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

Mass. Gen. Laws ch. 265, § 13L (2026)

Wanton or reckless behavior creating a risk of serious bodily injury or sexual abuse to a child; duty to act; penalty

✓ current as of July 2026
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Section 13L. For the purposes of this section, the following words shall have the following meanings:—

''Child'', any person under 18 years of age.

''Serious bodily injury'', bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ, or substantial risk of death.

''Sexual abuse'', an indecent assault and battery on a child under 14 under section 13B of chapter 265; aggravated indecent assault and battery on a child under 14 under section 13B1/2 of said chapter 265; a repeat offense under section 13B3/4 of said chapter 265; indecent assault and battery on a person age 14 or over under section 13H of said chapter 265; rape under section 22 of said chapter 265; rape of a child under 16 with force under section 22A of said chapter 265; aggravated rape of a child under 16 with force under section 22B of said chapter 265; a repeat offense under section 22C of said chapter 265; rape and abuse of a child under section 23 of said chapter 265; aggravated rape and abuse of a child under section 23A of said chapter 265; a repeat offense under section 23B of said chapter 265; assault with intent to commit rape under section 24 of said chapter 265; and assault of a child with intent to commit rape under section 24B of said chapter 265.

Whoever wantonly or recklessly engages in conduct that creates a substantial risk of serious bodily injury or sexual abuse to a child or wantonly or recklessly fails to take reasonable steps to alleviate such risk where there is a duty to act shall be punished by imprisonment in the house of correction for not more than 21/2 years.

For the purposes of this section, such wanton or reckless behavior occurs when a person is aware of and consciously disregards a substantial and unjustifiable risk that his acts, or omissions where there is a duty to act, would result in serious bodily injury or sexual abuse to a child. The risk must be of such nature and degree that disregard of the risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.

Notes of Decisions
Cited in 40 cases (8 in the last 5 years), 2003–2025 · leading case: Commonwealth v. LaBrie, 46 N.E.3d 519 (Mass. 2016).
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Commonwealth v. LaBrie, 46 N.E.3d 519 (Mass. 2016). · cites it 5× “For the reasons discussed below, we affirm the defendant’s conviction of reckless endangerment of a child under G. L. c. 265, § 13L; reverse the judgments on both assault and battery charges and order judgment for the defendant on those charges; and reverse the order denying the…”
Commonwealth v. Coggeshall, 46 N.E.3d 19 (Mass. 2016). · cites it 4× “In this case we are asked to decide whether the words “wantonly or recklessly” in G. L. c. 265, § 13L, the statute proscribing reckless endangerment of a child, require proof of a defendant’s subjective state of mind.”
Commonwealth v. Leonard, 90 Mass. App. Ct. 187 (Mass. App. Ct. 2016). · cites it 4× “” With respect to the charge of reckless child endangerment (one count against each defendant), the judge allowed the motions to dismiss on the basis that ‘“[t]he victim did not suffer a ‘serious bodily injury’ as defined in G. L. c. 265, § 13L[,] as there was no permanent…”
Commonwealth v. Hendricks, 891 N.E.2d 209 (Mass. 2008). · cites it 5× “Having been convicted of reckless endangerment of a child in violation of G. L. c. 265, § 13L, Thomas Hendricks challenges the constitutionality of the recently enacted statute, claiming that it is vague and overbroad as applied to the circumstances of his case.”
Commonwealth v. Figueroa, 982 N.E.2d 1202 (Mass. App. Ct. 2013). · cites it 8× “After a joint trial in Superior Court, a jury convicted the defendant of reckless endangerment of a child in violation of G. L. c. 265, § 13L, and sentenced her to a two-year term of probation.”
Commonwealth v. Santos, 116 N.E.3d 41 (Mass. App. Ct. 2018). · cites it 6× “See G. L. c. 265, § 13L. Finding a lack of probable cause, a District Court judge allowed the defendant's motion to dismiss the complaint, and the Commonwealth appeals.”
Commonwealth v. Roderiques, 968 N.E.2d 908 (Mass. 2012). · cites it 3× “At defense counsel’s request and with the Commonwealth’s eventual agreement, the judge instructed the jury that they could consider whether the defendant recklessly endangered her child in violation of G. L. c. 265, § 13L, as a lesser included offense of the offense charged in…”
Commonwealth v. Mayotte, 56 N.E.3d 756 (Mass. 2016). · cites it 4× “272, § 17; reckless endangerment of a child, G. L. c. 265, § 13L; intimidation of a witness, G.”
Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. 2008). “, Criminal Law, § 3-602 ("Sexual abuse of a minor”); Mass. Gen. Laws ch. 265, § 13L ("creating a risk of .”
Commonwealth v. Hardy, 123 N.E.3d 773 (Mass. 2019). · cites it 2× “265, § 15A ( b ) ; and three counts of reckless endangerment of a child, G. L. c. 265, § 13L. The defendant was convicted of manslaughter of Dylan, reckless endangerment of Dylan, and negligent motor vehicle homicide of Dylan and Jayce.”
Scione v. Commonwealth Commonwealth v. Barnes, 114 N.E.3d 74 (Mass. 2019). · cites it 2× “265, § 26D (enticement of child for prostitution); G. L. c. 265, § 13L (reckless endangerment of child); and G.”
Commonwealth v. Roderiques, 940 N.E.2d 1234 (Mass. App. Ct. 2011). · cites it 7× “[1] At the defendant's request and with the Commonwealth's agreement, the trial judge charged the jury that reckless endangerment of a child, see G. L. c. 265, § 13L, was a lesser included offense of the offense charged in the second indictment.”
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