassment; nonconsensual dissemination of intimate images)(malegislature.gov).gov
- Mass. Gen. Laws ch. 272, Section 53 (Penalty for certain offenses)(malegislature.gov).gov
- Mass. Gen. Laws ch. 40A, Section 9A (Special permits for adult-oriented businesses)(malegislature.gov).gov
- Massachusetts House Bill 1626 (194th General Court), bill status(malegislature.gov).gov
- Mass. Gen. Laws ch. 119, Section 63 (Inducing or abetting delinquency of child)(malegislature.gov)