Commonwealth v. O'Keefe

The defendant is alleged to have placed three sexually explicit notes inside a book in the classroom desk of a fifth grade student. The hand-lettered notes contained graphic sexual questions and offered the boy money to engage in various sexual acts. Four quarters were attached to one of the notes, and a dollar bill to another.

A complaint filed in the District Court charged the defendant with offering to engage in sexual conduct for a fee, G. L. c. 272, § 53A, and disseminating matter harmful to a minor, G. L. c. 272, § 28. Prior to trial, the District Court judge reported the following…