Section 13B1/2: Commission of indecent assault and battery on a child under the age of 14 during commission of certain offenses or by mandated reporters; penalties

359 words·~2 min read·/ma/part-iv/title-i/chapter-265/13b1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 13B1/2. Whoever commits an indecent assault and battery on a child under the age of 14 and:

(a)the indecent assault and battery was committed during the commission or attempted commission of the following offenses:—

(1)armed burglary as set forth in section 14 of chapter 266;

(2)unarmed burglary as set forth in section 15 of said chapter 266;

(3)breaking and entering as set forth in section 16 of said chapter 266;

(4)entering without breaking as set forth in section 17 of said chapter 266;

(5)breaking and entering into a dwelling house as set forth in section 18 of said chapter 266;

(6)kidnapping as set forth in section 26 of chapter 265;

(7)armed robbery as set forth in section 17 of said chapter 265;

(8)unarmed robbery as set forth in section 19 of said chapter 265;

(9)assault and battery with a dangerous weapon or assault with a dangerous weapon, as set forth in sections 15A and 15B of said chapter 265;

(10)home invasion as set forth in section 18C of said chapter 265; or

(11)posing or exhibiting child in state of nudity or sexual conduct as set forth in section 29A of chapter 272; or

(b)at the time of commission of said indecent assault and battery, the defendant was a mandated reporter as is defined in section 21 of chapter 119, 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.

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.