Indecent A & B on Child <14
Chapter	265
Section	13B
WMS Code	265/13B/A
WMS Offense	INDECENT A&B ON CHILD UNDER 14 c265 §13B
Elements	On [DATE OF OFFENSE:] did commit an indecent assault and battery on a child under the age of 14.
Penalty	10 Years
	... shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2½ years. A prosecution 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.
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	Upon conviction, must register as sex offender (c. 6, §178C-178H) Must submit a DNA sample within 90 days of conviction c.22E, §3 In a prosecution under this section, a child under the age of fourteen years shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.
Second/Subsequent	265/13B34	Life
Third Offense
Fourth Offense
Attempt to Commit	274/6/A	5 Years
Conspiracy to Commit	274/7	5 Years
Accessory Before	274/2	10 Years
Accessory After	274/4	7 Years
Effective Date	10/22/2008