Aggravated Statutory Rape of Child <16
Chapter	265
Section	23A
WMS Code	265/23A
WMS Offense	RAPE OF CHILD, STATUTORY, AGGRAVATED c265 §23A
Elements	On [DATE OF OFFENSE:] did unlawfully have sexual intercourse or unnatural sexual intercourse with, and did abuse, a child under 16 years of age, AND: ● (1) there existed more than a 5 year age difference between the defendant and the victim and the victim was under 12 years of age; or ● (2) there existed more than a 10 year age difference between the defendant and the victim was between the age of 12 and 16 years of age; or ● (3) at the time of such intercourse, the defendant was a mandated reporter as defined in G.L. c. 119, § 2.
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.
Right of Arrest
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