SENATE DOCKET, NO. 2095        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1014

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Rebecca L. Rausch

_________________

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 consensual adolescent sexual activity.

_______________

PETITION OF:

 

Name:

District/Address:

 

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

 

Jack Patrick Lewis

7th Middlesex

1/18/2019

Jason M. Lewis

Fifth Middlesex

1/24/2019

Mike Connolly

26th Middlesex

1/28/2019

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

Mary S. Keefe

15th Worcester

1/31/2019

Patricia D. Jehlen

Second Middlesex

1/31/2019

Liz Miranda

5th Suffolk

2/1/2019

Christina A. Minicucci

14th Essex

2/1/2019

Julian Cyr

Cape and Islands

2/1/2019


SENATE DOCKET, NO. 2095        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1014

By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1014) of Rebecca L. Rausch, Jack Patrick Lewis, Jason M. Lewis, Mike Connolly and other members of the General Court for legislation relative to consensual adolescent sexual activity.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act relative to consensual adolescent sexual activity.

 

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 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 further 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 years 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.