Court Loophole Makes Sexting Legal

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By CBS 3 Springfield News

Story Published: Feb 5, 2010 at 11:44 PM EDT

Story Updated: Feb 6, 2010 at 12:08 AM EDT

The state's highest court has overturned the
conviction of man accused of sending sexually explicit instant
messages to a minor, saying such messages aren't illegal under
Massachusetts law.

Matt Zubiel of Beverly was convicted in 2007 of attempting
disseminate harmful material to a minor after being arrested in
Marshfield the year before.

Authorities said Zubiel thought he was going to meet a
13-year-old girl for sex after sending her sexually explicit
instant messages.

The girl was really a Plymouth County Deputy Sheriff.

In his appeal, Zubiel's attorney argued that though the law
prohibits giving minors obscene handwritten material, printed
material or "visual representations," electronic instant messages
weren't any of those things.

The SJC agreed. It said only the Legislature could expand the
law to include instant messages.

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