07/30/2012 4:37 PM
State appeals court upholds conviction of man who viewed lewd photo on Hingham library computer
"A divided Massachusetts Appeals Court today upheld the conviction of a Level 3 sex offender who was caught downloading the photograph of a naked young girl while he was using the computer at the Hingham public library.
In a 2-1 ruling, judges on the second-highest court in the state concluded that Mark Sullivan was guilty of possession of child pornography and possession of child pornography, second offense, for the image he downloaded and tried to print at the library in February 2007.
Writing for himself and Judge Joseph A. Grasso Jr., Judge Scott L. Kafker said that their independent examination of the photograph in question led them to conclude the image was lewd, and not protected by the First Amendment.
“The photograph was found on a Russian photo-sharing Web site, not in a medical textbook, National Geographic pictorial or in an art museum,’’ Kafker wrote. “It displays no obvious artistic sensibilities...Perhaps most importantly, the focus on the girl’s developing breasts and pubic area distinguishes it from ordinary family photographs simply memorializing a day at the beach.’’"