SENATE DOCKET, NO. 891        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 869

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Joan B.  Lovely

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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 relating 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:

Joan B.  Lovely

Second Essex


SENATE DOCKET, NO. 891        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 869

By Ms. Lovely, a petition (accompanied by bill, Senate, No. 869) of Joan B.  Lovely for legislation relative to the age of consent in certain criminal prosecutions for sexual assault and rape of a child.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

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

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An Act relating 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 19 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 $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.