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Legislature passes bill banning lewd IMs to minors

E-mail|Link|Comments () March 25, 2010 06:07 PM

By Martin Finucane, Globe Staff

The state Legislature has passed a bill that would make it illegal for people to send lewd computer messages to minors, closing a loophole in the law that opened last month with a decision by the state's highest court.

The Senate enacted today – and sent to the governor – a bill that would change the law barring dissemination of "matter harmful to minors" to include matter sent by newer forms of communication.

The law previously defined the matter that could be harmful as any "handwritten or printed material, visual representation, live performance or sound recording," including books, magazines, and movies.

Now the definition also includes "any electronic communication including but not limited to electronic mail, instant messages, text messages, and any other communication created by means of use of the Internet or wireless network, whether by computer, telephone, or any other device."

"This is an important update. Our laws have to keep up with changing technologies," Senate President Therese Murray said in a statement.

The bill heads to the desk of Governor Deval Patrick. After the Feb. 5 ruling, Patrick's spokesman called it an "obvious gap in the law."

The high court had ruled that the convictions should be overturned for a Beverly man who sent a series of sexually explicit instant messages to someone he thought was a 13-year-old girl.

The court said the messages weren't illegal and added, "If the Legislature wishes to include instant messaging or other electronically transmitted text in the definition, it is for the Legislature, not the court, to do so."