Posts Tagged ‘Sex Crime’
In action for rape of child under 13, victim’s testimony about ongoing abuse by defendant was relevant to show defendant’s conduct or attitude toward child, prove motive or method, and negate possibility of mistake. Virginia’s Rape Shield Statute precluded defendant from introducing evidence of victim’s prior sexual conduct with third person.
A sex crime is a very serious offense.
The SRIS Law Group Virginia sex crime attorneys can defend you against any type of sex crime charge.
Our Virginia sex crime lawyers have the experience to defend you against any type of sex crime charge.
Contact a SRIS Law Group Virginia sex crime lawyer in Virginia.
Poulson, a passenger in the truck, initially gave the officer a false name and birthdate. When the officer could find no records for the name provided, Poulson provided his correct information, and the officer found the outstanding Virginia warrants. Court records show that Poulson has been charged several times with failing to register as a sex offender.
A sex crime is a very serious offense.
The SRIS Law Group Virginia sex crime attorneys can defend you against any type of sex crime charge.
Our Virginia sex crime lawyers have the experience to defend you against any type of sex crime charge.
Contact a SRIS Law Group Virginia sex crime lawyer in Virginia.
Double jeopardy doctrine barring trials for same conduct under multiple laws unless each law required proof of fact other did not apply in successive separate trials where no one trial court had jurisdiction over all the crimes charged.
A sex crime is a very serious offense.
The SRIS Law Group Virginia sex crime attorneys can defend you against any type of sex crime charge.
Our Virginia sex crime lawyers have the experience to defend you against any type of sex crime charge.
Contact a SRIS Law Group Virginia sex crime lawyer in Virginia.
VIRGINIA SEX CRIME DEFENSE
FORMER PROSECUTORS & POLICE OFFICERS
If you are charged with a sex crime in Virginia, do you need just a plain old criminal lawyer or do you need a lawyer who has specific experience in defending clients charged with a sex crime.
Would you rather go to a general physician for a heart problem or go to a cardiologist?
The laws in Virginia are constantly changing and you need a lawyer who is current with the specific laws that apply to your case.
The field of sex crimes defense requires a lot of experience. You need a Virginia lawyer who is aware of what type of treatment provider is necessary for a sex crime.
You also need a Virginia sex crime defense lawyer who can understands what a judge will likely do if you take a plea vs. take the case to trial.
Lastly, you need a Virginia sex crime defense attorney who has actually taken a sex crime case to trial before a jury.
If you are facing a sex crime in Virginia, contact the SRIS Law Group Virginia sex crime defense lawyers for help.
A SRIS Law Group Virginia Sex crime defense lawyer will discuss the case with you and advise you of your options.
Call today to speak with a Virginia sex crime defense attorney to discuss your case and your future.
Offices in: Fairfax, Richmond, Virginia Beach, Lynchburg, Fredericksburg & Manassas.
Types of Sex Crimes Cases We Handle:
- Sexual Battery
- Aggravated Sexual Battery
- Indecent Liberties With A Minor
- Solicitation of A Minor
- Rape
- Object Sexual Penetration
FORMER PROSECUTORS & POLICE OFFICERS
DEFENDING SEXUAL BATTERY CRIMES IN VIRGINIA
Just because a person is accused of a sex crime does not mean that they are guilty of the charge nor does it mean they are going to jail.
However, a sex crime conviction in Virginia can result in severe penalties if the client is not defended properly. Some of the most commonly charged sex crimes in Virginia are object sexual penetration, aggravated sexual battery & sexual battery.
If you are charged with a sex crime violation in Virginia, you need experienced sex crimes defense attorneys to defend you.
The SRIS Law Group has a history of defending clients charged with sex crimes in Virginia. Our former prosecutors & police officers have successfully defended clients charged with sex crimes in Virginia.
No honest lawyer can give you a guarantee as to the outcome of your case. However, experience counts when defending sex crimes.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg to better serve you.
Two guarantee a SRIS Law Group Virginia criminal defense lawyer will give you:
- We guarantee we will do our best to defend you
- We will do our best to keep you updated as to the status of your case. We will do our best to return all phone calls within 8 hours.
You cannot take a chance when your future is on the line.
The following are some of the different sex crimes we defend in Virginia:
- 18.2-67.2. Object sexual penetration; penalty.
- 18.2-67.3. Aggravated sexual battery; penalty.
- 18.2-67.4. Sexual battery.
- 18.2-67.5. Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery.
- 18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault.
- 18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault.
