Commonwealth v. Bundy

Ireland, CJ.

On November 4, 2010, a Superior Court jury convicted the defendant, Jeffery Bundy, on an amended indictment charging him with posing or exhibiting a child in a state of sexual conduct, G. L. c. 272, § 29A (b).2 The case was tried under the “live performance” prong of the statute. Represented by new counsel on appeal, the defendant argues that the judge erroneously denied his motion for a required finding because the Commonwealth did not prove that the victim’s conduct satisfied the statutory definition of a “live performance.” The defendant also maintains that expert testimony was…