Com v Zubiel, SJC, 2/5/10

COMMONWEALTH v. ZUBIEL, FEBRUARY 5, 2010, SJC

Obscenity; “Matter.”

The defendant argued that the definition of “matter” as defined in G. L. c. 272, § 31 does not include electronically transmitted text, i.e. online conversations, for the purposes of a prosecution under G. L. c. 272, § 28, attempt to disseminate matter harmful to a minor. The SJC agreed with the defendant, finding the defendant’s online conversations did not constitute an attempt to distribute harmful matter. The court considered the meaning of the word “matter,” which is defined under G. L. c. 272, § 31 as “any handwritten or printed material, visual representation, live performance or sound recording….”