Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1174 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1993 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1174
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul W. Mark
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act protecting minors from the creation of computer-generated child sexual abuse visual
13	13	materials.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Paul W. MarkBerkshire, Hampden, Franklin and
17	17	Hampshire
18	18	Joanne M. ComerfordHampshire, Franklin and Worcester2/3/2025 1 of 2
19	19	SENATE DOCKET, NO. 1993 FILED ON: 1/17/2025
20	20	SENATE . . . . . . . . . . . . . . No. 1174
21	21	By Mr. Mark, a petition (accompanied by bill, Senate, No. 1174) of Paul W. Mark and Joanne
22	22	M. Comerford for legislation to protect minors from the creation of computer-generated child
23	23	sexual abuse visual materials. The Judiciary.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act protecting minors from the creation of computer-generated child sexual abuse visual
30	30	materials.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 272 of the General Laws is hereby amended by inserting after
34	34	2section 29D the following section:
35	35	3 Section 29E. (a) Whoever, either with knowledge that a person is a minor or while in
36	36	4possession of such facts giving reason to know that such person is a minor, and with lascivious
37	37	5intent, creates child sexual abuse visual material shall be punished by imprisonment in the house
38	38	6of correction for not more than 2½ years, or by imprisonment in the state prison for not more
39	39	7than 10 years, or by a fine of not less than $10,000 nor more than $50,000, or by both such fine
40	40	8and imprisonment.
41	41	9 (b) For the purposes of this section, the determination of whether the child in any child
42	42	10sexual abuse visual material prohibited hereunder is a minor may be made by: (i) the personal
43	43	11testimony of the child, (ii) the testimony of a person who produced, processed, published, printed 2 of 2
44	44	12or manufactured such child sexual abuse visual material that the child in the material was known
45	45	13by the person to be a minor, (iii) testimony of a person who observed the visual material, or (iv)
46	46	14expert medical testimony as to the age of the child based upon the child's physical appearance,
47	47	15by inspection of the visual material or by any other method authorized by any general or special
48	48	16law or by any applicable rule of evidence.
49	49	17 SECTION 2. Section 31 of chapter 272 of the General Laws, as appearing in the 2022
50	50	18Official Edition, is hereby amended by inserting after the figure “twenty-nine B”, in lines 2 and
51	51	193, the following figure: 29D.
52	52	20 SECTION 3. Said section 31 of said chapter 272, as so appearing, is hereby further
53	53	21amended by inserting before the definition of “Disseminate” the following definition:
54	54	22 “Child sexual abuse visual material”, visual material including, but not limited to, any
55	55	23photograph, film, video, picture or computer-generated image or picture depicting sexual
56	56	24conduct, sexual excitement, or a minor in a state of nudity or partial nudity that has been created,
57	57	25adapted, modified, mechanically or chemically reproduced or altered, including, but not limited
58	58	26to, through digitization, in a manner that would falsely appear to a reasonable person to be, or
59	59	27include, an authentic representation or depiction of a minor.
60	60	28 SECTION 4. The provisions of section III above also apply to Ch. 272 Sec. 29C,
61	61	29“Knowing purchase or possession of visual material of child depicted in sexual conduct;
62	62	30punishment.”