SUMMARY: At present, youth are too often caught in the criminal justice system and labeled sex offenders for what is typical teen behavior. This bill would reduce this from happening. This bill was filed with the support of members of SOPRI and the Committee for Public Counsel Services.
An Act Relative to Consensual Adolescent Sexual Activity
SECTION 1. Chapter 265 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out section 13B and inserting in place thereof the following: –
Section 13B. Whoever commits an indecent assault and battery on a minor under the age 14 shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2½ years. A prosecution commenced under this section shall neither be continued without a finding nor placed on file. In a prosecution under this section, a minor under the age of 15 years shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted unless: (a) The defendant is no more than 3 years older than the minor; or (b) The defendant is no more than 2 years older than the minor if the minor is under 12 years of age.
Section 23. Whoever has sexual intercourse or unnatural sexual intercourse with a minor under 16 years of age and: (a) The defendant is more than 4 years older than the minor, or (b) The minor is under 15 years of age and the defendant is more than 3 years older than the minor; or (c) The minor is under 12 years of age and the defendant is more than 2 years older than the minor, shall be punished by imprisonment in the state prison for life or for any term of years, or, except as otherwise provided, for any term in a jail or house of correction, provided, however, that a prosecution commenced under this section shall not be placed on file or continued without a finding.
SECTION 4. This act shall take effect upon its passage.Email This Page