Indecent Assault And Battery On A Child Under 14
The crime of indecent assault and battery on a child under 14 is essentially an assault and battery, but where the touching involves an indecent act against a child under 14 years of age. An indecent act is one that is fundamentally offensive to contemporary standards of decency, most often involving touching portions of the anatomy commonly thought private.
Massachusetts General Laws Chapter 265, Section 13B punishes the crime of indecent assault and battery on a child under 14 by imprisonment in the House of Corrections for up to 2.5 years, or to state prison for up to 10 years.
In order to prove indecent assault and battery on a child under 14, the prosecutor must prove, beyond a reasonable doubt:
- That the alleged victim was not yet 14 years of age at the time of the alleged offense
- That the defendant committed an assault and battery on that child, in other words, an intentional touching without legal justification or excuse
- That that assault and battery was indecent
Because this particular criminal offense involves children under the age of 14, whether or not the victim consented to any of the alleged touching is irrelevant.
A conviction for indecent assault and battery on a child under 14 would also render the defendant subject to sex offender registration with the Massachusetts Sex Offender Registry Board; require him/her to submit a DNA sample to the state’s DNA database; could result in a term of community parole supervision for life to be imposed; and may serve as a predicate sexual offense for civil commitment as a ‘sexually dangerous person.’
Boston criminal defense lawyer Lefteris K. Travayiakis has experience in defending persons accused of sex crimes, and is available 24/7 for consultation to help explain and defend your legal rights.
To schedule a free consultation with a Boston sex crimes lawyer, contact the firm online or call 617-657-2333.