Whoever commits an indecent attack and battery pack on a young child beneath the chronilogical age of 14 and

(a) the indecent attack and battery pack ended up being committed through the commission or attempted payment associated with after offenses:– (1) armed burglary as set forth in area 14 of chapter 266; (2) unarmed burglary as established in area 15 of said chapter 266; (3) breaking and entering since set forth in area 16 of said chapter 266; (4) entering without breaking since established in part 17 of said chapter 266; (5) breaking and stepping into a dwelling household because set forth in area 18 of said chapter 266; (6) kidnapping because set forth in area 26 of chapter 265; (7) armed robbery as established in area 17 of said chapter 265; (8) unarmed robbery because set forth in area 19 of said chapter 265; (9) assault and battery pack by having a dangerous gun or attack by having a dangerous tool, because set forth in parts 15A and 15B of said chapter 265; (10) home intrusion as set forth in area 18C of said chapter 265; or (11) posing or exhibiting child in state of nudity or intimate conduct because set forth in part 29A of chapter 272; or

(b) during the time of payment of said assault that is indecent battery pack, the defendant had been a mandated reporter as it is defined in part 21 of chapter 119, will probably be penalized by imprisonment when you look at the state jail for a lifetime and for any term of years, although not not as much as a decade. The sentence imposed on such individual shall never be paid down to significantly less than ten years, or suspended, nor shall anybody convicted under this area qualify for probation, parole, work launch, or furlough or get any deduction from their phrase once and for all conduct until he shall have offered ten years of these phrase. Prosecutions commenced under this part shall neither be proceeded without a choosing nor placed on file.

In a prosecution under this part, a young child beneath the chronilogical age of 14 years will be considered incompetent at consenting to virtually any conduct regarding the defendant which is why such defendant has been prosecuted.

MGL c.265, § 13B-3/4 Commission of indecent attack and battery pack for kid beneath the chronilogical age of 14 by specific formerly convicted offenders; charges

Whoever commits an indecent attack and battery on a kid underneath the chronilogical age of 14 and contains been formerly convicted of or adjudicated delinquent or as being a youthful offender for: indecent attack and battery pack on a kid under 14 since set forth in part 13B; aggravated indecent attack and battery automotive title loans pack on a young child under 14 since set forth in area 13B1/2; indecent attack and battery pack on an individual 14 or older since set forth in area 13H; assault of a kid with intent to commit rape as set forth in part 24B; rape of a kid with force as set forth in part 22A; aggravated rape of a kid with force as set forth in part 22B; rape and abuse of a young child as set forth in area 23; aggravated rape and punishment of a kid since set forth in part 23A; rape because set forth in area 22 or; a love breach associated with regulations of another state, the United States or an army, territorial or Indian tribal authority, will probably be penalized by imprisonment when you look at the state jail for a lifetime and for any term of years, yet not not as much as 15 years. The sentence imposed on such individual shall never be paid down to not as much as fifteen years, or suspended, nor shall anybody convicted under this area qualify for probation, parole, work launch or furlough or receive any deduction from their phrase once and for all conduct until he shall have offered 15 years of these phrase. Prosecutions commenced under this part shall be continued without neither a choosing nor placed on file.

Any jail or house of correction or the department of correction shall be prima facie evidence that the defendant before the court had been convicted previously by a court of the Commonwealth or any other jurisdiction in any prosecution commenced pursuant to this section, introduction into evidence of a prior adjudication or conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant’s biographical and informational data from records of the department of probation. Such paperwork will be self-authenticating and admissible, following the Commonwealth has generated the defendant’s shame from the offense that is primary as proof in every court associated with Commonwealth to show the defendant’s payment of every previous conviction described therein. The Commonwealth shall never be necessary to introduce any extra corroborating evidence or real time witness testimony to ascertain the credibility of these conviction that is prior.

Son or daughter under 16

It really is contrary to the statutory legislation to possess intercourse with anybody under 16 yrs old. You cannot have sex with somebody under 16, even though you will also be under 16.

MGL. c.265,§ 23. Commonly referred to as Statutory Rape Law. Rape and punishment of son or daughter.

Whoever unlawfully has sexual activity or unnatural sexual activity, and abuses a young child under 16 years old, will be penalized by imprisonment into the state jail for a lifetime or for any term of years or, except as otherwise supplied, for almost any term in a prison or household of modification. A prosecution commenced under this area shall neither be proceeded without a choosing nor placed on file.

MGL c.265, § 23A Rape and punishment of kid frustrated by age distinction between defendant and target or by whenever committed by mandated reporters; charges

Whoever unlawfully has intercourse that is sexual abnormal sexual activity, and abuses a young child under 16 years and:

(a) there is certainly significantly more than a 5 12 months age distinction between the defendant additionally the victim additionally the target is under 12 years old;

(b) there is certainly significantly more than a 10 age difference between the defendant and the victim where the victim is between the age of 12 and 16 years of age; or year

(c) at the time of such sexual intercourse, had been a reporter that is mandated defined in part 21 of chapter 119, will be penalized by imprisonment into the state jail for a lifetime or for any term of years, yet not lower than a decade. The sentence imposed on such individual shall never be paid down to not as much as ten years, or suspended, nor shall anyone convicted under this area qualify for probation, parole, work launch, or furlough or get any deduction from their phrase for good conduct until he shall have offered ten years of these phrase. Prosecutions commenced under this part shall neither be proceeded without a choosing nor placed on file.

Whoever unlawfully has intercourse or abnormal sexual activity, and abuses a kid under 16 years old and contains been previously convicted of or adjudicated delinquent or as a youthful offender for: indecent attack and battery pack on a young child under 14 under area 13B; aggravated indecent attack and battery pack on a young child under 14 under area 13B1/2; indecent attack and battery pack on an individual 14 or older under part 13H; attack of a young child with intent to commit rape under part 24B; rape of a young child with force under area 22A; aggravated rape of a young child with force under area 22B; rape and abuse of a kid under area 23; aggravated rape and punishment of a kid under part 23A; rape under part 22; or a love breach regarding the laws and regulations of some other state, the usa or a army, territorial or Indian tribal authority, will probably be penalized by imprisonment when you look at the state jail for life or even for any term of years, yet not significantly less than 15 years. The sentence imposed on such individual shall never be paid down to lower than 15 years, or suspended, nor shall anyone convicted under this part qualify for probation, parole, work launch, or furlough or get any deduction from their phrase once and for all conduct until he shall have offered 15 years of these phrase. Prosecutions commenced under this area shall be continued without neither a choosing nor placed on file.

In virtually any prosecution commenced pursuant for this section, introduction into proof of a previous adjudication or conviction or even a previous choosing of adequate facts by either certified attested copies of initial court documents, or certified attested copies associated with defendant’s biographical and informational information from documents of this division of probation, any prison or household of modification or even the division of modification, will probably be prima facie evidence that the defendant ahead of the court happens to be convicted formerly by way of a court associated with commonwealth or just about any other jurisdiction. Such documents will probably be self-authenticating and admissible, following the commonwealth has built the defendant’s shame in the offense that is primary as proof in every court regarding the commonwealth to show the defendant’s payment of any previous conviction described therein. The commonwealth shall never be needed to introduce any extra corroborating evidence or real time witness testimony to determine the legitimacy of these previous conviction.

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