SENATE DOCKET, NO. 1017 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1110
|
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 supporting consenting young adults.
_______________
PETITION OF:
Name: | District/Address: |
|
Rebecca L. Rausch | Norfolk, Worcester and Middlesex |
|
Jack Patrick Lewis | 7th Middlesex | 1/23/2023 |
SENATE DOCKET, NO. 1017 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1110
By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1110) of Rebecca L. Rausch and Jack Patrick Lewis for legislation relative to support consenting young adults. The Judiciary. |
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act supporting consenting young adults.
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. 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.