Indecent Assault and Battery in MA

In Massachusetts, the Commonwealth must prove beyond a reasonable doubt the defendant:

1. Committed an assault and battery;
2. Was “indecent” in nature;
3. The alleged victim did not consent; and
4. The alleged victim was at least 14 years of age at the time of the offense

In Massachusetts, the Commonwealth must prove beyond a reasonable doubt the defendant:

1. Committed an assault and battery;
2. Was “indecent” in nature; and
3. The alleged victim was at under 14 years of age at the time of the offense

A child under the age 14 is presumed incapable of consenting.

Penalties differ significantly due to the age of the victim and if it’d the defendant’s first offense or consecutive offense.

Type 1: Indecent A&B Age 14 & Over

Basic Offense

State Prison: Not more than 5 years (60 months); OR

House of Corrections: Not more than 2.5 years (30 months)

Subsequent Offense

State Prison: Not more than 20 years

Disabled or Elder Alleged Victim

State Prison: Not more than 10 years; OR
House of Corrections: Not more than 2.5 years (30 months)

Type 2: Indecent A&B Age 14 & Under

Basic Offense

State Prison: Not more than 10 years; OR

House of Corrections: Not more than 2.5 years (30 months)

Aggravated Offense

State Prison: Life or any term of years. Mandatory Minimum: 15 years

Prior Offender

State Prison: Life or any term of years. Mandatory Minimum: 15 years

A prior offender is any adult or juvenile with a prior conviction of indecent A&B, assault of a child with intent to rape, forcible rape of a child, statutory rape, or adult rape.

What is the Age of Consent in Massachusetts?

The law allows a 14-year-old to consent to sexual touching but not intercourse. A person must be 16 years or older to consent to sexual intercourse. One difference between the two types is the issue of consent. Someone under the age of 14 is incapable of consenting to sex or any kind of sexual touching. However, someone over 14 can consent to sexual touching. This makes consent one of the elements that the Commonwealth must deal with. This only applies to sexual touching, not intercourse. NO person under 16 is capable of consenting to intercourse.

Can I be Charged with Indecent A&B if I Didn’t Touch the Alleged Victim?

Yes. Case law has supported the concept that forcing a victim to commit the indecent touching can result in an indecent A&B charge. Even if you never physically touched them.

• Assault and Battery
• Indecent Exposure

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