HOUSE DOCKET, NO. 631        FILED ON: 1/12/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1494

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An act relative to the crime of rape by fraud..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 265 of the General Laws is hereby amended by inserting after section 22A the following section:-

Section 22B.  Whoever has sexual intercourse or unnatural sexual intercourse with a person having obtained that person’s consent by the use of fraud, concealment or artifice, and who thereby intentionally deceived such person so that a reasonable person would not have consented but for the deception, shall be punished by imprisonment in the state prison for life or any term of years. As used in this statute, “fraud” or “artifice” shall not be construed to mean a promise of future consideration.