HOUSE DOCKET, NO. 790        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1537

The Commonwealth of Massachusetts

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PRESENTED BY:

Kenneth I. Gordon

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

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PETITION OF:

HOUSE DOCKET, NO. 790        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1537

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1618 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to the age of consent in certain criminal prosecutions and civil actions 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, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 21A the following paragraphs:-

Section 21B.  Any person who is employed by or contracts with any public or private school, or the department of youth services, the department of children and families, the department of mental health, the department of developmental services, 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, or under the age of 22 under Chapter 71B, who has not received a high school diploma, a general educational development certificate, or an equivalent document and 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.

Any person who is employed or contracted by an institution of higher learning, and who, in the course of such employment or as a result thereof, engages in sexual abuse of a person who is 19 years of age or under who has not received a high school diploma, a general educational development certificate, or an equivalent document and who is enrolled in or attending the college or university at which the person is employed, 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 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.

Section 21C.  Any person who is sexually abused by an employee or contractor with any public or private school, or the department of youth services, the department of children and families, the department of mental health, the department of developmental services, 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, or under the age of 22 under Chapter 71B, who has not received a high school diploma, a general educational development certificate, or an equivalent document and who is served by such school, department or institution, within or outside of such school, department or institution, shall have a cause of action against such an employee or contractor, under chapter 260,  section 4C.  In a civil action commenced under said section, a person served by such school, department or institution shall be deemed incapable of consent to sexual relations with such an employee or contractor.

       Any person who is employed or contracted by a college or university, and who, in the course of such employment or as a result thereof, engages in sexual abuse of a person who is 19 years of age or under who has not received a high school diploma, a general educational development certificate or an equivalent document and who is enrolled in or attending the college or university at which the person is employed, shall have a cause of action against such an employee or contractor, under chapter 260, section 4C.