Mass. Gen. Laws » Part IV Title I Chapter 265
Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 13J (2026)

Assault and battery upon a child; penalties

✓ current as of July 2026
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Section 13J. (a) For the purposes of this section, the following words shall, unless the context indicates otherwise, have the following meanings:—

''Bodily injury'', substantial impairment of the physical condition including any burn, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result of repeated harm to any bodily function or organ including human skin or any physical condition which substantially imperils a child's health or welfare.

''Child'', any person under fourteen years of age.

''Person having care and custody'', a parent, guardian, employee of a home or institution or any other person with equivalent supervision or care of a child, whether the supervision is temporary or permanent.

''Substantial bodily injury'', bodily injury which creates a permanent disfigurement, protracted loss or impairment of a function of a body member, limb or organ, or substantial risk of death.

(b) Whoever commits an assault and battery upon a child and by such assault and battery causes bodily injury shall be punished by imprisonment in the state prison for not more than five years or imprisonment in the house of correction for not more than two and one-half years.

Whoever commits an assault and battery upon a child and by such assault and battery causes substantial bodily injury shall be punished by imprisonment in the state prison for not more than fifteen years or imprisonment in the house of correction for not more than two and one-half years.

Whoever, having care and custody of a child, wantonly or recklessly permits bodily injury to such child or wantonly or recklessly permits another to commit an assault and battery upon such child, which assault and battery causes bodily injury, shall be punished by imprisonment for not more than two and one-half years in the house of correction.

Whoever, having care and custody of a child, wantonly or recklessly permits substantial bodily injury to such child or wantonly or recklessly permits another to commit an assault and battery upon such child, which assault and battery causes substantial bodily injury, shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment in a jail or house of correction for not more than two and one-half years.

