HOUSE DOCKET, NO. 4139        FILED ON: 9/3/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3788

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Peter J. Durant

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the age of consent in certain criminal prosecutions for sexual assault and rape of a child.

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PETITION OF:

 

Name:

District/Address:

Date Added:

Peter J. Durant

6th Worcester

9/3/2015

Dudley Chief of Police Steven Wojnar

71 West Main Street, Dudley, MA 01571

7/29/2015

Timothy R. Whelan

1st Barnstable

7/22/2019

Kevin J. Kuros

8th Worcester

7/22/2019


HOUSE DOCKET, NO. 4139        FILED ON: 9/3/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3788

By Mr. Durant of Spencer, a petition (subject to Joint Rule 12) of Peter J. Durant and others relative to the age of consent in certain criminal prosecution for sexual assault and rape of a child by certain employees or contractors.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act relative to the age of consent in certain criminal prosecutions for sexual assault and rape of a child.

 

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 268 of the General Laws is hereby amended by adding after section 21A, as so appearing, the following paragraph: -

Section 21B.  Any person who is employed by or contracts with any public or private school, or any institution of higher learning, or the department of youth services, the department of social services, the department of mental health, the department of developmental disabilities, or any private institution providing services to clients of such departments, and who, in the course of such employment or contract or as a result thereof, engages in sexual abuse of a person under the age of 18 who is served by such school, department or institution, within or outside of such school, department or institution, shall be punished by imprisonment for not more than five years in a state prison or by a fine of not more than $10,000 or both. In a prosecution commenced under this section, an individual served by such school, department or institution shall be deemed incapable of consent to sexual relations with such person. For purposes of this section, sexual relations shall be defined as that term is used of chapter 260,  section 4C.