18.2-67.2. Object sexual penetration; penalty.
A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and
1. The complaining witness is less than 13 years of age, or
2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness’s mental incapacity or physical helplessness.
B. Inanimate or animate object sexual penetration is a felony punishable by confinement in the state correctional facility for life or for any term not less than five years. The penalty for a violation of subdivision A 1 where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of 18.2-47 or 18.2-48, (ii) 18.2-89, 18.2-90 or 18.2-91, or (iii) 18.2-51.2, shall include a mandatory minimum term of confinement of 25 years. If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant’s life, subject to revocation by the court.
In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant’s completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.
C. Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.
18.2-67.3. Aggravated sexual battery; penalty.
A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and
1. The complaining witness is less than 13 years of age, or
2. The act is accomplished through the use of the complaining witness’s mental incapacity or physical helplessness, or
3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age, or
4. The act is accomplished against the will of the complaining witness by force, threat or intimidation, and
a. The complaining witness is at least 13 but less than 15 years of age, or
b. The accused causes serious bodily or mental injury to the complaining witness, or
c. The accused uses or threatens to use a dangerous weapon.
B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.
18.2-67.4. Sexual battery.
A. An accused is guilty of sexual battery if he sexually abuses, as defined in 18.2-67.10, (i) the complaining witness against the will of the complaining witness, by force, threat, intimidation, or ruse, (ii) an inmate who has been committed to jail or convicted and sentenced to confinement in a state or local correctional facility or regional jail, and the accused is an employee or contractual employee of, or a volunteer with, the state or local correctional facility or regional jail; is in a position of authority over the inmate; and knows that the inmate is under the jurisdiction of the state or local correctional facility or regional jail, or (iii) a probationer, parolee, or a pretrial or post trial offender under the jurisdiction of the Department of Corrections, a local community-based probation program, a pretrial services program, a local or regional jail for the purposes of imprisonment, a work program or any other parole/probationary or pretrial services program and the accused is an employee or contractual employee of, or a volunteer with, the Department of Corrections, a local community-based probation program, a pretrial services program or a local or regional jail; is in a position of authority over an offender; and knows that the offender is under the jurisdiction of the Department of Corrections, a local community-based probation program, a pretrial services program or a local or regional jail.
B. Sexual battery is a Class 1 misdemeanor.
18.2-67.5. Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery.
A. An attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration shall be punishable as a Class 4 felony.
B. An attempt to commit aggravated sexual battery shall be a felony punishable as a Class 6 felony.
C. An attempt to commit sexual battery is a Class 1 misdemeanor.
18.2-67.5:1. Punishment upon conviction of third misdemeanor offense.
When a person is convicted of sexual battery in violation of 18.2-67.4, attempted sexual battery in violation of subsection C of 18.2-67.5, a violation of 18.2-371 involving consensual intercourse with a child, indecent exposure of himself or procuring another to expose himself in violation of 18.2-387, or a violation of 18.2-130, and it is alleged in the warrant, information or indictment on which the person is convicted and found by the court or jury trying the case that the person has previously been convicted within the ten-year period immediately preceding the offense charged of two or more of the offenses specified in this section, each such offense occurring on a different date, he shall be guilty of a Class 6 felony.
18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault.
A. Any person convicted of (i) more than one offense specified in subsection B or (ii) one of the offenses specified in subsection B of this section and one of the offenses specified in subsection B of 18.2-67.5:3 when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to the maximum term authorized by statute for such offense, and shall not have all or any part of such sentence suspended, provided it is admitted, or found by the jury or judge before whom the person is tried, that he has been previously convicted of at least one of the specified offenses.
B. The provisions of subsection A shall apply to felony convictions for:
1. Carnal knowledge of a child between thirteen and fifteen years of age in violation of 18.2-63 when the offense is committed by a person over the age of eighteen;
2. Carnal knowledge of certain minors in violation of 18.2-64.1;
3. Aggravated sexual battery in violation of 18.2-67.3;
4. Crimes against nature in violation of subsection B of 18.2-361;
5. Adultery or fornication with one’s own child or grandchild in violation of 18.2-366;
6. Taking indecent liberties with a child in violation of 18.2-370 or 18.2-370.1; or
7. Conspiracy to commit any offense listed in subdivisions 1 through 6 pursuant to 18.2-22.
C. For purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth and the offense was committed less than twenty years before the second offense.
The Commonwealth shall notify the defendant in writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.
18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault.
