Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 13B (2026)

Indecent assault and battery on child under age of 14; penalties

✓ current as of July 2026

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Section 13B. Whoever commits an indecent assault and battery on a child under the age of 14 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 21/2 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.

Notes of Decisions

Cited in 398 cases (69 in the last 5 years), 1969–2026 · leading case: Commonwealth v. Suero, 987 N.E.2d 1199 (Mass. 2013).

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Commonwealth v. Suero, 987 N.E.2d 1199 (Mass. 2013). · cites it 6× “We granted the defendant’s application for further appellate review limited to whether the defendant’s conviction of indecent assault and battery on a child under the *216 age of fourteen years, in violation of G. L. c. 265, § 13B, was duplicative of his conviction of rape of a…”

Commonwealth v. Conefrey, 640 N.E.2d 116 (Mass. App. Ct. 1994). · cites it 10× “” 1 See G. L. c. 265, § 13B. The defendant was tried and convicted of violating G.”

Commonwealth v. Cruz, 99 N.E.3d 827 (Mass. App. Ct. 2018). · cites it 6× “See G. L. c. 265, § 13B. See also Instruction 6.”

Commonwealth v. Filopoulos, 884 N.E.2d 514 (Mass. 2008). · cites it 12× “265, § 23 (rape and abuse of a child, commonly referred to as statutory rape) and G. L. c. 265, § 13B (indecent assault and battery on a child under the age of fourteen).”

Commonwealth v. Rosa, 818 N.E.2d 621 (Mass. App. Ct. 2004). · cites it 5× “A Bristol County grand jury returned two indictments against the defendant charging him with indecent assault and battery on a child under fourteen (subsequent offense), G. L. c. 265, § 13B, and assault with intent to rape a child under the age of sixteen, G.”

Commonwealth v. Gomes, 130 N.E.3d 1234 (Mass. 2019). · cites it 28× “**123 In this case, we must determine whether the defendant's conviction of indecent assault and battery on a child under the age of fourteen, G. L. c. 265, § 13B, was aggravated by his status as an alleged mandated reporter at the time of the offense.”

Commonwealth v. Walker, 687 N.E.2d 1246 (Mass. 1997). · cites it 6× “Walker contends that indecent assault and battery on a child under fourteen years (G. L. c. 265, § 13B) is not a lesser included offense of the crime with which he was charged, forcible rape of a child under sixteen years (G.”

Doe, Sex Offender Registry Bd. No. 1211 v. Sex Offender Registry Bd., 857 N.E.2d 473 (Mass. 2006). · cites it 3× “A hearing examiner with the Sex Offender Registry Board (board) entered a written decision finding that *751 the plaintiff (Doe) (who had been sentenced to a house of correction after pleading guilty to a charge of indecent assault and battery on a child under fourteen years of…”

Commonwealth v. Howze, 788 N.E.2d 586 (Mass. App. Ct. 2003). · cites it 5× “265, § 23, and indecent assault and battery on a child, G. L. c. 265, § 13B. On appeal, the defendant alleges that (1) the evidence was insufficient to prove beyond a reasonable doubt that the defendant committed an indecent assault and battery independent of the statutory rape,…”

Commonwealth v. Burke, 457 N.E.2d 622 (Mass. 1983). · cites it 3× “The defendant is charged with committing an indecent assault and battery on a child under the age of fourteen, G. L. c. 265, § 13B. After a finding of guilty in a jury-waived trial, the defendant appealed to a jury of six session of the District Court for a trial de nova.”

Commonwealth v. Davidson, 860 N.E.2d 24 (Mass. App. Ct. 2007). · cites it 7× “G. L. c. 265, § 13B. 1 The convictions were based on evidence that the child, induced by the defendant, touched the defendant’s penis with her hand and rubbed it with her nose.”

Commonwealth v. Conefrey, 650 N.E.2d 1268 (Mass. 1995). · cites it 3× “” See G. L. c. 265, § 13B (1992 ed.). In June, 1989, a jury found the defendant guilty.”

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