Posts Tagged ‘Sex Crimes’
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.
CLASS FIVE (5) FELONY
What is a class five felony in Virginia?
A Class 5 felony in Virginia is the 5th most serious felony pursuant to the Virginia Criminal Code.
A Class 5 felony carries a maximum penalty of 10 years in jail.
Unclassified felonies in Virginia are Class Five felonies.
Some examples of a Class Five felony are grand larceny, certain sex crimes, etc.
If you are facing a Class Five felony charge, do not hesitation to contact the SRIS Law Group felony defense lawyers in Virginia.
Our experienced criminal defense lawyers in Virginia have defended numerous clients facing a class 5 felony in Virginia.
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.
The Commonwealth of Virginia has laws that determine how the criminal justice system will deal with violent crimes such as rape, sexual assault, and battering.
The following are some of the different laws in Virginia that address crimes such as Virginia sexual assault, Virginia aggravated sexual battery, Virginia marital sexual assault, etc:
Virginia Code § 18.2-57.2. Assault and battery against a family or household member
Virginia Code §18.2-60.3 Stalking
Virginia Code § 18.2-61 Rape
Virginia Code § 18.2-67.1 Forcible sodomy
Virginia Code § 18.2-67.2:1 Marital sexual assault
Virginia Code § 18.2-67.5: Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery
If you are charged with sexual assault, rape or some other violent sexual crime in Virginia, you will need someone who will work hard to defend you against such serious charges.
Our Virginia sex crimes defense attorneys have the experience necessary to defend you against an allegation of sexual assault, rape, etc.
Contact the SRIS Law Group Virginia sex crimes defense lawyers for help if you have been accused of sexual assault, stalking, rape or sexual battery.
FELONY CRIMINAL DEFENSE LAWYER
in Virginia, Maryland, D.C. & Massachusetts
DON’T BECOME A CONVICTED FELON
The consequences of a felony conviction in Virginia, Massachusetts or Maryland are rather severe. The term felony is used to identify very serious criminal offenses in Virginia, Maryland & Massachusetts. If you are charged with a felony offense in Virginia, Massachusetts or Maryland, it would be a grave mistake to not hire a defense attorney.
The Law Offices of SRIS, P.C. has offices in Virginia, Maryland & Massachusetts.
If you have been charged with a felony in Virginia, Maryland or Massachusetts, call us at 888-437-7747 or contact us on our on line form immediately.
A number of different crimes are classified as felonies. Some examples of felony crimes are murder, burglary, arson, drug distribution of controlled substances, most sex crimes (rape, solicitation of a minor over the internet, child pornography), grand larceny. In most states a third offense of drunk driving is deemed to be a felony.
Some of the other consequences of being convicted of a felony that most people don’t realize at the time of conviction are: loss of your right to vote, extreme difficulty in finding employment, the loss of right to carry firearms, etc.
If you have been charged with a felony and have the court appoint you an attorney, then you don’t get the benefit of having an attorney of your choice. Very few people understand how devastating a felony conviction is and how badly it will affect your life. Contact the Law Offices of SRIS, P.C. immediately to meet with one of our Maryland, Massachusetts or Virginia felony defense attorneys who is experienced in defending clients charged with a felony. A SRIS, P.C. felony defense lawyer will work with you to defend you.
Our felony defense attorneys and staff in Virginia, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
Our criminal attorneys are licensed to handle cases in Virginia, Maryland, D.C. & Massachusetts; however our criminal lawyers handle felony defense only in Virginia, Maryland & Massachusetts.
Please click on attorneys to learn more about the felony criminal defense lawyers who assist clients with felony criminal defense in Virginia, Maryland or Massachusetts.
MASSACHUSETTS CRIMINAL DEFENSE ATTORNEYS
Have you been accused of crime in Massachusetts?
