Massachusetts General Laws

Mass. Gen. Laws ch. 272, § 35A (2026)

Unnatural and lascivious acts with child under 16

✓ current as of July 2026

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Section 35A. Whoever commits any unnatural and lascivious act with a child under the age of sixteen shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years, and whoever over the age of eighteen commits a second or subsequent such offence shall be sentenced to imprisonment in the state prison for a term of not less than five years.

Notes of Decisions

Cited in 32 cases, 1959–2020 · 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 5× “The evidence at trial in the present case, that of fellatio with a seven-year-old girl, obviously takes the acts of the defendant out of the limited shelter recognized by the Balthazar case for consensual acts of adults committed in private.”

Commonwealth v. Benoit, 531 N.E.2d 262 (Mass. App. Ct. 1988). · cites it 9× “A jury in the Superior Court convicted the defendant on two indictments charging him under G. L. c. 272, § 35A, with the commission of unnatural and lascivious acts *642 on a child under the age of sixteen.”

Commonwealth v. Sylvester, 448 N.E.2d 1106 (Mass. 1983). · cites it 2× “265, § 23, and also appeals from three convictions of unnatural and lascivious acts on a child under sixteen years of age, G.L.c. 272, § 35A. The jury acquitted the defendant of two counts each of rape and unnatural and lascivious acts on one of the three alleged victims.”

Commonwealth v. Ruffen, 507 N.E.2d 684 (Mass. 1987). · cites it 2× “G.L.c. 272, § 35A (1984 ed.). The rape-shield statute does not apply to prosecutions for violation of this statute.”

United States v. Dwinells, 508 F.3d 63 (1st Cir. 2007). “265, § 23 (criminalizing engagement in sexual intercourse with a child under the age of 16), and Mass. Gen. Laws ch. 272, § 35A (criminalizing commission of an unnatural and lascivious act with a child under that age).”

Commonwealth v. Matos, 941 N.E.2d 645 (Mass. App. Ct. 2011). · cites it 3× “272, § 4 (crime to induce “any person under 18 years of age of chaste life to have unlawful sexual intercourse”); G. L. c. 272, § 35A (crime to commit “any unnatural and lascivious act with a child under the age of sixteen”); G.”

Commonwealth v. Pagan, 834 N.E.2d 240 (Mass. 2005). “272, § 3), unnatural and lascivious acts with a child under sixteen years (G. L. c. 272, § 35A), and the offenses for the attempt to violate these sections (G.”

Commonwealth v. Renderos, 799 N.E.2d 97 (Mass. 2003). “272, § 3]; unnatural and lascivious acts with a child under 16 under [G. L. c. 272, § 35A]; or commits an attempt to violate any such section pursuant to [G.”

State v. Bishop, 717 P.2d 261 (Utah 1986). “Mass. Gen. Laws Ann. ch. 272, § 35A. On the other hand, in Idaho and Texas, the defendant could have received a maximum life sentence for any one of his acts, while in Kentucky, North Carolina, Tennessee, and Virginia he could have received a life sentence for sodomizing his…”

Davis, 421 N.E.2d 441 (Mass. 1981). · cites it 2× “” The petitioner appealed this determination to the Appeals Court, which held that sufficient evidence had been introduced to support the judge’s findings, and that consideration given the petitioner’s 1961 conviction under G. L. c. 272, § 35A, was not improper. Davis,…”

Commonwealth v. Hatch, 783 N.E.2d 393 (Mass. 2003). “265, § 13B; and unnatural and lascivious acts on a child under sixteen years of age, in violation of G. L. c. 272, § 35A. Following an evidentiary hearing, a District Court judge found that the defendant was incompetent to stand trial.”

Commonwealth v. Baird, 247 N.E.2d 574 (Mass. 1969). · cites it 2× “G.L.c. 272, § 35A. The maximum sentence for adultery is three years and that for fornication is three months.”

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