In a recent ruling by the Massachusetts Court of Appeals, the Commonwealth's Sex Offender Registry Board may not require an individual to register as a Level 2 sex offender based solely on a conviction of possessing child pornography.

Massachusetts has three levels of sex offenders, which are based on a person's individual risk of reoffending and the perceived danger to the public. Level 1 offenders have a low risk of committing future crimes and pose a minimal public safety risk. The list of Level 1 offenders is not available to the general public. However, law enforcement agencies, parole and probation departments and mental health agencies shall have access to this information.

When the Board determines that offenders pose moderate or high risks of reoffending, there is a substantial public safety risk that justifies publicizing the names of such offenders.

According to a Boston Herald report, the case involved a man who pleaded guilty in 2004 after ordering elicit photos of minors from a Miami-based pornography ring. The Board classified the man as a sex offender, but the Court found the board failed to show a causal link between child pornography possession and the likelihood of reoffending necessary for public registration.

The lawyer for the man praised the ruling, for he argued that the Board must do more than just point to a conviction before deciding someone is a sex offender.

In the meantime, Governor Deval Patrick has introduced a bill to define child pornography as a "sex offense involving a child" so that those convicted of possessing child pornography in Massachusetts can be classified as sex offenders.

The preceding is not intended to be legal advice. If you have been charged or under investigation for a crime that could result in sex offender registration, consult an experienced Massachusetts criminal defense attorney.