HOUSE DOCKET, NO. 2888 FILED ON: 1/17/2019
HOUSE . . . . . . . . . . . . . . . No. 1493
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The Commonwealth of Massachusetts
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PRESENTED BY:
Jack Patrick Lewis and Aaron Vega
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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 clarifying consent laws for adolescents.
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PETITION OF:
Name: | District/Address: | Date Added: |
Jack Patrick Lewis | 7th Middlesex | 1/17/2019 |
Aaron Vega | 5th Hampden | 1/18/2019 |
Dylan A. Fernandes | Barnstable, Dukes and Nantucket | 1/18/2019 |
Julian Cyr | Cape and Islands | 1/24/2019 |
Kay Khan | 11th Middlesex | 1/31/2019 |
Jason M. Lewis | Fifth Middlesex | 1/25/2019 |
Maria Duaime Robinson | 6th Middlesex | 1/25/2019 |
Tram T. Nguyen | 18th Essex | 1/25/2019 |
Elizabeth A. Malia | 11th Suffolk | 1/28/2019 |
Mike Connolly | 26th Middlesex | 1/28/2019 |
Christina A. Minicucci | 14th Essex | 1/29/2019 |
Natalie M. Higgins | 4th Worcester | 1/29/2019 |
Tommy Vitolo | 15th Norfolk | 1/30/2019 |
Mary S. Keefe | 15th Worcester | 1/30/2019 |
Carmine Lawrence Gentile | 13th Middlesex | 1/30/2019 |
Joseph A. Boncore | First Suffolk and Middlesex | 1/30/2019 |
James B. Eldridge | Middlesex and Worcester | 1/30/2019 |
Tami L. Gouveia | 14th Middlesex | 1/30/2019 |
Liz Miranda | 5th Suffolk | 1/31/2019 |
Patricia D. Jehlen | Second Middlesex | 1/31/2019 |
David Allen Robertson | 19th Middlesex | 2/1/2019 |
Rebecca L. Rausch | Norfolk, Bristol and Middlesex | 2/1/2019 |
Carlos González | 10th Hampden | 2/1/2019 |
Lindsay N. Sabadosa | 1st Hampshire | 2/1/2019 |
HOUSE DOCKET, NO. 2888 FILED ON: 1/17/2019
HOUSE . . . . . . . . . . . . . . . No. 1493
By Messrs. Lewis of Framingham and Vega of Holyoke, a petition (accompanied by bill, House, No. 1493) of Jack Patrick Lewis, Aaron Vega and others relative to the penalties for violations of age of consent laws for adolescents. The Judiciary. |
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act clarifying consent laws for adolescents.
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, as appearing in the 2016 Official Edition, is hereby amended by striking out section 13B and inserting in place thereof the following: -
Section 13B. Whoever commits an indecent assault and battery on a minor under the age 14 shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2½ years. A prosecution commenced under this section shall neither be continued without a finding nor placed on file. In a prosecution under this section, a minor under the age of 14 years shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted unless: (a) The defendant is no more than 2 years older than the minor and the minor has attained the age of 13.
Notwithstanding the provisions of section 54 of Chapter 119 or any other general or special law to the contrary, the commonwealth shall only proceed by complaint in juvenile court or in a juvenile session of a district court.
SECTION 2. Said chapter 265, as so appearing, is hereby amended by striking out section 23 and inserting in place thereof the following:-
Section 23. Whoever has sexual intercourse or unnatural sexual intercourse with a minor under 16 years of age, provided that the defendant is more than 2 years older than the minor and the minor is under 13 year of age, shall be punished by imprisonment in the state prison for life or for any term of years, or, except as otherwise provided, for any term in a jail or house of correction, provided, however, that a prosecution commenced under this section shall not be placed on file or continued without a finding.
Notwithstanding the provisions of section 54 of Chapter 119 or any other general or special law to the contrary, the commonwealth shall only proceed by complaint in juvenile court or in a juvenile session of a district court.
SECTION 3. Section 4 of chapter 272 of the General Laws, as appearing in the 2016 Official Edition, is hereby repealed.
SECTION 4. This act shall take effect upon its passage.