Do not wait to get a Massachusetts criminal defense attorneys if you have been charged with a crime in Massachusetts. Contact one of our Massachusetts criminal defense lawyers immediately. We will return your call within 8 hours, Monday through Friday. Our Massachusetts criminal defense attorneys are experienced in MA Criminal Defense.
If you wish to talk with one of our Massachusetts criminal defense attorneys, please call us at 888-437-7747, email us or contact us via our fast on line form.
The following is a list of the types of criminal cases we handle for our clients in Massachusetts:
Massachusetts Sex Crimes
Massachusetts State and Federal White Collar Crimes
Massachusetts Violent Major Crimes
MA Motor Vehicle Cases – DUI/DWI/OUI, Reckless Driving, Suspended License
Massachusetts State and Federal Drug Crimes
Sealing and Expunging records
Massachusetts Theft and Shoplifting Crimes
Massachusetts Assault and Battery
Massachusetts Domestic Violence
BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747
To obtain a general overview of criminal defense, please click here.
To learn more about the laws pertaining to criminal defense in Virginia or Maryland, please click on the state.
FELONIES IN THE STATE OF MASSACHUSETTS
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Felonies and misdemeanors
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Commission of a felony for hire; additional punishment
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Aiders; accessories before fact; punishment
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Counseling or procuring felony; prosecution as accessory before fact or principal; punishment; venue
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Accessories after fact; punishment; relationship as defense; cross-examination; impeachment
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Felon’s conviction or amenability to justice; venue
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Attempts to commit crimes; punishment
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Conspiracy; penalties
FAQ’s FOR MASSACHUSETTS CRIMINAL MATTERS
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I’ve been arrested – What happens next?
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Can Force Be Used To Arrest Me?
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What is a Search Warrant?
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What is Probable Cause?
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What If I Agree To The Search?
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What Is The “Plain View” Doctrine?
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Can The Officer Search Me After I’m Arrested?
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What Is Bail?
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What Happens At A Bail Hearing?
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What Are My Rights At An Arraignment? What Can I Expect?
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What Will Happen At A Preliminary Hearing?
If you wish to learn more about the Massachusetts Criminal Process, please proceed here…
M.G.L.A. 274 § 1- Felonies and misdemeanors (top)
A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.
M.G.L.A. 265 § 13G- Commission of a felony for hire; additional punishment (top)
Whoever, for the payment of consideration or for the promise of the payment of such consideration, commits a felony, shall be punished by imprisonment in the state prison for not more than five years. The punishment imposed by this section shall be in addition to the punishment provided by law for the commission of a felony so committed.
M.G.L.A. 274 § 2- Aiders; accessories before fact; punishment (top)
Whoever aids in the commission of a felony, or is accessory thereto before the fact by counseling, hiring or otherwise procuring such felony to be committed, shall be punished in the manner provided for the punishment of the principal felon.
M.G.L.A. 274 § 3- Counseling or procuring felony; prosecution as accessory before fact or principal; punishment; venue (top)
Whoever counsels, hires or otherwise procures a felony to be committed may be indicted and convicted as an accessory before the fact, either with the principal felon or after his conviction; or may be indicted and convicted of the substantive felony, whether the principal felon has or has not been convicted, or is or is not amenable to justice; and in the last mentioned case may be punished in the same manner as if convicted of being an accessory before the fact. An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, although the counseling, hiring or procuring the commission of such felony was committed within or without the commonwealth or on the high seas.
M.G.L.A. 274 § 4- Accessories after fact; punishment; relationship as defense; cross-examination; impeachment (top)
Whoever, after the commission of a felony, harbors, conceals, maintains or assists the principal felon or accessory before the fact, or gives such offender any other aid, knowing that he has committed a felony or has been accessory thereto before the fact, with intent that he shall avoid or escape detention, arrest, trial or punishment, shall be an accessory after the fact, and, except as otherwise provided, be punished by imprisonment in the state prison for not more than seven years or in jail for not more than two and one half years or by a fine of not more than one thousand dollars. The fact that the defendant is the husband or wife, or by consanguinity, affinity or adoption, the parent or grandparent, child or grandchild, brother or sister of the offender, shall be a defense to a prosecution under this section. If such a defendant testifies solely as to the existence of such relationship, he shall not be subject to cross examination on any other subject matter, nor shall his criminal record, if any, except for perjury or subornation of perjury, be admissible to impeach his credibility.
