Representative Mark Falzone announced his sponsorship of legislation to include electronically generated or transmitted materials in the definition of “obscene matter”. This legislation a response to counteract the recent Supreme Judicial Court’s decision in Commonwealth v. Zubiel that unfortunately currently permits the transmission of obscene material to minors.

Representative Falzone stated “This bill is extremely important to the Commonwealth. It provides the tools necessary to prosecute and convict sexual predators, and it gives additional protections to our children. We must continue to be proactive in revising our laws as technology develops.”

The Supreme Judicial Court overturned the conviction of Matt Zubiel who was indicted for circulating obscene matter electronically to an undercover officer, who was posing as 13 year old. The conviction was overturned because current law requires that the obscene material must either be handwritten or printed, and does not include electronically transmitted material.

The new legislation will close the loophole that has been caused by the advancement of technology. It will help to ensure that children are protected from sexual predators in every aspect of their lives by making it illegal to use electronic devices including internet, instant message chats, and text messages to send obscene or harmful materials to minors.