Massachusetts § 28H Proceeding under Sec. 28C as evidence in trial under Sec. 29; presumptions as to knowledge

Massachusetts Statutes

§ 28H — Proceeding under Sec. 28C as evidence in trial under Sec. 29; presumptions as to knowledge

Massachusetts § 28H

Part IVCRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES

Title ICRIMES AND PUNISHMENTS

Ch. 272CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER

This text of Massachusetts § 28H (Proceeding under Sec. 28C as evidence in trial under Sec. 29; presumptions as to knowledge) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mass. Gen. Laws ch. 272, § 28H (2026).

Text

Section 28H. In any trial under section twenty-nine on an indictment found or a complaint made for any offence committed after the filing of a proceeding under section twenty-eight C, the fact of such filing and the action of the court or jury thereon, if any, shall be admissible in evidence. If prior to the said offence a final decree had been entered against the book, the defendant, if the book be obscene, shall be conclusively presumed to have known said book to be obscene, or if said decree had been in favor of the book he shall be conclusively presumed not to have known said book to be obscene, or if no final decree had been entered but a proceeding had been filed prior to said offence, the defendant shall be conclusively presumed to have had knowledge of the contents of said book.

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Section 28H. In any trial under section twenty-nine on an indictment found or a complaint made for any offence committed after the filing of a proceeding under section twenty-eight C, the fact of such filing and the action of the court or jury thereon, if any, shall be admissible in evidence. If prior to the said offence a final decree had been entered against the book, the defendant, if the book be obscene, shall be conclusively presumed to have known said book to be obscene, or if said decree had been in favor of the book he shall be conclusively presumed not to have known said book to be obscene, or if no final decree had been entered but a proceeding had been filed prior to said offence, the defendant shall be conclusively presumed to have had knowledge of the contents of said book.