Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 23 (2026)

Rape and abuse of child

✓ current as of July 2026

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Section 23. Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age, shall be punished by imprisonment in the state prison for life or for any term of years or, except as otherwise provided, for any term in a jail or house of correction. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.

Notes of Decisions

Cited in 329 cases (37 in the last 5 years), 1931–2026 · leading case: Commonwealth v. Gallant, 369 N.E.2d 707 (Mass. 1977).

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Commonwealth v. Gallant, 369 N.E.2d 707 (Mass. 1977). · cites it 18× “A judge of the Superior Court, in a jury waived trial, found the defendant guilty of abusing and having unnatural sexual intercourse with a child under the age of sixteen years in violation of G. L. c. 265, § 23, and of committing an indecent assault and battery on a child under…”

Doe v. Attorney Gen., 715 N.E.2d 37 (Mass. 1999). · cites it 12× “2 In 1993, the plaintiff, John Doe, then fifteen years old, entered into a negotiated plea agreement with the Commonwealth pursuant to which he was adjudicated delinquent by reason of the rape of a child, G. L. c. 265, § 23. Doe admitted that he had twice forced a four year old…”

Roe v. Attorney Gen., 434 Mass. 418 (Mass. 2001). · cites it 6× “For example, the offense of rape and abuse of a child, G. L. c. 265, § 23, and an attempt to commit this offense, may include individuals involved in consensual sexual experimentation with teenage peers.”

Commonwealth v. Wilbur W., a Juv., 95 N.E.3d 259 (Mass. 2018). · cites it 8× “**398 The crime of statutory rape, G. L. c. 265, § 23, is a strict liability offense.”

Commonwealth v. Hammond, 78 N.E.3d 1128 (Mass. 2017). · cites it 6× “The defendant, a twenty-two year old woman, was convicted of raping a fourteen year old boy and two thirteen year old boys, in violation of G. L. c. 265, § 23. On appeal, the defendant claims that there were three main defects with her prosecution: (1) the incriminating…”

Commonwealth v. Miller, 432 N.E.2d 463 (Mass. 1982). · cites it 6× “Miller, charging him with unlawfully having “sexual intercourse or unnatural sexual intercourse” with a child under sixteen years of age (G. L. c. 265, § 23), open and gross lewdness, extortion, and larceny.”

Commonwealth v. Suero, 987 N.E.2d 1199 (Mass. 2013). · cites it 5× “265, § 13B, was duplicative of his conviction of rape of a child under the age of sixteen years, in violation of G. L. c. 265, § 23 (statutory rape). 1 In an unpublished memorandum and order pursuant to its rule 1:28, the Appeals Court concluded that the charges were not…”

Dolinger v. Hall, 302 F.3d 5 (1st Cir. 2002). · cites it 3× “See Mass. Gen. Laws Ann. ch. 265, § 23 . 2 At trial, the defense contended that Dolinger had never engaged in any sexual relations with Jonathan.”

Commonwealth v. Bernardo B., 900 N.E.2d 834 (Mass. 2009). · cites it 4× “1518 (2004), at the request of the juvenile male (boy), charged with nine counts of sexual offenses, including rape of a child, G. L. c. 265, § 23 (statutory rape), 3 which the boy allegedly perpetrated against three female children, who were his friends.”

United States v. Dwinells, 508 F.3d 63 (1st Cir. 2007). · cites it 2× “The indictment charged that the appellant had attempted to entice the three young “girls” (one per count) *68 into engaging in acts that would violate either a Massachusetts statute prohibiting sexual intercourse with minors under sixteen years of age, Mass. Gen. Laws ch. 265, §…”

United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). · cites it 2× “17-A § 253; Mass. Gen. Laws Ann. ch. 265, § 23 ; Mich.”

Commonwealth v. Clint C., 715 N.E.2d 1032 (Mass. 1999). · cites it 4× “119, § 54, charging the fifteen year old juvenile with *220 rape of a child, G. L. c. 265, § 23. 1 Prior to jury empanelment, the juvenile moved to dismiss the youthful offender indictment arguing that the charge of rape of a child does not involve the threat or infliction of…”

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