What is commonly known as child molestation involving sexual touching or contact excluding penetration between an adult and a child is described under Massachusetts criminal law as Indecent Assault and Battery on a Child Under Age 14. Under Massachusetts criminal law, the crime of Indecent Assault and Battery on a Child Under 14 is a felony sex offense and may be found at Massachusetts General Laws, Chapter 265, Section 13B.
Legal Elements of Indecent Assault and Battery on a Child Under Age 14
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In order to be found guilty of Indecent Assault and Battery of a Child Under Age 14 under Massachusetts criminal law, there must be strong evidence of the following six legal elements:
- the complaining witness was under age 14;
- the defendant intended to engage in a physical touching of the complainant;
- the defendant committed a touching;
- the touching that was harmful or offensive;
- the touching was indecent;
- the touching was committed without legal justification.
Aspects of a Touching Required for Indecent Assault and Battery on a Child Under Age 14
Under Massachusetts criminal law, the touching required to prove Indecent Assault and Battery on a Child Under Age 14 must be intentional, harmful or offensive, indecent, and without legal justification.
All elements of the touching must be present in order for the touching to constitute an indecent assault and battery. This is the same for Indecent Assault and Battery not involving a child victim, but rather person age 14 or older.
The law looks to the intent of the defendant. He must have intended to make physical contact in order to be guilt of Indecent Assault and Battery on a Child Under 14. Incidental or accidental contact is not sufficient.
A harmful touching is one that is physically or potentially physically harmful. Actual harm or injury is not required. An offensive touching is one that is an affront to a person’s integrity.
Indecent means that which the common sense of society would regard as immodest, immoral and improper. What is indecent should be measured by common understanding and practices. An indecent touching includes those acts where the defendant directs or commands the alleged victim to touch a private part of the defendant or another person, and where a defendant touches the alleged victim with his own private part or that of another person.
For example
The fondling of a person’s breast, touching of buttocks, or reaching between his or her legs may constitute indecent assault and battery. An unwanted kiss on the mouth may also constitute indecent conduct, depending upon the circumstances. Forcing a victim to remove her clothing or to commit an indecent touching may also constitute indecent conduct.
Lack of Consent Not Necessary to Prove Indecent Assault and Battery on a Child Under Age 14
Among the legal elements necessary for an indecent assault and battery conviction under Massachusetts criminal law is that the touching charged occurred against the complaining witness’s or victim’s will.
This element is not required to prove Indecent Assault and Battery of a Child Under Age 14. The law provides that a child under age 14 is incapable of consenting to engage in any form of sexual conduct.
Potential Punishment if Convicted of Indecent Assault and Battery on a Child Under Age 14 in Massachusetts
The potential consequences for Indecent Assault and Battery on a Child Under Age 14, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 13B.
First Offense
A defendant convicted of Indecent Assault and Battery on a Child Under Age 14 shall be sentenced to a term in state prison that does not exceed ten years, or in a jail or house of corrections for not more than 2 ½ years. Because Indecent Assault and Battery on a Child Under Age 14 is a sex offense, convicted offenders must also comply with statutory sex offender registration and treatment requirements.
Second and Subsequent Offenses
If convicted of a subsequent offense, defendant faces the possibility of life in prison and a mandatory minimum sentence of fifteen years. This enhanced penalty for subsequent offenses may be found at Massachusetts General Laws, Chapter 265, Section 13B¾ .
Massachusetts criminal law also contains an aggravated form of Indecent Assault and Battery on a Child Under Age 14. This crime may be found at Massachusetts General Laws, Chapter 265, Section 13B½.
Aggravated Indecent Assault and Battery on a Child Under Age 14
Aggravated Indecent Assault and Battery on a Child Under Age 14 occurs where the offense is committed by a person who was a mandated reporter of child abuse or neglect under Massachusetts law, or if it was committed during the commission or attempted commission of twelve specified offenses:
- armed burglary;
- unarmed burglary;
- breaking and entering;
- entering without breaking;
- breaking and entering in a dwelling;
- kidnapping;
- armed robbery;
- unarmed robbery;
- assault and battery with a dangerous weapon;
- assault with a dangerous weapon;
- home invasion;
- or exhibiting a child in a state of nudity or sexual conduct.
A defendant convicted of Aggravated Indecent Assault and Battery on a Child Under Age 14 shall be sentenced to state prison for a mandatory minimum period of ten years and up to life.
If you have been charged with Aggravated Indecent Assault and Battery on a Child Under Age 14 and need an experienced Massachusetts Sex crimes Defense Lawyer call (508) 213-9113 to schedule a free consultation.
