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Massachusetts General Laws - Crimes Against the Person - Chapter 265, Section 13BLegal Research Home > Massachusetts Lawyer > Crimes Against the Person > Massachusetts General Laws - Crimes Against the Person - Chapter 265, Section 13B Sponsored LinksIndecent assault and battery on child under fourteen; penalties; subsequent offenses; eligibility for parole, etc.. Section 13B. Whoever commits an indecent assault and battery on a child under the age of fourteen shall be punished by imprisonment in the state prison for not more than ten 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 any term of years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding. 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. In a prosecution under this section, a child under the age of fourteen years shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted. Last modified: March 8, 2006 |