If a bill introduced to the Senate this week is passed it will allow the seizure of property of those convicted of possession, production, distribution, publication, or the sale of child pornography. The bill also allows seizure of property for any child enticement charges. Massachusetts is proposing this bill in the wake off 22 other states who currently have it. Presently, Massachusetts law allows for the seizure of assets by those convicted of drug offenses, such as drug trafficking charges and drug distribution charges, but not child pornography.
Middlesex County Sheriff Peter Koutoujian and State Senator Barry Finegold are hoping to direct any revenue accumulated from the asset seizure towards the already underfunded computer crime investigations and the prosecution. Money collected from seizure will also go towards victim services and digital literacy education programs for families.
If this bill is similar to the Massachusetts drug forfeiture law, it will likely allow the prosecution to seize electronic equipment, vehicles, real estate, money, and more. The intention of this act, other than to fund the cyber sex crimes unit, would be to act as a deterrent, as well as to remove the tools by which illegal activities are conducted.
Before property can be seized, the convicted defendant would likely be served with a complaint for forfeiture. While it is ultimately the judge who makes the decision, there will be an opportunity to defend the action.
To ensure your legal rights are protected during the development of this bill, contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 if you have been charged with any child sex crime.
Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
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