A. Any person convicted of more than one offense specified in subsection B, when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to life imprisonment and shall not have all or any portion of the sentence suspended, provided it is admitted, or found by the jury or judge before whom he is tried, that he has been previously convicted of at least one of the specified offenses.
B. The provisions of subsection A shall apply to convictions for:
1. Rape in violation of 18.2-61;
2. Forcible sodomy in violation of 18.2-67.1;
3. Object sexual penetration in violation of 18.2-67.2;
4. Abduction with intent to defile in violation of 18.2-48; or
5. Conspiracy to commit any offense listed in subdivisions 1 through 4 pursuant to 18.2-22.
C. For purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth and the offense was committed less than twenty years before the second offense.
The Commonwealth shall notify the defendant in writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.
SEX CRIMES LAWYERS MARYLAND
Are you looking for a sex crimes lawyer in Maryland to defend you against a sex crime charge?
If you are looking for a sex crimes lawyer in Maryland to defend you, how do you know who is the right Maryland lawyer for you?
The first step towards finding the right sex crimes lawyer in Maryland is to talk to the Maryland lawyer and determine if they have handled cases like yours previously.
Some of the different sex crimes cases we have defended are: Maryland sexual battery, Maryland aggravated sexual battery, Maryland rape, Maryland marital rape, etc.
Also, take the time to review the sex crimes defense lawyer’s background and experience. A lot of Maryland attorneys claim they defend individuals charged with a sex crime in Maryland, but that does not mean they have the experience to defend you.
The SRIS Law Group sex crimes attorneys have the experience and skills necessary to defend you.
Why?
Because, most of our sex crimes lawyers in Maryland are former prosecutors. Who better to defend you than the Maryland attorneys who have been on the other side of the courtroom?
Also, we have the manpower to defend you against even the most serious sex crimes allegations.
Our Maryland law firm has offices in Rockville & Baltimore.
Learn more about our sex crimes lawyers in MD.
SEX CRIMES LAWYERS MASSACHUSETTS
Are you looking for a sex crimes lawyer in Massachusetts to defend you against a sex crime charge?
If you are looking for a sex crimes lawyer in Massachusetts to defend you, how do you know who is the right Massachusetts lawyer for you?
The first step towards finding the right sex crimes lawyer in Massachusetts is to talk to the Massachusetts lawyer and determine if they have handled cases like yours previously. Some of the different sex crimes cases we have defended are: Massachusetts sexual battery, Massachusetts aggravated sexual battery, Massachusetts rape, Massachusetts marital rape, etc.
Also, take the time to review the sex crimes defense lawyer’s background and experience. A lot of Massachusetts attorneys claim they defend individuals charged with a sex crime in Massachusetts, but that does not mean they have the experience to defend you.
The SRIS Law Group sex crimes attorneys have the experience and skills necessary to defend you.
Why?
Because, most of our sex crimes lawyers in Massachusetts are former prosecutors. Who better to defend you than the Massachusetts attorneys who have been on the other side of the courtroom?
Also, we have the manpower to defend you against even the most serious sex crimes allegations.
Our Massachusetts law firm has offices in Boston & Cambridge.
Learn more about our sex crimes lawyers in MA.
SEX CRIMES LAWYERS VIRGINIA
Are you looking for a sex crimes lawyer in Virginia to defend you against a sex crime charge?
If you are looking for a sex crimes lawyer in Virginia to defend you, how do you know who is the right Virginia lawyer for you?
The first step towards finding the right sex crimes lawyer in Virginia is to talk to the Virginia lawyer and determine if they have handled cases like yours previously.
Some of the different sex crimes cases we have defended are: Virginia sexual battery, Virginia aggravated sexual battery, Virginia rape, Virginia marital rape, etc.
Also, take the time to review the sex crimes lawyer’s background and experience. A lot of Virginia attorneys claim they defend individuals charged with a sex crime in Virginia, but that does not mean they have the experience to defend you.
The SRIS Law Group sex crimes attorneys in Virginia have the experience and skills necessary to defend you.
Why?
Because, most of our sex crimes lawyers in Virginia are former prosecutors. Some of them have even been former cops.
Who better to defend you than the Virginia attorneys who have been on the other side of the courtroom?
Also, we have the manpower to defend you against even the most serious sex crimes allegations. Our firm has over 5 former prosecutors who defend sex crimes in Virginia.
Our Virginia law firm has offices in Fairfax, Richmond, Virginia Beach, Fredericksburg, Lynchburg & Manassas.
