Commonwealth v. Matt H. Zubiel

Summary

The Massachusetts Supreme Judicial Court held that electronically transmitted text in online conversations is not "matter" under G. L. c. 272, § 31, for purposes of prosecuting attempted dissemination of matter harmful to a minor under § 28. Construing the statute strictly, the court concluded that instant messages were neither visual representations nor handwritten or printed material, and reversed the defendant's convictions.

Holdings

1. Purely textual online conversations are not visual representations within the meaning of G. L. c. 272, § 31.
2. Electronically transmitted text that is neither written with pen or pencil nor mechanically printed on paper is not handwritten or printed material under G. L. c. 272, § 31.
3. The convictions could not stand because the electronically transmitted conversations did not constitute matter covered by G. L. c. 272, § 31.

Questions Presented

1. Whether electronically transmitted text or online conversations constitute a visual representation under the definition of matter in G. L. c. 272, § 31.
2. Whether electronically transmitted text or online conversations constitute handwritten material or printed material under G. L. c. 272, § 31.
3. Whether the evidence was sufficient to support convictions for attempted dissemination of matter harmful to a minor under G. L. c. 272, § 28.

Disposition

reversed