M.G.L.A. 274 § 5- Felon’s conviction or amenability to justice; venue (top)
An accessory to a felony after the fact may be indicted, convicted and punished, whether the principal felon has or has not been previously convicted, or is or is not amenable to justice, either in the county where he became an accessory or in the county where the principal felony was committed.
M.G.L.A. 274 § 6- Attempts to commit crimes; punishment (top)
Whoever attempts to commit a crime by doing any act toward its commission, but fails in its perpetration, or is intercepted or prevented in its perpetration, shall, except as otherwise provided, be punished as follows:
First, by imprisonment in the state prison for not more than ten years, if he attempts to commit a crime punishable with death.
Second, 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, if he attempts to commit a crime, except any larceny under section thirty of chapter two hundred and sixty-six, punishable by imprisonment in the state prison for life or for five years or more.
Third, by imprisonment in a jail or house of correction for not more than one year or by a fine of not more than three hundred dollars, if he attempts to commit a crime, except any larceny under said section thirty, punishable by imprisonment in the state prison for less than five years or by imprisonment in a jail or house of correction or by a fine.
Fourth, by imprisonment in a jail or house of correction for not more than two and one half years or by a fine, or by both such fine and imprisonment, if he attempts to commit any larceny punishable under said section thirty.
M.G.L.A. 274 § 7- Conspiracy; penalties (top)
Any person who commits the crime of conspiracy shall be punished as follows:
First, if the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a felony punishable by death or imprisonment for life, by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than twenty years or in jail for not more than two and one half years, or by both such fine and imprisonment.
Second, if clause first does not apply and the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a felony punishable by imprisonment in the state prison for a maximum period exceeding ten years, by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than ten years or in jail for not more than two and one half years, or by both such fine and imprisonment.
Third, if clauses first and second do not apply and the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a felony punishable by imprisonment in the state prison for not more than ten years, by a fine of not more than five thousand dollars or by imprisonment in the state prison for not more than five years or in jail for not more than two and one half years, or by both such fine and imprisonment.
Fourth, if clauses first through third do not apply and the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a crime, by a fine of not more than two thousand dollars or by imprisonment in jail for not more than two and one half years, or both.
If a person is convicted of a crime of conspiracy for which crime the penalty is expressly set forth in any other section of the General Laws, the provisions of this section shall not apply to said crime and the penalty therefor shall be imposed pursuant to the provisions of such other section.
Massachusetts Criminal Justice – Know Your Rights!
Being Arrested in Massachusetts – A Guide Through The Massachusetts Criminal Justice System (top)
In Massachusetts, you can be arrested for breaking a criminal (non-civil case) law. If arrested, your case is taken before a magistrate or judge, who may issue a warrant if necessary (court order for arrest or search and seizure if you are not present) and set bond for appearance in court.
If you – known as the defendant – cannot post the stated bond, you may be incarcerated (put in jail or detention) pending your first scheduled appearance (arraignment) in court. If bond is posted, you’ll remain free until your appearance at the arraignment.
An arraignment in Massachusetts usually occurs within 24 to 48 hours of the arrest. If you’re arrested on a weekend or holiday – you’ll be arraigned the first date available. The arraignment is held before a judge of the courts.
During the arraignment, you (as defendant) are formally told what offense you’re being charged with, informed of your constitutional rights, and of the possible penalties involved with your particular criminal offense. At this time you will not be required to enter a plea of guilty or not guilty, your bond may be reviewed, and a date for the next hearing will be scheduled.