Learn more about our sex crimes lawyers in VA.
MASSACHUSETTS CRIMINAL DEFENSE ATTORNEYS
DEFEND CLIENTS CHARGED WITH RAPE & CHILD MOLESTATION IN MASSACHUSETTS
The Massachusetts criminal justice system takes a no holds barred approach towards those who are accused of a sex crime such as rape or child molestation in Massachusetts. In the eyes of the Massachusetts Court, the District Attorney and the Public, the most heinous of sex crimes is sex crimes against women and children. If you are accused of rape in Massachusetts or child molestation/abuse in Massachusetts, you must have a Massachusetts sex offense attorney who is not scared of the Court, district attorney or public opinion. You will find such an attorney at the Massachusetts Law Office of SRIS,P.C. Our sex offense attorneys will aggressively defend you against charges of rape in Massachusetts or child abuse/molestation in Massachusetts. Our sex offense attorneys in Massachusetts are not shy about saying they defend clients who are charged with rape or child abuse offenses in Massachusetts. The Massachusetts criminal defense attorneys of SRIS, P.C. have an office located in the City of Boston, Massachusetts . If you wish to consult a SRIS, P.C. Massachusetts sex crimes attorney who defends clients charged with rape in Massachusetts or child molestation in Massachusetts, please simply contact us via e-mail, phone, or by filling out our on-line form. A Massachusetts sex offense lawyer of SRIS, P.C. will consult with you regarding your matter and advise you as to how we can best help you.
BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747
To obtain a general overview of rape & child molestation defense, please click here.
To learn more about the laws pertaining to rape & child molestation defense in Virginia or Maryland, please click on the state.
Click on the type of charge you wish to learn more about:
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RAPE
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CHILD MOLESTATION
The following are some of the Rape Laws in the State of Massachusetts. Click on the Law that you would like to learn more about. (top)
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Rape, generally; weapons; punishment; eligibility for furlough, education, training or employment programs
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Rape of child; use of force; weapons; punishment
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Rape and abuse of child
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Assault with intent to commit rape; weapons; punishment; eligibility for furloughs, education, training or employment programs
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Venue
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Assault of child; intent to commit rape; weapons; punishment
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Victim’s name; confidentiality
- Construction of words used in indictment
MA Code Section 22. Rape, generally; weapons; punishment; eligibility for furlough, education, training or employment programs (top)
Section 22. (a) Whoever has sexual intercourse or unnatural sexual intercourse with a person, and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury and if either such sexual intercourse or unnatural sexual intercourse results in or is committed with acts resulting in serious bodily injury, or is committed by a joint enterprise, or is committed during the commission or attempted commission of an offense defined in section fifteen A, fifteen B, seventeen, nineteen or twenty-six of this chapter, section fourteen, fifteen, sixteen, seventeen or eighteen of chapter two hundred and sixty-six or section ten of chapter two hundred and sixty-nine shall be punished by imprisonment in the state prison for life or for any term of years.
No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.
(b) Whoever has sexual intercourse or unnatural sexual intercourse with a person and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for not more than twenty years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term or years.
Whoever commits any offense described in this section while being armed with a firearm, rifle, shotgun, machine-gun or assault weapon, shall be punished by imprisonment in the state prison for not less than ten years. Whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years.
No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.
For the purposes of prosecution, the offense described in subsection (b) shall be a lesser included offense to that described in subsection (a).
MA Code Section 22A. Rape of child; use of force; weapons; punishment (top)
Section 22A. Whoever has sexual intercourse or unnatural sexual intercourse with a child under sixteen, and compels said child to submit by force and against his will or compels said child to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for life or for any term of years; and whoever over the age of eighteen commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be sentenced to the state prison for life or for any term of years, but not less than ten years. Whoever over the age of 18 commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than 20 years.
MA Code Section 23. Rape and abuse of child (top)
Section 23. Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under sixteen years of age shall, for the first offense, 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, and for the second or subsequent offense by imprisonment in the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
MA Code Section 24. Assault with intent to commit rape; weapons; punishment; eligibility for furloughs, education, training or employment programs (top)
Section 24. Whoever assaults a person with intent to commit a rape shall be punished by imprisonment in the state prison for not more than twenty years or by imprisonment in a jail or house of correction for not more than two and one-half years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years. Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years. Whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 20 years.
No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.
