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

• The individual committed an assault and battery
• The victim is a person under 14 years of age
• And the individual caused bodily injury to the victim

Bodily injury is defined as substantial impairment of the physical condition of the victim. Bodily injury includes most physical injuries that you can think of including burns, broken bones, injuries to organs, and injuries that result of repeated harm to any bodily function.

An individual who is convicted of committing an assault and battery upon a child can be sentenced to up to 5 years in the state prison or imprisonment in the house of correction for up to 2.5 years.

These sentences are increased for individuals who are convicted of committing an assault and battery upon a child that causes substantial bodily injury. Substantial bodily injury is bodily injury that creates a permanent disfigurement; protracted loss or impairment of a function of a body limb or organ; or creates a substantial risk of death. An individual who is convicted of causing substantial bodily injury can be sentenced to up to 15 years in the state prison or imprisonment in the house of correction for up to 2.5 years.

The statute also has special provisions to punish an individual, such as a parent or guardian, who has care and custody of a child that is assaulted. An individual who wantonly or recklessly allows bodily harm to occur to the child or who wantonly or recklessly allows another to commit an assault and battery which causes the child bodily harm can be sentenced to up to 2.5 years in the house of correction. If the individual who has care and custody of the child allows substantial bodily injury to the child, the punishment can be increased to up to 5 years in the state prison or up to 2.5 years in a jail or house of correction.