Aggravated Rape of Child <16
Chapter	265
Section	22B
WMS Code	265/22B
WMS Offense	RAPE OF CHILD WITH FORCE, AGGRAVATED c265 §22B
Elements	On [DATE OF OFFENSE:] did have sexual intercourse or unnatural sexual intercourse with a child under 16, and ● did compel such child to submit by force and against such child's will, or ● did compel such child to submit by threat of bodily injury AND such sexual intercourse or unnatural sexual intercourse: ● (1) was committed 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) resulted in, or was committed by means of an act or acts that resulted in, substantial bodily injury as defined in § 13J, or ● (3) was committed while the victim was tied, bound or gagged, or ● (4) was committed after the defendant administered, or caused to be administered, alcohol or a controlled substance by injection, inhalation, ingestion, or some other means to the victim without the victim’s consent, or ● (5) was committed by a joint enterprise; or ● (6) was committed in a manner in which the victim could contract a sexually transmitted disease or infection of which the defendant knew or should have known he or she was a carrier.
Penalty	Life
	...shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years. The sentence imposed on such person shall not be reduced to less than 15 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 15 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.
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	265/23B
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