Assault & Battery on Elderly or Disabled Persons
Massachusetts General Laws Chapter 265, Section 13K, punishes the crime of Assault & Battery on Elderly or Disabled Persons with commitment to state prison for up to 3 years, or up to 2.5 years in the House of Corrections. Where there is evidence of 'bodily injury', the punishment is increased to a period of up to 5 years in state prison; and where there is evidence of 'serious bodily injury', for a period of up to 10 years.
In order to be convicted for the crime of Assault & Battery on an Elderly or Disabled Person, the prosecutor is required to prove, beyond a reasonable doubt:
- The defendant committing a touching, however slight, against a person who was elderly or disabled;
- That the defendant intended to engage in the touching;
- That the touching was harmful or offensive; and
- That it was committed without justification or excuse.
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