Commonwealth v. Bones

After a bench trial, the defendant was convicted of two counts of posing a child in a state of nudity for purposes of representation or reproduction in visual material, and possession of child pornography. See G. L. c. 272, §§ 29A (a ) & 29C. On appeal he contends that his convictions were duplicative because possession of child pornography is a lesser included offense of posing a child in a state of nudity. We affirm.

We apply the now familiar elements-based approach to the analysis of a claim of duplicative convictions set forth in Commonwealth v. Vick, 454 Mass. 418, 434-435 (2009). "The…