MA Code Section 24A. Venue (top)
Section 24A. If, in connection with the alleged commission of a crime described in section thirteen B, thirteen F, thirteen H, twenty-two, twenty-two A, twenty-three, twenty-four or twenty-four B of this chapter or in section five of chapter two hundred and seventy-two, the person against whom said crime is alleged to have been committed has been conveyed from one county or judicial district into another, said crime may be alleged to have been committed, and may be prosecuted and punished, in the county or judicial district where committed or from which such person was so conveyed.
MA Code Section 24B. Assault of child; intent to commit rape; weapons; punishment (top)
Section 24B. Whoever assaults a child under sixteen with intent to commit a rape, as defined in section thirty-nine of chapter two hundred and seventy-seven, shall be punished by imprisonment in the state prison for life or for any term of years; and whoever over the age of eighteen commits a subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years but not less than five years.
Whoever commits any offense described in this section while being armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for life or for any term of years, but not less than ten years. Whoever over the age of 18 commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years.
MA Code Section 24C. Victim’s name; confidentiality (top)
Section 24C. That portion of the records of a court or any police department of the commonwealth or any of its political subdivisions, which contains the name of the victim in an arrest, investigation or complaint for rape or assault with intent to rape under section thirteen B, twenty-two, twenty-two A, twenty-three, twenty-four or twenty-four B, inclusive, of chapter two hundred and sixty-five, shall be withheld from public inspection, except with the consent of a justice of such court where the complaint or indictment is or would be prosecuted.
Said portion of such court record or police record shall not be deemed to be a public record under the provisions of section seven of chapter four.
Except as otherwise provided in this section, it shall be unlawful to publish, disseminate or otherwise disclose the name of any individual identified as an alleged victim of any of the offenses described in the first paragraph. A violation of this section shall be punishable by a fine of not less than two thousand five hundred dollars nor more than ten thousand dollars.
M.G.L.A. 277 § 39- Construction of words used in indictment (top)
Aggravated Rape.–Sexual intercourse or unnatural sexual intercourse by a person with another person who is compelled to submit by force and against his will or by threat of bodily injury; and either such sexual intercourse or unnatural sexual intercourse results in or is committed with acts resulting in serious bodily injury, or is committed by a joint enterprise, or is committed during the commission or attempted commission of an offense defined in section fifteen A, fifteen B, seventeen, nineteen or twenty-six of chapter two hundred and sixty-five, section fourteen, fifteen, sixteen, seventeen or eighteen of chapter two hundred and sixty-six, or section ten of chapter two hundred and sixty-nine.
CHILD MOLESTATION (top)
The following are some of the Child Molestation Laws in the State of Massachusetts.
- Indecent assault and battery on child under fourteen; penalties; subsequent offenses; eligibility for parole, etc.
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Rape of child; use of force; weapons; punishment
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Rape and abuse of child
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Assault of child; intent to commit rape; weapons; punishment
- Kidnapping; weapons; child under age 16; punishment
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Definition of “entice”; enticement of child under age 16; punishment
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Unnatural and lascivious acts with child under 16
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Posing or exhibiting child in state of nudity or sexual conduct; punishment
- Dissemination of visual material of child in state of nudity or sexual conduct; punishment
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Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment
CHILD MOLESTATION
M.G.L.A. 265 § 13B- Indecent assault and battery on child under fourteen; penalties; subsequent offenses; eligibility for parole, etc. (top)
Whoever commits an indecent assault and battery on a child under the age of fourteen shall be punished by imprisonment in the state prison for not more than ten years, or by imprisonment in a jail or house of correction for not more than two and one-half years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or any term of years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.
In a prosecution under this section, a child under the age of fourteen years shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.
M.G.L.A. 265§ 22A- Rape of child; use of force; weapons; punishment (top)
Whoever has sexual intercourse or unnatural sexual intercourse with a child under sixteen, and compels said child to submit by force and against his will or compels said child to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for life or for any term of years; and whoever over the age of eighteen commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be sentenced to the state prison for life or for any term of years, but not less than ten years. Whoever over the age of 18 commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than 20 years.
M.G.L.A. 265§ 23- Rape and abuse of child (top)
Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under sixteen years of age shall, for the first offense, 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, and for the second or subsequent offense by imprisonment in the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
M.G.L.A. 265§ 24B- Assault of child; intent to commit rape; weapons; punishment (top)
Whoever assaults a child under sixteen with intent to commit a rape, as defined in section thirty-nine of chapter two hundred and seventy-seven, shall be punished by imprisonment in the state prison for life or for any term of years; and whoever over the age of eighteen commits a subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years but not less than five years.
