Perry v. Commonwealth

In this case, we are asked to decide whether the term “[vjisual material,” as defined in G. L. c. 272, § 31, encompasses computer images for purposes of a prosecution for dissemination, or possession with intent to disseminate, what is commonly called “child pornography.” G. L. c. 272, § 29B (a) and (b). We hold that it does, and affirm the order of the Superior Court denying Christopher Perry’s (defendant’s) motion to dismiss.

1. Facts. The matter is before us on a reservation and report of a single justice of this court. The parties have agreed to the following facts “for the purpose of this…