Mass. Gen. Laws ch. 265, § 13H

Indecent assault and battery on person fourteen or older; penalties

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Section 13H. Whoever commits an indecent assault and battery on a person who has attained age fourteen shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction.

Whoever commits an indecent assault and battery on an elder or person with a disability, as defined in section 13K, 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, and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for not more than 20 years. A prosecution commenced under this paragraph shall not be placed on file nor continued without a finding.

Notes of Decisions

Cited in 203 cases (52 in the last 5 years), 1982–2026 · leading case: Felix Sutherland v. Janet Reno, Attorney General of the United States

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Felix Sutherland v. Janet Reno, Attorney General of the United States (2000) ca2 · cites it 7× “In April 1998, petitioner was charged with indecent assault and battery on a person over the age of fourteen in violation of Mass. Gen. Laws ch. 265, § 13H (1990), 1 for allegedly reaching down the pajama pants of his 19-year-old stepdaughter, who was residing in his household…”

Texas Department of Public Safety v. Anonymous Adult Texas Resident (2012) texapp · cites it 8× “" See Mass. Gen. Laws Ann. ch. 265, § 13H. (1) He received a probated sentence and is required to register as a sex offender under Massachusetts law until 2015, unless earlier termination of the reporting requirement is granted by the Massachusetts Sex Offender Registry Board.”

Commonwealth v. Renderos (2003) mass · cites it 5× “A jury in the District Court found the defendant guilty on two counts of a complaint charging him with indecent assault and battery on a person who had attained fourteen years of age, G. L. c. 265, § 13H. The judge sentenced the defendant to terms of one year and two years in a…”

United States v. Lepore (2004) mad · cites it 10× “On January 18, 1990, Lepore was convicted of indecent assault and battery on a person fourteen or older, pursuant to Mass. Gen. Laws ch. 265, § 13H, and sentenced to one year in prison.”

Commonwealth v. Dargon (2010) mass · cites it 2× “The Appeals Court affirmed the convictions (see infra ), and we granted his application for further appellate review.”

Ramirez v. Mukasey (2008) ca1 · cites it 6× “The BIA found that Ramirez’s 1999 conviction for indecent assault and battery on a person fourteen years or older, Mass. Gen. Laws ch. 265, § 13H, was an aggravated felony, 8 U.”

Commonwealth v. Marzilli (2010) mass · cites it 3× “See G. L. c. 265, § 13H. 2 Prior to trial, a Superior Court judge reported the case to the Appeals Court, pursuant to Mass.”

Commonwealth v. Castillo (2002) massappct · cites it 3× “The defendant was charged in two identically-worded indictments with indecent assault and battery on a person fourteen years of age or older, G. L. c. 265, § 13H. A *564 jury returned a guilty verdict on one indictment, and a not guilty verdict on the other.”

Commonwealth v. Hoyt (2011) mass · cites it 2× “265, § 23, and two counts of indecent assault and battery on a person who has attained the age of fourteen years, G. L. c. 265, § 13H. The defendant contends, among other claims, that certain statements admitted against him at trial were obtained in violation of his right to…”

Commonwealth v. Quinn (2003) mass · cites it 2× “1 (2002) (“the breasts, abdomen, buttocks, thighs, and pubic area” are private areas for purposes of indecent assault and battery, G. L. c. 265, § 13H). In short, with the exception of the exposure of genitalia, no “longstanding judicial interpretation [of G.”

Commonwealth v. Hartfield (2016) mass “265, § 13A (a); indecent assault and battery, in violation of G. L. c. 265, § 13H; and intimidation of a witness, in violation of G.”

Smith v. Sex Offender Registry Board (2006) massappct · cites it 2× “265, § 23), and indecent assault and battery on a person age fourteen or over (G. L. c. 265, § 13H), the Commonwealth entered a nolie prosequi for so much of the indictment as charged more than the indecent assault and battery, and on June 24, 1996, the plaintiff pleaded guilty…”

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