Whoever commits any offense described in this section while being armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for life or for any term of years, but not less than ten years. Whoever over the age of 18 commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years.
M.G.L.A. 265§ 26- Kidnapping; weapons; child under age 16; punishment (top)
Whoever, without lawful authority, forcibly or secretly confines or imprisons another person within this commonwealth against his will, or forcibly carries or sends such person out of this commonwealth, or forcibly seizes and confines or inveigles or kidnaps another person, with intent either to cause him to be secretly confined or imprisoned in this commonwealth against his will, or to cause him to be sent out of this commonwealth against his will or in any way held to service against his will, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two years. Whoever commits any offence described in this section with the intent to extort money or other valuable thing thereby shall be punished by imprisonment in the state prison for life or for any term of years.
Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than ten years or in the house of correction for not more than two and one-half years. The provisions of the preceding sentence shall not apply to the parent of a child under 18 years of age who takes custody of such child. Whoever commits such offense described in this section while being armed with a firearm, rifle, shotgun, machine gun or assault weapon with the intent to extort money or other valuable thing thereby shall be punished by imprisonment in the state prison for life or for any term of years but not less than 20 years.
Whoever commits any offense described in this section while armed with a dangerous weapon and inflicts serious bodily injury thereby upon another person or who sexually assaults such person shall be punished by imprisonment in the state prison for not less than 25 years. For purposes of this paragraph the term “serious bodily injury” shall mean bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ or substantial risk of death. For purposes of this paragraph, the term “sexual assault” shall mean the commission of any act set forth in sections 13B, 13F, 13H, 22, 22A, 23, 24 or 24B.
Whoever, without lawful authority, forcibly or secretly confines or imprisons a child under the age of 16 within the commonwealth against his will or forcibly carries or sends such person out of the commonwealth or forcibly seizes and confines or inveigles or kidnaps a child under the age of 16 with the intent either to cause him to be secretly confined or imprisoned in the commonwealth against his will or to cause him to be sent out of the commonwealth against his will or in any way held to service against his will, shall be punished by imprisonment in the state prison for not more than 15 years. The provisions of the preceding sentence shall not apply to the parent of a child under 16 years of age who takes custody of such child.
M.G.L.A. 265§ 26C- Definition of “entice”; enticement of child under age 16; punishment (top)
(a) As used in this section, the term “entice” shall mean to lure, induce, persuade, tempt, incite, solicit, coax or invite.
(b) Any one who entices a child under the age of 16, or someone he believes to be a child under the age of 16, to enter, exit or remain within any vehicle, dwelling, building, or other outdoor space with the intent that he or another person will violate section 13B, 13F, 13H, 22, 22A, 23, 24 or 24B of chapter 265, section 4A, 16, 28, 29, 29A, 29B, 29C, 35A, 53 or 53A of chapter 272, or any offense that has as an element the use or attempted use of force, shall be punished by imprisonment in the state prison for not more than 5 years, or in the house of correction for not more than 2 1/2 years, or by both imprisonment and a fine of not more than $5,000.
M.G.L.A. 272§ 35A- Unnatural and lascivious acts with child under 16 (top)
Whoever commits any unnatural and lascivious act with a child under the age of sixteen shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years, and whoever over the age of eighteen commits a second or subsequent such offence shall be sentenced to imprisonment in the state prison for a term of not less than five years.
M.G.L.A. 272 § 29A- Posing or exhibiting child in state of nudity or sexual conduct; punishment (top)
(a) Whoever, either with knowledge that a person is a child under eighteen years of age or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, and with lascivious intent, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to pose or be exhibited in a state of nudity, for the purpose of representation or reproduction in any visual material, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.
(b) Whoever, either with knowledge that a person is a child under eighteen years of age or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to participate or engage in any act that depicts, describes, or represents sexual conduct for the purpose of representation or reproduction in any visual material, or to engage in any live performance involving sexual conduct, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.
(c) In a prosecution under this section, a minor shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.
(d) For the purposes of this section, the determination whether the person in any visual material prohibited hereunder is under eighteen years of age may be made by the personal testimony of such person, by the testimony of a person who produced, processed, published, printed or manufactured such visual material that the child therein was known to him to be under eighteen years of age, or by expert medical testimony as to the age of the person based upon the person’s physical appearance, by inspection of the visual material, or by any other method authorized by any general or special law or by any applicable rule of evidence.