A Question Often Coming Up Is About The Use Of Force During A Criminal Arrest. In Massachusetts, How Much Force Is Considered Reasonable? (top)
The Massachusetts legal standard is that a police officer may use as much force as is necessary to arrest you. However, unreasonable force is considered assault. After arrest, a police officer may handcuff you if you attempt to escape, or the officer considers it necessary to prevent you from doing so.
If you claim that unreasonable or unjustified force was used to arrest you, a judge will decide whether or not the actions taken by the police during the course of the criminal arrest were reasonable under the circumstances. But you should be aware, in practice the courts almost always err on the side of the arresting officer.
Search Warrants and Probable Cause In Massachusetts (top)
A search warrant is an order issued by a judge or a magistrate authorizing police officers to conduct a search of a specific location, looking for specific evidence. Before a search warrant may be issued, there must be a showing of probable cause, along with an oath or affirmation that the search is necessary.
This is one of the basic legal guarantees enumerated the United States Constitution – Amendment IV in the Bill of Rights.
What Constitutes Probable Cause In Massachusetts? (top)
There’s no hard and fast rule precisely establishing what is and what isn’t probable cause. However, in Massachusetts a finding of probable cause requires objective facts indicating a likelihood of criminal activity. A police officer’s mere hunch, with nothing more to substantiate it, will not satisfy the requirements.
Example: Officer Brown observes Sally and Dick walking down the street. Officer Brown has a hunch that Sally and Dick are up to no good. Armed with nothing more than that vague suspicion, Officer Brown goes to the local judge and attempts to get a warrant to search Sally’s and Dick’s homes. Should the warrant be granted?
No. A police officers hunch, with nothing to back it up, doesn’t satisfy the probable cause requirement. However, if Officer Brown observed Sally and Dick conducting a drug deal, then probable cause would likely exist to issue a warrant to search their homes.
There’s A Knock At The Door. It’s The Police. They Ask To Search Your Home Or Premises. Must You Comply In Massachusetts? (top)
No! Unless the officer has a valid search warrant, you are under no legal obligation to let the officer search your residence or premises under your control. In fact, it is always advisable that you politely but clearly inform the officer that without a valid search warrant, you do not agree to any search of the premises. This will help protect your rights if the search was improperly conducted – or if the Officer decides to conduct a search even without a warrant. (It happens!)
I Have “Nothing To Hide” – Why Shouldn’t I Allow The Search In Massachusetts? (top)
If you voluntarily consent to a search of your home, automobile, or person, the officer can then conduct a full search without a warrant. Anything the officer finds can later be used against you in court.
The important term to understand here is “anything.” You may not be aware that an item or object under Massachusetts criminal law is illegal. However, ignorance is no defense. With the sheer amount of laws on the books, the average person has little clue as to what may or may not be prohibited.
This is why – lacking a warrant – it is always advisable to withhold permission.
What Is The “Plain View” Doctrine In Massachusetts? (top)
If the Police Officer is in a place that he or she has a right to be, they do not need a warrant to seize contraband (illegal items) that are in plain view.
EXAMPLE: Officer Brown is standing in your doorway talking to you about the weather. While talking, Officer Brown notices a bag of cocaine and a sawed-off shotgun on your couch. Officer Brown can legally seize these items even without a search warrant because they are in plain view.
This is an area where “legal fuzziness” enters the picture. Let us suppose that instead of cocaine or a sawed off shotgun, you had some plastic baggies sitting on your table filled with oregano you’ve grown and dried yourself. Totally legal – except that for all intents and purposes it looks like dime bags of home grown marijuana. Is there then “plain view” probable cause for a search? Given the current climate of drug war hysteria, you may well be left holding the losing end of a legal argument.