Notes of Decisions
Cited in 53 cases (8 in the last 5 years), 1998–2026 · leading case: Commonwealth v. Traylor, 34 N.E.3d 276 (Mass. 2015).
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Commonwealth v. Traylor, 34 N.E.3d 276 (Mass. 2015). · cites it 13× “After trial by jury, the defendant was convicted in the Superior Court on seven indictments charging offenses under G. L. c. 265, § 13J (b). That statute, in relevant part, imposes criminal penalties of a person who, “having care and custody of a child, wantonly or recklessly…”
Commonwealth v. LaBrie, 46 N.E.3d 519 (Mass. 2016). · cites it 5× “265, § 16; wantonly or recklessly permitting substantial bodily injury to a child under the age of fourteen, G. L. c. 265, § 13J (b); wantonly or recklessly permitting serious bodily injury to a disabled person, G.”
Commonwealth v. Roderiques, 968 N.E.2d 908 (Mass. 2012). · cites it 7× “G. L. c. 265, § 13J (b), second par. The second charged her with wantonly and recklessly permitting an assault and battery on a child that caused the child substantial bodily injury.”
Commonwealth v. Millien, 50 N.E.3d 808 (Mass. 2016). · cites it 3× “After Jahanna’s physicians concluded that her brain injuries could not have been caused by an accidental fall from the couch but were instead caused by a violent shaking, the defendant was charged and later convicted by a jury of assault and battery on a child causing…”
Commonwealth v. Chapman, 744 N.E.2d 14 (Mass. 2001). · cites it 7× “See G. L. c. 265, § 13J. 1 Taraea drowned in a bathtub when she was left unattended by the defendant.”
Commonwealth v. Torres, 813 N.E.2d 1261 (Mass. 2004). · cites it 4× “, and was convicted on two indictments charging assault and battery by means of a dangerous weapon, two indictments charging assault and battery, and four indictments charging permitting bodily injury to a child (G. L. c. 265, § 13J), stemming from the abuse of Clyde and his two…”
Commonwealth v. Tavares, 810 N.E.2d 1242 (Mass. App. Ct. 2004). · cites it 4× “265, § 14), six indictments for assault and battery causing bodily injury to a child (G. L. c. 265, § 13J[b][1]), one indictment for assault and battery by means of a dangerous weapon (G.”
Commonwealth v. Traylor, 86 Mass. App. Ct. 84 (Mass. App. Ct. 2014). · cites it 21× “6 In counter, the Commonwealth submits that the “unit of prosecution” underlying G. L. c. 265, § 13J(¿ ), rests on an elemental predicate of the discrete and particularized bodily injury to a child, and that, in § 13J(A), the Legislature sought to enact the broadest protection…”
Commonwealth v. Pugh, 969 N.E.2d 672 (Mass. 2012). · cites it 2× “See also G. L. c. 265, § 13J (child abuse). 2. Discussion, a.”
Commonwealth v. Robinson, 910 N.E.2d 911 (Mass. App. Ct. 2009). · cites it 3× “The argument was consistent with the elements of G. L. c. 265, § 13J, which criminalizes a custodian’s failure to recognize a need for medical attention that would have been plain to a reasonable person in the same circumstances.”
Commonwealth v. Epps, 53 N.E.3d 1247 (Mass. 2016). “The prosecution contended that the defendant violently shook the two year old child in his care based on medical testimony that the child was diagnosed with traumatic brain injury, and scans of her brain that showed retinal hemorrhages, subdural hematoma, and brain swel-ing, the…”
Commonwealth v. Cruz, 759 N.E.2d 723 (Mass. App. Ct. 2001). · cites it 3× “265, § 1), assault and battery on a child under fourteen causing substantial bodily injury (G. L. c. 265, § 13J), and two counts of assault and battery on a child under fourteen causing bodily injury (G.”
Show all 53 citing cases →
— Mass. Gen. Laws ch. 265, § 13J(6) — 2 cases
Commonwealth v. Robinson, 910 N.E.2d 911 (Mass. App. Ct. 2009). “The argument was consistent with the elements of G. L. c. 265, § 13J, which criminalizes a custodian’s failure to recognize a need for medical attention that would have been plain to a reasonable person in the same circumstances.”
Commonwealth v. Traylor, 86 Mass. App. Ct. 84 (Mass. App. Ct. 2014). “6 In counter, the Commonwealth submits that the “unit of prosecution” underlying G. L. c. 265, § 13J(¿ ), rests on an elemental predicate of the discrete and particularized bodily injury to a child, and that, in § 13J(A), the Legislature sought to enact the broadest protection…”
— Mass. Gen. Laws ch. 265, § 13J(F) — 1 case
Commonwealth v. Traylor, 86 Mass. App. Ct. 84 (Mass. App. Ct. 2014). “6 In counter, the Commonwealth submits that the “unit of prosecution” underlying G. L. c. 265, § 13J(¿ ), rests on an elemental predicate of the discrete and particularized bodily injury to a child, and that, in § 13J(A), the Legislature sought to enact the broadest protection…”
— Mass. Gen. Laws ch. 265, § 13J(a) — 4 cases
Commonwealth v. Robinson, 910 N.E.2d 911 (Mass. App. Ct. 2009). “The argument was consistent with the elements of G. L. c. 265, § 13J, which criminalizes a custodian’s failure to recognize a need for medical attention that would have been plain to a reasonable person in the same circumstances.”
Commonwealth v. Panagopoulos, 801 N.E.2d 317 (Mass. App. Ct. 2004).
Commonwealth v. Traylor, 86 Mass. App. Ct. 84 (Mass. App. Ct. 2014). “6 In counter, the Commonwealth submits that the “unit of prosecution” underlying G. L. c. 265, § 13J(¿ ), rests on an elemental predicate of the discrete and particularized bodily injury to a child, and that, in § 13J(A), the Legislature sought to enact the broadest protection…”
Commonwealth v. Lark (Mass. App. Ct. 2016).
— Mass. Gen. Laws ch. 265, § 13J(b) — 5 cases
Strickland v. Goguen, 3 F.4th 45 (1st Cir. 2021).
Commonwealth v. Strickland, 87 Mass. App. Ct. 46 (Mass. App. Ct. 2015).
Commonwealth v. Cabral, 706 N.E.2d 314 (Mass. App. Ct. 1999).
Commonwealth v. Traylor, 86 Mass. App. Ct. 84 (Mass. App. Ct. 2014). “6 In counter, the Commonwealth submits that the “unit of prosecution” underlying G. L. c. 265, § 13J(¿ ), rests on an elemental predicate of the discrete and particularized bodily injury to a child, and that, in § 13J(A), the Legislature sought to enact the broadest protection…”
Commonwealth v. Dragotta, 89 Mass. App. Ct. 119 (Mass. App. Ct. 2016).
— Mass. Gen. Laws ch. 265, § 13J(h) — 1 case
Commonwealth v. Strickland, 87 Mass. App. Ct. 46 (Mass. App. Ct. 2015).
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