Amendment ID: S2185-61.1

Further Amendment 61.1

Rape Against a Child

Ms. Creem moves to further amend amendment #61 to amend the pending amendment, number 61, by striking out the text and inserting in place the following text:-

by striking section 143 and inserting in place thereof the following section:-

“SECTION 143. Said chapter 265 is hereby further amended by striking out section 23, as so appearing, and inserting in place thereof the following section:-

Section 23. Whoever has sexual intercourse with a minor under 16 years of age and: (i) the defendant is more than 2 years older than the minor; or (ii) 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 of years 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 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 a complaint in juvenile court or in a juvenile session of a district court.”.