Searches After An Arrest Is Made Are Basically Legal In Massachusetts (top)
Police officers do not need a warrant to conduct a search after making an arrest. After making a criminal arrest, the officer can legally search the person being arrested, as well as the area in the person’s immediate control. This includes the room or rooms you may have occupied at the time of your arrest, as well as any vehicle (your car or the owner’s car) you may be in at the time of the criminal arrest.
Getting Out On Bail In Massachusetts (top)
Bail is money or other property deposited with the court to make certain the person accused (the defendant) will return to court when he or she is required to do so. If the defendant returns to court as required, the bail will be returned at the end of the case, even if the defendant is ultimately convicted. However, if the defendant does not appear in court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned. It doesn’t matter if someone else posted your bail, such as a friend or family member. If you skip the court date, the state keeps the money or property.
What Happens At A Bail Hearing In Massachusetts? (top)
In most states, including Massachusetts, when a person is arrested for a violation of a criminal law, the accused is brought before a magistrate or judge. The magistrate or judge will conduct a pre-trial bail hearing. (This is separate from the official criminal arraignment, which will be held later on in the process.)
In Massachusetts, four possible results can happen at a bail hearing. Here are those results:
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Recognizance – This is the defendant’s written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit or security by property or professional bondsman is required. Basically you are freed on your own good word.
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Unsecured Bond – This release pending court appearance is based on the defendant’s written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if he or she does not appear on the date set.
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Secured Bond – This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may rule any type of security forfeited in the event the defendant does not appear in court when required.
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Ineligible for Bail – The defendant is denied a release pending court appearance. This is usually for very serious criminal offenses, or if the court believes there is a real and significant risk of flight by the defendant.
The bail decision may be appealed to a judge who will re-examine the evidence. A violation of any agreement of release pending your court appearance could result in the issuance of an Order to Show Cause why the release should not be revoked. A show cause hearing may also be issued by a judge for not appearing in court as agreed.
What Are My Rights At An Arraignment In Massachusetts? What Can I Expect In Massachusetts? (top)
You have the right to be arraigned without unnecessary delay after your arrest – usually within two court days.
In Massachusetts, at your first arraignment you’ll appear before a judge who will officially inform you of the criminal charges against you. At this arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on personal recognizance (being released without bail), even if bail was previously set.
If you are charged with a criminal misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead nolo contendere, meaning that you will not contest the charges. You technically do not plead guilty, but can be found so by the court.
Before pleading guilty to some first time criminal offenses in Massachusetts, such as drug possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling, which can result in dismissal of the charges once the course is completed.
In Massachusetts, if misdemeanor charges are not dropped, a trial will be held later on in a Massachusetts General District Court of law. If you are charged with a felony, and the charges are not dismissed, the next step is a preliminary hearing.
The Preliminary Hearing In Massachusetts (top)
Every person in Massachusetts charged by a criminal warrant is entitled to a preliminary hearing. This is an examination of the criminal charge or charges against the accused. The prosecutor must present evidence and witnesses that prove that it appears a criminal offense has been committed and that there is probable cause to believe the person accused committed it. The accused or their attorney may cross-examine witnesses and may present evidence they wish.
If the judge in Massachusetts makes a finding of probable cause after hearing the evidence, the criminal charge is sent to the grand jury. If the judge finds that a criminal offense apparently had not been committed, or that the defendant was not the likely person involved in the offense, the accused is released and the charge dismissed.
However, if the accused is released and the criminal charges dismissed after the preliminary hearing, the prosecutor in Massachusetts may still present evidence to a grand jury to see if they will find sufficient probable cause.
In lieu of the vast leeway and powers given a public prosecutor, it is all to easy to be indicted by a grand jury, even if the preponderance of evidence seems to be lacking.
As was once (in)famously quoted by a former New York judge: “A grand jury would indict a ham sandwich.”
That’s why competent, experienced legal counsel is an absolute must in any criminal proceeding. You only have a small window of opportunity to protect and enforce your rights. Once waived or lost, it’s a long uphill battle to regain them
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.
