SECTION 1. Section 13B of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “prosecuted” the following words:- unless the defendant is not more than 2 years older than the minor and the minor has attained the age of 13 years.

Notwithstanding the provisions of section 54 of chapter 119 or any other general or special law to the contrary, in a prosecution under this section in which the defendant is under the age of criminal majority at the time of the offense, 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, unless the defendant is not more than 2 years older than the minor and the minor has attained the age of 13 years, 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. 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, in a prosecution under this section in which the defendant is under the age of criminal majority at the time of the offense, 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 Section 4 of chapter 272 of the General Laws is hereby repealed.