Commonwealth v. Paul

After a jury-waived trial, the defendant was convicted of enticing a minor under the age of sixteen, and dissemination of matter harmful to a minor.2 He appeals only the dissemination to a minor conviction, arguing that the harmful matter was disseminated to an adult police officer, not a minor, as required by the statute in effect at the time of the charged offense. We affirm.

On November 20, 2009, when the defendant was charged with disseminating harmful matter to a minor, the statute in effect, G. L. c. 272, § 28, read, "Whoever disseminates to a minor any matter harmful to minors,3 as…