Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 23A (2026)

Rape and abuse of child aggravated by age difference between defendant and victim or by when committed by mandated reporters; penalties

✓ current as of July 2026

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Section 23A. Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age and:

(a) there exists more than a 5 year age difference between the defendant and the victim and the victim is under 12 years of age;

(b) there exists more than a 10 year age difference between the defendant and the victim where the victim is between the age of 12 and 16 years of age; or

(c) at the time of such intercourse, was a mandated reporter as defined in section 21 of chapter 119, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 10 years. The sentence imposed on such person shall not be reduced to less than 10 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 10 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 68 cases (38 in the last 5 years), 2012–2026 · leading case: Scione v. Commonwealth Commonwealth v. Barnes, 114 N.E.3d 74 (Mass. 2019).

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Scione v. Commonwealth Commonwealth v. Barnes, 114 N.E.3d 74 (Mass. 2019). · cites it 8× “Barnes and William Scione, charged with violating G. L. c. 265, § 23A (§ 23A) (rape of child aggravated by age difference, i.”

Commonwealth v. Wayne Foreman., 101 Mass. App. Ct. 398 (Mass. App. Ct. 2022). · cites it 7× “265, § 22A, were not duplicative of his convictions of rape of a child aggravated by age difference, in violation of G. L. c. 265, § 23A, where both were freestanding crimes such that each required proof of an element that the other did not.”

United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). · cites it 3× “Law § 3-304(a)(3); Mass. Gen. Laws Ann. ch. 265, § 23A(a); Minn.”

Commonwealth v. Dirgo, 52 N.E.3d 160 (Mass. 2016). “After a jury trial, the defendant, Aaron Dirgo, was convicted of aggravated rape and abuse of a child (four counts), G. L. c. 265, § 23A, and indecent assault and battery on a child under fourteen years of age (two counts), G.”

United States v. Rios-Rivera, 913 F.3d 38 (1st Cir. 2019). “5 (d) (permitting sentence up to four years), with Mass. Gen. Laws ch. 265, § 23A (mandating a minimum sentence of ten years with a maximum of life).”

Commonwealth v. Garcia, 120 N.E.3d 341 (Mass. App. Ct. 2019). · cites it 2× “272, § 28 ; rape of a child aggravated by age difference, G. L. c. 265, § 23A ( a ) ; 1 incest, G. L.”

Commonwealth v. McDonagh, 102 N.E.3d 369 (Mass. 2018). “**132 In 2014, William McDonagh was convicted on two indictments charging aggravated statutory rape, in violation of G. L. c. 265, § 23A, and three indictments charging indecent assault and battery on a child under the age of fourteen, in violation of G.”

Commonwealth v. Williamson, 971 N.E.2d 250 (Mass. 2012). “265, § 23; aggravated statutory rape, G. L. c. 265, § 23A; statutory rape, subsequent offense, G.”

Commonwealth v. Samuel S., a Juv., 69 N.E.3d 573 (Mass. 2017). “265, § 22A, and two counts of aggravated rape of a child, G. L. c. 265, § 23A. In January, 2015, all charges were resolved pursuant to a plea agreement.”

Commonwealth v. George W. Prescott Publ'g Co., 463 Mass. 258 (Mass. 2012). “Two days later, a criminal complaint issued in the District Court charging O’Connell with aggravated statutory rape, G. L. c. 265, § 23A; engaging in sexual conduct for a fee, G.”

Commonwealth v. Asenjo, 477 Mass. 599 (Mass. 2017). “See G. L. c. 265, § 23A. 2 In a separate trial in April, 2015, her codefendant, Luis Rivera, was acquitted on three counts of aggravated rape of a child.”

Commonwealth v. Casbohm, 116 N.E.3d 633 (Mass. App. Ct. 2018). “*614 After a jury trial, the defendant was convicted on three indictments, charging aggravated rape of a child under the age of sixteen by means of sexual intercourse, that rape being aggravated by an age difference of more than ten years between them, G. L. c. 265, § 23A…”

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— Mass. Gen. Laws ch. 265, § 23A(a) — 1 case

United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). “Law § 3-304(a)(3); Mass. Gen. Laws Ann. ch. 265, § 23A(a); Minn.”

— Mass. Gen. Laws ch. 265, § 23A(b) — 1 case

Commonwealth v. Santiago, 33 Mass. L. Rptr. 98 (Mass. Super. Ct. 2015).

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