Commonwealth v. Oakes

We sustain the defendant’s challenge to the constitutionality of the statute under which he was convicted. A jury found the defendant guilty of violating G. L. c. 272, § 29A (1986 ed.), which, among other things, makes a crime of knowingly permitting a child under eighteen years of age “to pose or be exhibited in a state of nudity ... for purpose of visual representation or reproduction in any book, magazine, pamphlet, motion picture film, photograph, or picture1

*603The only evidence that arguably warranted a guilty finding showed that the defendant permitted his fifteen year old stepdaughter to…