The crime of indecent assault and battery on a child under the age of 14 is governed by Massachusetts General Laws Chapter 265 Section 13B.  In order for an individual to be convicted of indecent assault and battery on a child under the age of 14, the Commonwealth must prove beyond a reasonable doubt that:

• The individual assaulted the victim
• The assault was indecent
• The victim was under the age of 14 at the time of the incident

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.

Punishment

An individual who commits the crime of indecent assault and battery on a child who is under the age of 14 can be punished by up to 10 years in the state prison or up to 2.5 years in a jail or house of correction.

If you or a loved one has been charged with an indecent assault and battery on a child under the age of 14 or are being investigated for that crime, call the experienced criminal defense attorneys of Altman & Altman at 617.492.3000. Our defense attorneys are available around the clock and on weekends to provide immediate counsel.