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To: kattracks
How about a countersuit?
There are many potential charges on which to place the sponsors under legal scrutiny.
4 posted on 02/07/2003 4:46:52 AM PST by G Larry ($10K gifts to John Thune before he announces!)
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To: G Larry; All
"There are many potential charges on which to place the sponsors under legal scrutiny."

From Chapter 272 - CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER - of the "GENERAL LAWS OF MASSACHUSETTS", let's look at some of the other interesting sections of that chapter that pertain to the Fistgate workshop:

Chapter 272: Section 28. Matter harmful to minors, dissemination; possession; defenses.

Section 28. Whoever disseminates to a minor any matter harmful to minors, as defined in section thirty-one, knowing it to be harmful to minors, or has in his possession any such matter with the intent to disseminate the same to minors, shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years, or by a fine of not less than one thousand dollars nor more than ten thousand dollars for the first offense, not less than five thousand nor more than twenty thousand dollars for the second offense, or not less than ten thousand nor more than thirty thousand dollars for the third and subsequent offenses, or by both such fine and imprisonment. A prosecution commenced under this section shall not be continued without a finding nor placed on file. It shall be a defense in any prosecution under this section that the defendant was in a parental or guardianship relationship with the minor. It shall also be a defense in any prosecution under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.

Chapter 272: Section 29. Dissemination or possession of obscene matter; punishment; defense.

Section 29. Whoever disseminates any matter which is obscene, knowing it to be obscene, or whoever has in his possession any matter which is obscene, knowing it to be obscene, with the intent to disseminate the same, shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than one thousand nor more than ten thousand dollars for the first offense, not less than five thousand nor more than twenty thousand dollars for the second offense, or not less than ten thousand nor more than thirty thousand dollars for the third and subsequent offenses, or by both such fine and imprisonment. A prosecution commenced under this section shall not be continued without a finding nor placed on file. It shall be a defense under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.

An excerpt from Chapter 272: Section 31. Definitions applicable to secs. 28, 28C, 28D, 28E, 29, 29A, 29B, 30 and 30D.

Section 31. As used in sections twenty-eight, twenty-eight C, twenty-eight D, twenty-eight E, twenty-nine, twenty-nine A, twenty-nine B, thirty and thirty D, the following words shall, unless the context requires otherwise, have the following meanings:-

""Disseminate'', to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit or display.

""Harmful to minors'', matter is harmful to minors if it is obscene or, if taken as a whole, it (1) describes or represents nudity, sexual conduct or sexual excitement, so as to appeal predominantly to the prurient interest of minors; (2) is patently contrary to prevailing standards of adults in the county where the offense was committed as to suitable material for such minors; and (3) lacks serious literary, artistic, political or scientific value for minors.

""Knowing'', a general awareness of the character of the matter.

""Lascivious intent'', a state of mind in which the sexual gratification or arousal of any person is an objective. For the purposes of prosecution under this chapter, proof of lascivious intent may include, but shall not be limited to, the following:

(1) whether the circumstances include sexual behavior, sexual relations, infamous conduct of a lustful or obscene nature, deviation from accepted customs and manners, or sexually oriented displays;...

""Minor'', a person under eighteen years of age.

"Obscene'', matter is obscene if taken as a whole it

(1) appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed;

(2) depicts or describes sexual conduct in a patently offensive way; and

(3) lacks serious literary, artistic, political or scientific value...


Since the majority of the workshop participants were students under the age of 18 and considered to be minors under Mass law, it is the instructors of the Fistgate workshop who should be brought up on criminal charges for violating Sections 28 and 29 of Chapter 272 of the "General Laws of Massachusetts".

19 posted on 02/07/2003 6:23:31 AM PST by EdReform (Can you spare a dime? - www.freerepublic.com/focus/news/829652/posts)
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