The crime of indecent assault and battery is governed by Massachusetts General Laws Chapter 265 Sections 13B and 13H. In order for someone to be convicted of indecent assault and battery, the Commonwealth must prove beyond a reasonable doubt that:

• The individual assaulted the victim
• The assault was indecent

The term indecent has not been specifically defined by the legislature, but the courts have come up with a broad definition. The courts state that indecency is defined by contemporary moral values and common understanding and practices. Basically, this means than an indecent assault and battery is any type of assault that you would think is offensive or immoral. Although this is broad, indecency usually applies to sex crimes. Examples of indecent assault and battery include the touching of a victim’s private parts, either clothed or unclothed. It also applies to other body parts that society would believe are inappropriate to touch without consent. One case even holds that, in certain circumstances, inserting your tongue into another’s mouth is indecent assault and battery.

An individual who commits the crime of indecent assault and battery on a child under the age of 14 can be punished by imprisonment in the state prison for up to 10 years or by imprisonment in the house of correction for up to 2.5 years. The child victim cannot consent to any conduct of the defendant for which the defendant is being prosecuted. This added protection makes a lot of sense because the goal of the statute is to protect children who have been harmed and who may be very confused about what has happened to them.

If the victim is 14 years of age or older, Massachusetts General Laws Chapter 265 Section 13H will apply. An individual who commits the crime of indecent assault and battery on a child who is 14 years of age or older can be punished by up to 5 years in the state prison or up to 2.5 years in a jail or house of correction.

In addition to these laws, there are also four variations of indecent assault and battery that have increased punishments based on the situation:

• The punishment is increased if the victim is a child under the age of 14 and the incident occurred during the commission or attempted commission of a number of other crimes. Some examples of these crimes are burglary, breaking and entering, kidnapping, and robbery. These extra transgressions increase the punishment to a minimum of 10 years to life in the state prison. Again, the child victim cannot consent to any conduct of the individual who is being prosecuted.
  
  
• The punishment is also increased if the individual who commits the indecent assault and battery on a child under the age of 14 has previously been convicted of indecent crimes against children. If this is the case, the individual’s punishment is increased to a mandatory minimum of 15 years with the possibility of life in state prison. This individual will not be eligible for any type of probation, parole or suspended sentence.
  
  
• If the individual knew that the victim was mentally retarded, the punishment is increased to a mandatory minimum of 5 years with the possibility of up to 10 years in the state prison. If the individual committed indecent assault and battery on a mentally retarded victim for a second time, the punishment is increased again to a mandatory minimum of 10 years in state prison.
  
  
• If the indecent assault and battery is committed against a person with a disability or if the victim is elderly, the individual can be punished by up to 10 years in the state prison or up to 2.5 years in the house of correction. A second act of indecent assault and battery on a person with a disability or an elderly victim can result in a sentence of up to 20 years in the state prison.