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

Mass. Gen. Laws ch. 265, § 22B (2026)

Rape of a child during commission of certain offenses or by use of force; penalties

✓ current as of July 2026
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Section 22B. Whoever has sexual intercourse or unnatural sexual intercourse with a child under 16, and compels such child to submit by force and against his will or compels such child to submit by threat of bodily injury and:

(a) the sexual intercourse or unnatural sexual intercourse is committed during the commission or attempted commission of any of the following offenses: (1) armed burglary as set forth in section 14 of chapter 266; (2) unarmed burglary as set forth in section 15 of said chapter 266; (3) breaking and entering as set forth in section 16 of said chapter 266; (4) entering without breaking as set forth in section 17 of said chapter 266; (5) breaking and entering into a dwelling house as set forth in section 18 of said chapter 266; (6) kidnapping as set forth in section 26 of chapter 265; (7) armed robbery as set forth in section 17 of said chapter 265; (8) unarmed robbery as set forth in section 19 of said chapter 265; (9) assault and battery with a dangerous weapon or assault with a dangerous weapon as set forth in sections 15A and 15B of said chapter 265; (10) home invasion as set forth in section 18C of said chapter 265; or (11) posing or exhibiting child in state of nudity or sexual conduct as set forth in section 29A of chapter 272;

(b) the sexual intercourse or unnatural sexual intercourse results in, or is committed by means of an act or acts resulting in, substantial bodily injury as defined in section 13J;

(c) the sexual intercourse or unnatural sexual intercourse is committed while the victim is tied, bound or gagged;

(d) the sexual intercourse or unnatural sexual intercourse is committed after the defendant administered, or caused to be administered, alcohol or a controlled substance by injection, inhalation, ingestion, or any other means to the victim without the victim's consent;

(e) the sexual intercourse or unnatural sexual intercourse is committed by a joint enterprise; or

(f) the sexual intercourse or unnatural sexual intercourse was committed in a manner in which the victim could contract a sexually transmitted disease or infection of which the defendant knew or should have known he was a carrier, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years. The sentence imposed on such person shall not be reduced to less than 15 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release or furlough or receive any deduction from his sentence for good conduct until he shall have served 15 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 2011–2026 · leading case: Commonwealth v. Brown, 1 N.E.3d 259 (Mass. 2013).
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Commonwealth v. Brown, 1 N.E.3d 259 (Mass. 2013). “265, § 17 (punishment for armed robbery committed while masked or armed with firearm: not less than five years in State prison); G. L. c. 265, § 22B (c) (punishment for rape of child by force or threat of force while victim is tied, bound, or gagged: not less than fifteen years…”
Commonwealth v. Williamson, 971 N.E.2d 250 (Mass. 2012). “265, § 22A; aggravated rape of a child under sixteen, G. L. c. 265, § 22B; aggravated rape of a child under sixteen with particular sexual assault, delinquent adjudication or conviction, G.”
Commonwealth v. Stevenson, 50 N.E.3d 184 (Mass. 2016). “On October 6, 2014, a grand jury returned six indictments against the defendant, Carlos Stevenson: one charging aggravated rape of a child with force, G. L. c. 265, § 22B; and five charging indecent assault and battery on a child under the age *373 of fourteen, G.”
Commonwealth v. Olivier, 57 N.E.3d 1 (Mass. App. Ct. 2016). “265, § 22A; two counts of aggravated rape of a child by force (aggravated by kidnapping) as a subsequent offense, G. L. c. 265, § 22B; one count of indecent assault and battery on a person over fourteen, G.”
Commonwealth v. Moran, 951 N.E.2d 356 (Mass. App. Ct. 2011). “265, § 22 (aggravated rape); G. L. c. 265, § 22B (aggravated rape of a child); G.”
Commonwealth v. Demetrius D., a Juv., 111 N.E.3d 285 (Mass. App. Ct. 2018). “119, § 54 ), on two indictments for aggravated rape of a child with force ( G. L. c. 265, § 22B [ a ] ), and one indictment each for kidnapping ( G.”
Comm. for Pub. Couns. Servs. v. Chief Just. of the Trial Court (Mass. 2020). “265, § 22A); aggravated rape of a child under the age of sixteen with force (G. L. c. 265, § 22B); rape and abuse of a child (G.”
Commonwealth v. Paul Fagundes. (Mass. App. Ct. 2023). “denying a new trial where the jury were exposed to extraneous material; (2) an indecent assault and battery conviction was duplicative of two of the rape convictions, which were also duplicative of each other; (3) the judge allowed improper evidence to be admitted; and (4) the…”
Commonwealth v. Richard Corbett. (Mass. App. Ct. 2025). “0 The defendant, Richard Corbett,1 appeals from his convictions for forcible rape of a child by joint enterprise, as a subsequent offense, G. L. c. 265, §§ 22B (e), 22C; rape of a child aggravated by age difference, as a subsequent offense, G.”
Doe, Sex Offender Registry Bd. No. 190908 v. Sex Offender Registry Bd. (Mass. App. Ct. 2026). “At the time of the classification hearing and decision, based on the conduct described in the child's reports to his grandmother and the forensic interviewer, Doe had been charged and arraigned in the District Court on one count of aggravated rape of a child with force, in…”
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