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Radical left-wing MA Justices rule that text messages can't be used to convict sexual predators.

Yesterday the Massachusetts Supreme Judicial Court, the state’s highest court, came to the aid of sexual predators in a shock decision to make “text messages” inadmissible.


A man who attempted to lure an undercover agent posing as a 13-year-old girl into sexual relations had his convictions thrown out Friday, disappointing prosecutors and prompting a state senator to say she’d push for updates to the obscenity laws.

The overturned convictions were the result of a Supreme Judicial Court opinion that laws barring the dissemination of obscene “matter” to minors do not extend to online conversations.

The court reviewed copies of internet conversations in which the Plymouth County man, Matt Zubiel, under the online moniker ILikeSports04, asked a deputy county sheriff, Melissa Marino, pretending to be 13-year-old Meliss Smith, if “[You] ever fool around with boys?” and attempting to schedule a time to meet her.

But the court said that while state statute prohibits handwritten or printed forms of the messages Zubiel was sending, existing law is too vague to convict him for sending the messages through an instant message or online chat.

The law’s prohibition on sending “visual representations” of obscenities to minors also fails to cover electronic means, the justices found, relying on definitions from Webster’s Third New International Dictionary to lay out their argument.

“If the Legislature wishes to include instant messaging or other electronically transmitted text in the definition of [obscene matter] it is for the Legislature, not the court, to do so,” Justice Francis Spina wrote for the court.

MA Justices.