Court reverses conviction of alleged perv because he used instant messaging instead of a ballpoint pen

The Supreme Judicial Court today dismissed the conviction of a man charged with trying to have sex with somebody he thought was a 13-year old girl because instant messaging isn't covered by the anti-pornography law used to prosecute him.

Matt Zubiel was convicted on four counts of disseminating material harmful to minors after using Yahoo instant messaging in 2006 arrange a sex session with somebody who turned out to be an undercover Marshfield cop.

The justices said instant messaging is not covered by a law that refers to written "handwritten or printed material" because computer keystrokes are not "writing performed by hand with a pen or pencil" nor "by impressing paper against an inked printing surface."

With a flourish of the judicial quill pen, the court concluded:

While proscribing the activity in this case would be consistent with a legislative intent to protect children from sexual abuse and exploitation, the definitions in [the current law] do not do so. If the Legislature wishes to include instant messaging or other electronically transmitted text in the definition of "[m]atter" under [the law], it is for the Legislature, not the court, to do so.

Complete ruling.