Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Articles Posted in Child Pornography

An adult who persuades or helps a minor commit an act of juvenile delinquency may be charged with contributing to the delinquency of a minor (CDM). In MA, a minor is anyone under the age of 18. Juvenile delinquency is generally a criminal offense committed by a minor. Examples of CDM crimes include:

  • Serving alcohol to a minor
  • Purchasing alcohol for a minor
  • Using illegal drugs in the presence of a minor
  • Engaging in sexual acts with a minor
  • Showing pornographic material to a minor
  • Exposing minors to prostitution, sex trafficking, or any type of sexual exploitation
  • Exposing minors to any type of illegal conduct or activity

In some of the above scenarios, a person charged with CDM may face additional charges. For example, if you provide alcohol to a minor, you may be charged with CDM and providing alcohol to individuals under age 21, as well. An experienced MA defense attorney can help you determine how to proceed if you’re facing CDM charges.

Penalties for a CDM Conviction

As with most crimes, the severity of the underlying offense and past criminal history factor heavily when determining punishment for CDM crimes. Chapter 119 / Section 63 of Massachusetts Law states that: “Any person who shall be found to have caused, induced, abetted, or encouraged or contributed toward the delinquency of a child, or to have acted in any way tending to cause or induce such delinquency, may be punished by a fine of not more than $500 or by imprisonment of not more than one year, or both.” That being said, there are widely varying levels of severity when it comes to CDM charges. A mother who provides alcohol for her 16-year-old son’s after-prom party is likely to receive very different treatment from a 50-year old gym teacher who is caught showing pornography to middle school students.
It is a crime to aid a minor’s act of delinquency in any state. However, in order for an individual’s conduct to be considered an act of CDM, certain elements must be present. An adult must have committed an act that caused a minor to become delinquent. In some cases, an adult can also be charged with CDM if his or her failure to perform a duty caused a minor to become delinquent. And the minor doesn’t even have to actually commit the act for charges to be filed. For instance, if an adult buys marijuana for a minor but the minor never uses it, the adult can still be charged with CDM.

Exceptions to CDM

Certain acts are not always considered a crime. For example, although it is illegal to give alcohol to someone under the age of 21, there are some exceptions. In MA, for instance, it is not a crime for a parent to share a glass of wine with a teenage child in a restaurant. A Boston criminal defense lawyer can help you build a solid defense if you’ve been charged with CDM. Continue reading

You know, it is not only Massachusetts folks that this warning should awaken.

For example, take a certain young couple from North Carolina, although I have handled a number of similar matters here in the Commonwealth.

The Washington Post tells us of a young couple (hereinafter The “Juveniles”) who were prosecuted for making and distributing child pornography.

Of themselves!

The case actually ended up in convictions. A public uproar resulted. I would imagine that the Juveniles felt that the uproar would have been better if it had happened before they were facing jail

Unfortunately, the fact that the general population, or the defendants themselves, do not know the law is no defense. Therefore, it is vital that you know the law… at least well enough to protect you and yours.

Let’s discuss a few examples.

Continue reading

As we leavebehind July 4th weekend, we pause to think of those without liberty.

This is a criminal lawyer’s blog, so that means incarcerated persons.

Take 53-year-old Middle School Teacher Scott Peeler (hereinafter, the “Defendant”) for example. No, he has not been convicted of anything. He has been accused though. So, particularly in the federal criminal justice system, that is enough to lock him up.

Without bail, for now.
Continue reading

It was actually a mixed verdict…but will that help 28-year-old Josh Wairi (hereinafter, the “Defendant”) very much?

The former elementary school teacher in the Somerville and Cambridge public school systems has finished his five-day jury trial. He was convicted of federal child pornography charges (to wit: possession and transportation of child pornography). He was also acquitted of three counts of production and attempted production of child pornography.

The former teacher at the Graham and Parks School in Cambridge’s case involved, among other things, videos secretly taken of naked children in a Somerville school locker room.

Prosecutors say the former fifth- and sixth-grade teacher used email to trade and receive images and videos of child pornography, uploaded images and videos of children being sexually exploited and also traded the images with others. The Commonwealth says he had more than 27,000 pictures in his possession
Continue reading

Josh Wairi, 27, of Somerville, and hereinafter, the “Defendant”, was arrested Thursday. He is now being held without bail in federal custody until he faces a detention hearing on Wednesday.

We began discussing this case on Friday. The Defendant is/was a 5th grade teacher in Cambridge and has allegedly made all sorts of confessions for some unknown reasons.

As usual, the press have copies of the affidavit filed by law enforcement. Despite the fact that the Defendant is alleged to have admitted guilt, there is much we do not know about this case…including what, if any, defense is planned. While you might not know it to look at it, he is still presumed to be innocent.

Josh Wairi, is/was a 27-year-old Somerville resident and 5th grade teacher at the Garham and Parks School. The school is in my stomping grounds…Cambridge…not far from my primary office. Any thought of presumption of innocence aside, you will not be finding him at that school anymore, at least in the near future.

Mr. Wairi is now also known as the “Defendant”. His case is pending in federal court. The charges involve the possession and dissemination of child pornography. He is further charged with having created such material by recording children changing their clothes. He was arrested yesterday at his home following a federal investigation.

According to law enforcement, the Defendant actually confessed to having been involved in the exchange of child pornography, videos and images, over the Internet.

We began the week discussing Massachusetts child pornograpghy prosections. Today, we continue the subject matter from another perspective. The perspective is from after the conviction comes.

Yesterday, the Commonwealth’s highest court debated whether criminal defendants convicted of child pornography should be tracked by GPS while on probation – or if their crimes call for laxer conditions than other sex offenses.

Naturally, law enforcement, embodied in the political prosecuting person of Attorney General Martha Coakley, the Commonwealth was on the side of harsher treatment.

This Boston criminal lawyer will tell you that this type of crime is one of the most widening areas of danger for our youth today. Another one is in the area of “self-defense” but we will get to that another day.

It involves the possession and dissemination of child pornographyby children!

This past Friday, Fall River law enforcement arrested a 17-year-old kid (hereinafter, the “Defendant”) who now stands charged with having created a Facebook page featuring of nude pictures of High school students. The actual charges will include dissemination of obscene material harmful to minors, and possessing child pornography.

You won’t be seeing 40-year-old Geoffrey Portway of Worcester (hereinafter, the “Defendant”) around for awhile. A 27 years while.

The Defendant pleaded guilty in May to distribution and possession of child pornography as well as solicitation to commit a crime of violence. Pending his sentencing, federal prosecutors wrote in their sentencing recommendation that he “has pled guilty to some of the most vile and heinous crimes known to our society,”

Last Tuesday, he was sentenced to just under the 27-year, three-month sentence sought by prosecutors.

Andrew J. Myers is in a great deal of trouble.

He lives in Worcester County’s Whitinsville Village
He leads a Boy Scout troop, teaches in the Northbridge school system and has served on its school committee.

He is a 34-year-old attorney who is hereinafter referred to as the “Defendant”.

The Defendant appeared for his initial appearance in Boston’s United States District Court today. He was arrested at his home and brought to the federal court. He has been charged with possessing child pornography and for allegedly enticing children into performing sex acts over the Internet.

The investigation involved both the Commonwealth of Massachusetts as well as the Larimer County sheriff’s office in Colorado. The authorities in Colorado contacted the Northbridge police concerning a complaint that a 12-year-old boy in Colorado had been communicating via e-mail and Skype with a 33-year-old man. The man, they said, was identified as “Myers”. Assistance was sought in the investigation and so local authorities complied.

So did federal authorities.
Continue reading

Contact Information