Massachusetts General Laws

Mass. Gen. Laws ch. 268, § 21A (2026)

Officer or other employee of penal or correctional institution; sexual relations with inmate; punishment

✓ current as of July 2026

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Section 21A. An officer or other person who is employed by or contracts with any penal or correctional institution in the commonwealth, and who, in the course of such employment or contract or as a result thereof, engages in sexual relations with an inmate confined therein, within or outside of such institution, or an inmate who is otherwise under the direct custodial supervision and control of such officer or other person, shall be punished by imprisonment for not more than five years in a state prison or by a fine of $10,000 or both. In a prosecution commenced under this section, an inmate shall be deemed incapable of consent to sexual relations with such person. For purposes of this section, sexual relations shall include intentional, inappropriate contact of a sexual nature, including, but not limited to conduct prohibited by section 22 or 24 of chapter 265 or section 2, 3, 35 or 53A of chapter 272.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 2004–2025 · leading case: Crawford v. Cuomo, 796 F.3d 252 (2d Cir. 2015).

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Crawford v. Cuomo, 796 F.3d 252 (2d Cir. 2015). “Law § 3-314; Mass. Gen. Laws ch. 268, § 21A; Minn.Stat.”

Chao v. Ballista, 630 F. Supp. 2d 170 (D. Mass. 2009). · cites it 2× “See Mass. Gen. L. ch. 268, § 21A. While Ballista has been prosecuted for his actions, Chao now seeks to recover under 42 U.”

Kane v. Winn, 319 F. Supp. 2d 162 (D. Mass. 2004). “Murphy, supra; see Mass. Gen. Laws ch. 268, § 21A. At the time the statute was passed, Massachusetts was one of thirteen states that had yet to pass such a law.”

Rodriguez v. McClenning, 399 F. Supp. 2d 228 (S.D.N.Y. 2005). “120 (Banks-Baldwin 2002); Mass. Gen. Laws ch. 268 § 21A (1999); Minn.”

M.G. v. G.A., 112 N.E.3d 837 (Mass. App. Ct. 2018). · cites it 2× “As we explain below, this conduct involves "inappropriate contact of a sexual nature," G. L. c. 268, § 21A, which we conclude is encompassed by the phrase "sexual relations" as it appears in the definition of abuse in G.”

Chao v. Ballista, 772 F. Supp. 2d 337 (D. Mass. 2011). “Ballista was suspended, later prosecuted and convicted of sexual relations with an inmate, a crime against public justice in violation of Mass. Gen. Laws c. 268 § 21A. Upon her release from the correctional center, Chao filed this civil suit against Ballista and several prison…”

State v. Coleman, 684 S.E.2d 513 (N.C. Ct. App. 2009). “, Criminal Law § 3-308 (LexisNexis 2009); Mass. Gen. Laws Ann. ch. 268, § 21A (West 2009); Mich.”

Chao v. Ballista, 806 F. Supp. 2d 358 (D. Mass. 2011). · cites it 2× “Mass. Gen. Laws ch. 268 § 21A. In addition to the risks of retraumatization, guards’ sexual misconduct has other consequences.”

Anthony Williams v. Commonwealth (Mass. 2025). · cites it 4× “The Commonwealth presented evidence to the grand jury that the defendant, an assistant director of an inmate prerelease program, had allegedly offered to conceal an inmate's failure to pass a drug test in exchange for oral sex.”

M.G. v. G.A. (Mass. App. Ct. 2018). · cites it 2× “When the evidence is viewed in the light most favorable to the plaintiff, the facts in this case are that after the parties had begun to engage in consensual sexual intercourse, the plaintiff withdrew her consent, but the defendant remained on top of her and masturbated until he…”

Commonwealth v. Butler (Mass. App. Ct. 2020). “G. L. c. 268, § 21A. In such prosecutions, "an inmate shall be deemed incapable of consent.”

Perna v. Martinez (D. Mass. 2021). “2d at 173 (citing Mass. Gen. Laws ch. 268, § 21A). That Mr.”

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