Aggravated Indecent A & B on Child <14 |   |
| Chapter | 265 |
| Section | 13B½ |
| WMS Code | 265/13B12 |
| WMS Offense | INDECENT A&B ON CHILD UNDER 14, AGGRAVATED c265 §13B½ |
| Elements | On [DATE OF OFFENSE:] did commit an indecent assault and battery on a child under the age of 14:
● (1) during the commission or attempted commission of one or more of the following offenses:
c. 266, § 14: Armed Burglary
c. 266, § 15: Burglary
c. 266, § 16: B & E Building in Nighttime
c. 266, § 17: B & E Daytime, Person in Fear
c. 266, § 17: Entering Building at Night, Intent - Felony, Person in Fear
c. 266, § 18: B & E Building in Daytime - Intent - Felony
c. 266, § 18: Entering Dwelling at Night, Intent - Felony
c. 265, § 26: Kidnapping
c. 265, § 17: Armed Robbery
c. 265, § 19: Unarmed Robbery
c. 265, § 15A: A & B with Dangerous Weapon
c. 265, § 15B: Assault with Dangerous Weapon
c. 265, § 18B: Home Invasion
c. 272, § 29A: Exhibiting Child in State of Nudity/Sexual Conduct
OR
● (2) while the defendant was a mandatory reporter as defined in G.L. c. 119, § 21. |
| Penalty | Life |
| | ...shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 10 years. The sentence imposed on such person shall not be reduced to less than 10 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 10 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.
In a prosecution under this section, a child under the age of 14 years shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted.
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| Right of Arrest | Felony Offense: A sworn police officer of the Commonwealth of Massachusetts with probable cause, may effect an arrest without a warrant for a felony committed in a police officer's presence or upon probable cause to believe that a felony has been committed. (Commonwealth v. Phelps, 209 Mass. 398 (1911)) |
| Notes | |
| Second/Subsequent | | |
| Third Offense | | |
| Fourth Offense | | |
| Attempt to Commit | 274/6/A | 5 Years |
| Conspiracy to Commit | 274/7 | 20 Years |
| Accessory Before | 274/2 | Life |
| Accessory After | 274/4 | 7 Years |
| Effective Date | 10/22/2008 |
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