Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 24 (2026)

Assault with intent to commit rape; weapons; punishment; eligibility for furloughs, education, training or employment programs

✓ current as of July 2026

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Section 24. Whoever assaults a person with intent to commit a rape shall be punished by imprisonment in the state prison for not more than twenty years or by imprisonment in a jail or house of correction for not more than two and one-half years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years. Whoever commits any offense described in this section while armed with a firearm, as defined in section 121 of chapter 140, shall be punished by imprisonment in the state prison for not less than five years. Whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 20 years.

No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.

Notes of Decisions

Cited in 60 cases (9 in the last 5 years), 1973–2025 · leading case: Commonwealth v. Bargeron, 524 N.E.2d 829 (Mass. 1988).

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Commonwealth v. Bargeron, 524 N.E.2d 829 (Mass. 1988). · cites it 4× “Assault with intent to rape is one of the many crimes governed by the statute of limitations set forth in G.”

Doe v. Sex Offender Registry Bd., 130 N.E.3d 778 (Mass. 2019). “265, § 22, and one count of assault with intent to rape, G. L. c. 265, § 24, stemming from three separate incidents involving three different women.”

Commonwealth v. Jean Lahens., 100 Mass. App. Ct. 310 (Mass. App. Ct. 2021). · cites it 3× “" At the trial of indictments charging the defendant with, inter alia, assault with intent to rape, G. L. c. 265, § 24, the evidence was sufficient to prove an intent to rape, given the defendant's prior conspicuous sexual advances (i.”

Commonwealth v. Arana, 901 N.E.2d 99 (Mass. 2009). “265, § 22A; one charging assault with attempt to commit rape, G. L. c. 265, § 24; two charging the lesser offense of indecent assault and battery on a person who has attained the age of fourteen years, G.”

Commonwealth v. Suarez, 129 N.E.3d 297 (Mass. App. Ct. 2019). · cites it 2× “22 He argues that the sentence of from twelve to eighteen years in State prison for assault with intent to rape had at least the appearance of being based on consideration of criminal conduct for which the defendant had not been convicted.”

Commonwealth v. Harris, 825 N.E.2d 58 (Mass. 2005). “265, § 22A), assault with intent to rape a child (G. L. c. 265, § 24B), indecent assault and battery on a child (G.”

Commonwealth v. Mattei, 920 N.E.2d 845 (Mass. 2010). “266, § 17; assault with intent to rape, in violation of G. L. c. 265, § 24; indecent assault and battery on a person fourteen years of age or older, in violation of G.”

Commonwealth v. Gallant, 369 N.E.2d 707 (Mass. 1977). “265, § 23 (consensual intercourse with a minor), G. L. c. 265, § 24 (assault with intent to rape), G.”

Commonwealth v. Burke, 457 N.E.2d 622 (Mass. 1983). “Roosnell involved the assault with intent to rape statute, the predecessor of G. L. c. 265, §§ 24, 24B. The defendant had attempted unsuccessfully to have consensual sexual intercourse with girls below the age of consent, then ten years.”

Commonwealth v. Pagan, 834 N.E.2d 240 (Mass. 2005). “265, § 23), assault with intent to commit rape (G. L. c. 265, § 24), assault on a child under sixteen years with intent to commit rape (G.”

Commonwealth v. Leslie, 382 N.E.2d 1072 (Mass. 1978). · cites it 2× “Leslie on June 23, 1975, was acquitted by a jury of the first two charges, and convicted of the others; the assault and battery conviction, however, was dismissed by the trial judge as "duplicitous.”

Commonwealth v. Renderos, 799 N.E.2d 97 (Mass. 2003). “265, § 23]; assault with intent to commit rape under [G. L. c. 265, § 24]; assault of a child under 16 with intent to commit rape under [G.”

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— Mass. Gen. Laws ch. 265, § 24(B) — 1 case

Commonwealth v. Billups, 111 N.E.3d 1112 (Mass. App. Ct. 2018).

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