Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 13F (2026)

Indecent assault and battery on a person with an intellectual disability; assault and battery

✓ current as of July 2026

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Section 13F. Whoever commits an indecent assault and battery on a person with an intellectual disability knowing such person to have an intellectual disability shall for the first offense be punished by imprisonment in the state prison for not less than five years or not more than ten years; and for a second or subsequent offense, by imprisonment in the state prison for not less than ten years. Except in the case of a conviction for the first offense for violation of this section, the imposition or execution of the sentence shall not be suspended, and no probation or parole shall be granted until the minimum imprisonment herein provided for the offense shall have been served. This section shall not apply to the commission of an indecent assault and battery by a person with an intellectual disability upon another person with an intellectual disability.

Whoever commits an assault and battery on a person with an intellectual disability knowing such person to have an intellectual disability shall for the first offense be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than five years; and, for a second or subsequent offense, by imprisonment in the state prison for not more than ten years. This section shall not apply to the commission of an assault and battery by a mentally retarded person upon another mentally retarded person.

Notes of Decisions

Cited in 23 cases (3 in the last 5 years), 1983–2026 · leading case: Commonwealth v. St. Louis, 42 N.E.3d 601 (Mass. 2015).

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Commonwealth v. St. Louis, 42 N.E.3d 601 (Mass. 2015). · cites it 10× “In this case, we are asked to examine whether the term “intellectual disability” in G. L. c. 265, § 13F (indecent assault and battery on a person with an intellectual disability), renders the statute unconstitutionally vague.”

Commonwealth v. Thomas, 514 N.E.2d 1309 (Mass. 1987). · cites it 7× “” He was also convicted of indecent assault and battery on a retarded person, G. L. c. 265, § 13F, the second victim being a woman we refer to as “Camille.”

Commonwealth v. Duart, 82 N.E.3d 1002 (Mass. 2017). · cites it 3× “In April, 2010, the defendant was indicted by a Dukes County grand jury on charges of indecent assault and battery on a person with an *632 intellectual disability, subsequent offense, G. L. c. 265, § 13F; and rape, subsequent offense, G.”

Commonwealth v. Harris, 825 N.E.2d 58 (Mass. 2005). “265, § 13B), and indecent assault and battery on a mentally retarded person (G. L. c. 265, § 13F). G. L. c. 233, § 21B.”

Commonwealth v. Raposo, 595 N.E.2d 773 (Mass. 1992). · cites it 2× “]) and to indecent assault and battery on a mentally retarded person (G.L.c. 265, § 13F [1990 ed.]), where the victim is a minor, the defendant is the minor's parent, and the defendant failed to take reasonable steps to prevent, the sexual attacks by a third person.”

Commonwealth v. Bukin, 6 N.E.3d 515 (Mass. 2014). “The defendant was charged with indecent assault and battery on a person with an intellectual disability in violation of G. L. c. 265, § 13F; indecent assault and battery on a child under the age of fourteen in violation of G.”

Commonwealth v. Williamson, 971 N.E.2d 250 (Mass. 2012). “265, § 13B 3 A; indecent assault and battery on a person with an intellectual disability, G. L. c. 265, § 13F; rape of a child under sixteen, G.”

Commonwealth v. Renderos, 799 N.E.2d 97 (Mass. 2003). “265, § 13B], indecent assault and battery on a mentally retarded person under the first paragraph of [G. L. c. 265, § 13F] or indecent assault and battery on a person who has attained the age of 14 under [G.”

Felix Sutherland v. Janet Reno, Attorney Gen. of the United States, 228 F.3d 171 (2d Cir. 2000). “Petitioner was originally charged with indecent assault and battery on a mentally retarded person in violation of Mass. Gen. Laws ch. 265, § 13F, but that charge was later stricken and substituted with a charge under Mass.”

Doe, SORB No. 76819 v. Sex Offender Registry Bd., 102 N.E.3d 950 (Mass. 2018). “h sex offender listed in said sex offender registry and shall give immediate priority to those offenders who have been convicted of a sex offense involving a child or convicted or adjudicated as a delinquent juvenile or as a youthful offender by reason of a sexually violent…”

Commonwealth v. Johnson, 728 N.E.2d 281 (Mass. 2000). “265, § 24, and indecent assault and battery on a mentally retarded person, G. L. c. 265, § 13F. On appeal, the defendant argues that he is *536 entitled to a new trial because (1) the judge refused to permit any cross-examination of the Commonwealth’s principal witness as to the…”

Commonwealth v. Aitahmedlamara, 823 N.E.2d 408 (Mass. App. Ct. 2005). · cites it 2× “We consider what evidence is required to establish that a sexual assault, victim is mentally retarded, to support that element of the offense of indecent assault and battery on a mentally retarded person, under G. L. c. 265, § 13F. We conclude that the evidence in the present…”

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