Indecent Assault and Battery on a Child Under 14 in Massachusetts

Massachusetts treats an accusation involving a child under 14 as one of the most serious offenses in the criminal code. If you’re facing a charge under M.G.L. c. 265, §13B, it is important to understand what the law requires. The statute covers touching, not just the crimes people typically picture when they hear the word assault.

What Prosecutors Have to Prove

Three elements that make up a §13B case include:

• The complainant was under 14 at the time of the alleged incident
• They were touched intentionally, without legal justification
• Touching was indecent

Nothing in the statute requires proof of physical force, injury, or restraint. The Supreme Judicial Court confirmed this directly in Commonwealth v. Vieira, explaining that an offensive touching alone can satisfy the charge.

Because a child under 14 is legally incapable of consenting under this statute, prosecutors don’t have to separately prove lack of consent. That single fact separates §13B from the charge that applies to older complainants.

What Counts as Indecent

Courts look at more than which body part was touched. Breasts, buttocks, thighs, and the pubic area come up often, but the list isn’t exhaustive. Judges weigh the manner of contact, how long it lasted, the age gap involved, and whether the circumstances carried sexual overtones.

Two 2018 Appeals Court decisions show how differently this plays out. In Commonwealth v. Colon, the court upheld a conviction where a prolonged hug included licking near a 13-year-old’s ear, even though the ear isn’t on the traditional list. In Commonwealth v. Cruz, the evidence was insufficient after a parental-style hug and a brief shirt lift with no skin exposed.

Penalties and What Can Make Them Worse

A standard conviction carries up to 10 years in state prison or up to 2½ years in a house of correction, and the law bars a continuance without a finding or placing the case on file. If the alleged conduct occurred alongside certain other offenses, such as kidnapping or home invasion, or if you were a mandated reporter, the charge becomes aggravated under §13B½. That version carries 10 years to life, with no reduction below 10 years and no probation or parole until then.

A prior qualifying sex offense conviction triggers a separate enhancement under §13B¾, adding a 15-year mandatory minimum with no suspended sentence below it.

Registration and Timing

A §13B conviction is classified as a sex offense, a sex offense involving a child, and a sexually violent offense, which places it in the lifetime registration category rather than the standard 20-year period. Anyone placed on probation for the offense must wear a GPS device for the full probationary term.

There’s also no deadline for bringing the charge. Prosecutors can file it at any time, though cases brought more than 27 years after the alleged incident need independent corroborating evidence beyond a mental health opinion.

Talk to Riccio Law Before You Say Anything Else

Riccio Law can walk you through what the Commonwealth has to prove in your case and what your options look like from here. Reach out to us to talk through the next step.

Our office number is (617) 404-8878.