M.G.L.A. 272§ 29B- Dissemination of visual material of child in state of nudity or sexual conduct; punishment (top)
(a) Whoever, with lascivious intent, disseminates any visual material that contains a representation or reproduction of any posture or exhibition in a state of nudity involving the use of a child who is under eighteen years of age, knowing the contents of such visual material or having sufficient facts in his possession to have knowledge of the contents thereof, or has in his possession any such visual material knowing the contents or having sufficient facts in his possession to have knowledge of the contents thereof, with the intent to disseminate the same, shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment.
(b) Whoever with lascivious intent disseminates any visual material that contains a representation or reproduction of any act that depicts, describes, or represents sexual conduct participated or engaged in by a child who is under eighteen years of age, knowing the contents of such visual material or having sufficient facts in his possession to have knowledge of the contents thereof, or whoever has in his possession any such visual material knowing the contents or having sufficient facts in his possession to have knowledge of the contents thereof, with the intent to disseminate the same, shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment.
(c) For the purposes of this section, the determination whether the child in any visual material prohibited hereunder is under eighteen years of age may be made by the personal testimony of such child, by the testimony of a person who produced, processed, published, printed or manufactured such visual material that the child therein was known to him to be under eighteen years of age, by testimony of a person who observed the visual material, or by expert medical testimony as to the age of the child based upon the child’s physical appearance, by inspection of the visual material, or by any other method authorized by any general or special law or by any applicable rule of evidence.
(d) In a prosecution under this section, a minor shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.
(e) Pursuant to this section, proof that dissemination of any visual material that contains a representation or reproduction of sexual conduct or of any posture or exhibition in a state of nudity involving the use of a child who is under eighteen years of age was for a bona fide scientific, medical, or educational purpose for a bona fide school, museum, or library may be considered as evidence of a lack of lascivious intent.
M.G.L.A. 272§ 29C- Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment (top)
Whoever knowingly purchases or possesses a negative, slide, book, magazine, film, videotape, photograph or other similar visual reproduction, or depiction by computer, of any child whom the person knows or reasonably should know to be under the age of 18 years of age and such child is:
(i) actually or by simulation engaged in any act of sexual intercourse with any person or animal;
(ii) actually or by simulation engaged in any act of sexual contact involving the sex organs of the child and the mouth, anus or sex organs of the child and the sex organs of another person or animal;
(iii) actually or by simulation engaged in any act of masturbation;
(iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal;
(v) actually or by simulation engaged in any act of excretion or urination within a sexual context;
(vi) actually or by simulation portrayed or depicted as bound, fettered, or subject to adistic, masochistic, or sadomasochistic abuse in any sexual context; or
(vii) depicted or portrayed in any pose, posture or setting involving a lewd exhibition of the unclothed genitals, pubic area, buttocks or, if such person is female, a fully or partially developed breast of the child; with knowledge of the nature or content thereof shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than $1,000 nor more than $10,000, or by both such fine and imprisonment for the first offense, not less than five years in a state prison or by a fine of not less than $5,000 nor more than $20,000, or by both such fine and imprisonment for the second offense, not less than 10 years in a state prison or by a fine of not less than $10,000 nor more than $30,000, or by both such fine and imprisonment for the third and subsequent offenses.
A prosecution commenced under this section shall not be continued without a finding nor placed on file.
The provisions of this section shall not apply to a law enforcement officer, licensed physician, licensed psychologist, attorney or officer of the court who is in possession of such materials in the lawful performance of his official duty. Nor shall the provisions of this section apply to an employee of a bona fide enterprise, the purpose of which enterprise is to filter or otherwise restrict access to such materials, who possesses examples of computer depictions of such material for the purposes of furthering the legitimate goals of such enterprise.
Our attorneys who defend rape in Massachusetts and child molestation/abuse in Massachusetts charges and staff in Boston, Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
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The SRIS, P.C. Massachusetts, Maryland & Virginia attorneys provide legal services to clients in a broad range of practice areas. However, each of our attorneys focuses primarily in one area of the law. This enables the Massachusetts, Maryland & Virginia attorneys of SRIS, P.C., to ensure that no matter what their legal needs, our clients are always represented by an extremely knowledgeable attorney in Virginia, Maryland or Massachusetts.
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Our office in Massachusetts is in Boston.
Our attorneys and staff in Virginia, Maryland & Massachusetts, speak a variety of languages, including: English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu. Contact SRIS, P.C., today to set up an appointment regarding any of the following practice areas:
Divorce law and family law:
Our divorce law attorneys in Virginia, Maryland & Massachusetts have extensive experience representing clients in divorce cases, focusing on the issues listed below and all other divorce issues.
