(a) the assault that is indecent battery pack had been committed through the commission or attempted payment associated with after offenses:– (1) armed burglary as set forth in area 14 of chapter 266; (2) unarmed burglary as established in part 15 of said chapter 266; (3) breaking and entering since set forth in area 16 of said chapter 266; (4) entering without breaking since established in area 17 of said chapter 266; (5) breaking and stepping into a dwelling household because set forth in part 18 of said chapter 266; (6) kidnapping because set forth in part 26 of chapter 265; (7) armed robbery as established in part 17 of said chapter 265; (8) unarmed robbery because set forth in area 19 of said chapter 265; (9) attack and battery pack by having a dangerous gun or attack by having a dangerous gun, since set forth in parts 15A and 15B of said chapter 265; (10) home intrusion as set forth in area 18C of said chapter 265; or (11) posing or phone number for approved-cash.com exhibiting child in state of nudity or intimate conduct because set forth in part 29A of chapter 272; or
(b) during the time of payment of said assault that is indecent battery pack, the defendant had been a mandated reporter because is defined in part 21 of chapter 119, will probably be penalized by imprisonment within the state jail for a lifetime or for any term of years, although not significantly less than a decade. The sentence imposed on such individual shall never be paid down to not as much as a decade, or suspended, nor shall anyone convicted under this area qualify for probation, parole, work launch, or furlough or get any deduction from their phrase once and for all conduct until he shall have offered decade of these phrase. Prosecutions commenced under this area shall be continued without neither a choosing nor placed on file.
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 in a prosecution under this section.
MGL c.265, § 13B-3/4 Commission of indecent attack and battery pack on a young son or daughter underneath the chronilogical age of 14 by particular formerly convicted offenders; charges
Whoever commits an assault that is indecent battery pack on a young child underneath the chronilogical age of 14 and has now been formerly convicted of or adjudicated delinquent or as being a youthful offender for: indecent attack and battery pack on a kid under 14 because set forth in part 13B; aggravated indecent attack and battery pack on a kid under 14 since set forth in area 13B1/2; indecent attack and battery pack on someone 14 or older because set forth in section 13H; assault of a young child with intent to commit rape as set forth in part 24B; rape of a young child with force as set forth in part 22A; aggravated rape of a kid with force as set forth in part 22B; rape and abuse of a kid because set forth in part 23; aggravated rape and punishment of a kid since set forth in part 23A; rape because set forth in part 22 or; a love violation associated with legislation of some other state, the usa or a army, territorial or Indian tribal authority, will probably be penalized by imprisonment when you look at the state jail for a lifetime or even for any term of years, not significantly less than 15 years. The sentence imposed on such individual shall never be paid down to lower than fifteen years, or suspended, nor shall anyone convicted under this part qualify for probation, parole, work launch or furlough or receive any deduction from their phrase once and for all conduct until he shall have offered fifteen years of these phrase. Prosecutions commenced under this part shall be continued without neither a choosing nor placed on file.
Any jail or house of correction or the department of correction shall be prima facie evidence that the defendant before the court had been convicted previously by a court of the Commonwealth or any other jurisdiction in any prosecution commenced pursuant to this section, introduction into evidence of a prior adjudication or conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant’s biographical and informational data from records of the department of probation. Such paperwork will be self-authenticating and admissible, following the Commonwealth has generated the defendant’s guilt in the offense that is primary as proof in almost any court regarding the Commonwealth to show the defendant’s payment of any previous conviction described therein. The Commonwealth shall never be needed to introduce any extra corroborating evidence or real time witness testimony to determine the legitimacy of these conviction that is prior.
Kid under 16
It really is up against the statutory legislation to own intercourse with anybody under 16 years old. You cannot have intercourse with some body under 16, even although you are under 16.
MGL. c.265,§ 23. Commonly referred to as Statutory Rape Law. Rape and punishment of kid.
Whoever unlawfully has intercourse that is sexual abnormal sexual activity, and abuses a kid under 16 years old, will be penalized by imprisonment into the state jail for a lifetime or for any term of years or, except as otherwise supplied, for almost any term in a prison or household of modification. A prosecution commenced under this part shall neither be proceeded without a choosing nor placed on file.
MGL c.265, § 23A Rape and punishment of youngster annoyed by age distinction between victim and defendant or by whenever committed by mandated reporters; charges
Whoever unlawfully has intercourse or abnormal sexual activity, and abuses a kid under 16 years old and:
(a) there is certainly significantly more than a 5 age difference between the defendant and the victim and the victim is under 12 years of age year;
(b) there is significantly more than a 10 age difference between the defendant and the victim where the victim is between the age of 12 and 16 years of age; or year
(c) during the time of such sexual intercourse, ended up being a mandated reporter as defined in area 21 of chapter 119, will probably be penalized by imprisonment when you look at the state jail for a lifetime or even for any term of years, yet not lower than ten years. The sentence imposed on such individual shall never be paid down to not as much as a decade, or suspended, nor shall anyone convicted under this area qualify for probation, parole, work launch, or furlough or get any deduction from their sentence once and for all conduct until he shall have offered a decade of these phrase. Prosecutions commenced under this part shall be continued without neither a choosing nor placed on file.
Whoever unlawfully has intercourse that is sexual abnormal intercourse, and abuses a young child under 16 years and has now been formerly convicted of or adjudicated delinquent or being a youthful offender for: indecent attack and battery pack on a kid under 14 under area 13B; aggravated indecent attack and battery pack on a kid under 14 under part 13B1/2; indecent attack and battery pack on an individual 14 or older under area 13H; attack of a kid with intent to commit rape under area 24B; rape of a kid with force under area 22A; aggravated rape of a kid with force under area 22B; rape and abuse of a young child under area 23; aggravated rape and punishment of a young child under part 23A; rape under part 22; or perhaps a love breach regarding the guidelines of some other state, the usa or a armed forces, territorial or Indian tribal authority, will be penalized by imprisonment into the state jail for a lifetime or even for any term of years, yet not significantly less than 15 years. The sentence imposed on such individual shall never be paid down to lower than fifteen years, or suspended, nor shall anybody convicted under this section qualify for probation, parole, work release, or furlough or get any deduction from their phrase once and for all conduct until he shall have offered 15 years of these sentence. Prosecutions commenced under this area shall be continued without neither a choosing nor placed on file.
Any jail or house of correction or the department of correction, shall be prima facie evidence that the defendant before the court has been convicted previously by a court of the commonwealth or any other jurisdiction in any prosecution commenced pursuant to this section, introduction into evidence of a prior adjudication or conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant’s biographical and informational data from records of the department of probation. Such paperwork will probably be self-authenticating and admissible, following the commonwealth has built the defendant’s shame regarding the offense that is primary as proof in just about any court associated with commonwealth to show the defendant’s payment of every previous conviction described therein. The commonwealth shall never be expected to introduce any extra corroborating evidence or real time witness testimony to ascertain the credibility of these conviction that is prior.
