Contact:  Amy Bacon                                                                     617-722-2810

February 24, 2010                                                                                           

(BOSTON) – State Representative Timothy R. Madden of Nantucket joined his colleagues in the Massachusetts House of Representatives in unanimously passing an amendment to prohibit the dissemination of obscene materials to minors through “any electronic communication.”

 “I am proud that the House was able to come together quickly to pass this important legislation to protect minors,” said Representative Madden.  “As our society becomes increasingly comfortable with electronic communication, the inclusion of electronic transmissions into these laws is important in order to allow our minors safe access to cell phones and the Internet.”

 The amendment, filed by Minority Leader Jones and Chairman O’Flaherty, Representative Madden, and others was raised in response to the Supreme Judicial Court’s decision in Commonwealth vs. Zubiel on February 5, 2010 in which the SJC ruled that “instant messages” do not fall under the prohibited mechanisms for sending obscene material to minors.

 The SJC decision went on to state that it was up to the legislature, rather than the court, to “include instant messaging or other electronically transmitted text” in the list of forms of communication that cannot be used to send obscene material to minors.

 Today’s amendment would add “any electronic communication including but not limited to any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system” to the list of prohibited methods of transmitting inappropriate material to minors.

The amendment was included in a bill establishing punishments for assault and battery on correctional officers with a bodily fluid which also passed the House unanimously.

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