- Child custody
- Contested divorce
- Child support and spousal maintenance (Alimony)
- Custody and visitation
- Grandparent and third-party visitation
- Legal separation
Criminal defense law:
Our criminal defense lawyers and sex crime lawyers in Virginia, Maryland & Massachusetts have solid experience defending the rights of clients suspected of criminal law activity as well as those arrested and formally charged with crimes. We also have experience handling arraignments, preliminary hearings, suppression motions, jury trials and post-trial proceedings in Virginia, Maryland and the Massachusetts.
- Assault and battery law
- Criminal disorderly conduct
- Criminal drug
- Criminal gambling
- Criminal trespass
- Criminal larceny
Traffic violation defense law:
The traffic law lawyers at the SRIS, P.C. offices in Virginia, Maryland & Massachusetts, help clients with a variety of cases, including but not limited to the charges listed below. For more information, see our page on traffic laws:
- DUI Laws & Penalties
- Reckless Driving laws and penalties
- Driving on suspended license, revoked license or no operator’s license laws and penalties
- Aggressive driving, improper driving, speeding and traffic laws and penalties
- Traffic tickets
Sex offense law:
Covers the areas of rape, aggravated sexual battery, child molestation, internet child pornography, sexual battery, indecent liberties, inanimate and animate sexual object penetration among others. Please click here to see the law on some of the different types of sex offenses.
Business immigration law:
SRIS, P.C., lawyers in Virginia & Maryland provide immigration law representation for both employers and future or current employees. Our clientele ranges from large corporations to family-owned businesses and their employees
SRIS, P.C., immigration law lawyers provide legal assistance to those seeking immigration through a family relationship, including those who marry or wish to marry a U.S. citizen or permanent resident. We can prepare and file documents as well as provide representation in deportation and removal proceedings.
Civil litigation law:
At SRIS, P.C., our experienced civil litigation attorneys represent individuals and companies. We are accomplished trial lawyers, and we conduct litigation as efficiently as possible so that our clients do not have to spend any more resources on a lawsuit than is absolutely necessary.
Chapter 7 bankruptcy law:
The main goal under any filing in bankruptcy is to give one who is burdened with debt a fresh start. A Chapter 7 Bankruptcy is the most common form of bankruptcy filing, accounting for over 65% of all consumer bankruptcy filings.
A filing under Chapter 7 bankruptcy is often called liquidation or a straight bankruptcy. Liquidation converts one’s assets to money. This process involves the appointment of a trustee, who collects all non-exempt property, sells the assets and then distributes the proceeds from the sale to the appropriate creditors. However, unlike Chapter 13 Bankruptcy filings, a debtor does not make payments to the trustee.
Although not exclusively limited to businesses, Chapter 11 bankruptcy is generally most suitable for businesses that are attempting to restructure financial obligations. Unlike Chapter 7 bankruptcy, where the goal is to sell all of the assets and eliminate outstanding debt obligations, Chapter 11 bankruptcy is appropriate when the business wants to reorganize its debts in a manner that will allow it to continue operating.
After filing a petition for Chapter 11 bankruptcy, the debtor usually continues to operate the business. Although much of the business property may be subject to liens, creditors cannot repossess the property. Additionally, business owners can continue to sell property that remains unencumbered. For more information about Chapter 11 bankruptcy, speak with an experienced bankruptcy attorney today.
A Chapter 13 Bankruptcy allows the debtor to keep all of their property. However, an interest-free plan for repayment must be developed and approved by the court. The debtor begins to make payments within thirty to forty-five days after the case has begun. Unlike Chapter 7 Bankruptcy, the payments are made to the trustee who will then pay the appropriate creditors. Chapter 13 bankruptcy prevents creditors from collecting from the debtor. The creditors are required by law to strictly follow the terms of the repayment plan.
Expungement law:
Expungement of a record means that a criminal record is wiped from the slate. As a result, expungement makes the crime as if it never occurred. By successfully getting an expungement, each law enforcement agency will destroy their records of the crime. Although some people confuse the two, expungement differs from getting a record sealed. By getting a record sealed, the file will remain intact but can only be released to other law enforcement agencies, so employers and other people cannot get access to the record but is not completely erased like with an expungement.
For more information about our services, or to make an appointment with a SRIS, P.C. lawyer, please give us a call or contact our lawyers online today.
Our attorneys and staff in Virginia, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
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