Massachusetts G.L. c. 265, § 13B: Indecent Assault and Battery on a Child Under 14
If you have been charged under G.L. c. 265, § 13B, you are facing a serious felony allegation involving a child. These charges carry serious, long-term consequences, and they deserve a careful defense from the start.
Understanding exactly what the law requires the Commonwealth to prove is the essential starting point.
Call (978) 969-2890 for a free consultation.
Understanding Your Situation
Being accused of a crime involving a child is one of the most frightening things a person can experience. The weight of the accusation can feel unbearable — and we understand that. We have represented people through exactly this kind of charge for more than 30 years, and we know that accusations are not convictions.
What Does G.L. c. 265, § 13B Prohibit?
Massachusetts G.L. c. 265, § 13B makes it a felony to commit an indecent assault and battery on a child who is younger than 14 years of age. The statute applies regardless of whether the child appeared to consent, because the law deems a child under 14 incapable of consenting to any such conduct.
"Indecent" means a touching that is fundamentally offensive to contemporary standards of decency. A touching may be indecent if it involves parts of the body commonly thought of as private. The touching must be intentional — accidental contact is not a crime.
This charge is distinct from rape because it does not require penetration. It covers non-penetrating sexual touching of a child under 14. Aggravated versions of this offense (§ 13B½ and § 13B¾) apply when the person is a mandated reporter, when the touching happens during certain other crimes, or after a prior conviction for a listed sex offense.
"Indecent" means a touching that is fundamentally offensive to contemporary standards of decency. A touching may be indecent if it involves parts of the body commonly thought of as private. The touching must be intentional — accidental contact is not a crime.
This charge is distinct from rape because it does not require penetration. It covers non-penetrating sexual touching of a child under 14. Aggravated versions of this offense (§ 13B½ and § 13B¾) apply when the person is a mandated reporter, when the touching happens during certain other crimes, or after a prior conviction for a listed sex offense.
What the Prosecution Must Prove
To convict you of indecent assault and battery on a child under 14 under G.L. c. 265, § 13B, the Commonwealth must prove each of the following elements beyond a reasonable doubt:
● Age of the Victim — The child was under 14 years of age at the time of the alleged offense.
● Intentional Touching — You intentionally touched the child. The touching must be deliberate, not accidental.
● Indecency of the Touching — The touching was "indecent": fundamentally offensive to contemporary standards of decency. A touching may be indecent if it involves parts of the body commonly thought of as private.
● No Legal Justification or Excuse — The touching was without legal justification or excuse. A medical provider with a legitimate clinical reason to examine the child would have a defense on this element.
Importantly, the Commonwealth does NOT need to prove lack of consent. A child under 14 is deemed incapable of consenting as a matter of law — meaning the defense "she/he consented" is not available under this statute.
The Commonwealth must prove ALL of these elements. Weakness in any single element can be the foundation of your defense. The District Court's model jury instruction for this charge is Instruction 6.520.
● Age of the Victim — The child was under 14 years of age at the time of the alleged offense.
● Intentional Touching — You intentionally touched the child. The touching must be deliberate, not accidental.
● Indecency of the Touching — The touching was "indecent": fundamentally offensive to contemporary standards of decency. A touching may be indecent if it involves parts of the body commonly thought of as private.
● No Legal Justification or Excuse — The touching was without legal justification or excuse. A medical provider with a legitimate clinical reason to examine the child would have a defense on this element.
Importantly, the Commonwealth does NOT need to prove lack of consent. A child under 14 is deemed incapable of consenting as a matter of law — meaning the defense "she/he consented" is not available under this statute.
The Commonwealth must prove ALL of these elements. Weakness in any single element can be the foundation of your defense. The District Court's model jury instruction for this charge is Instruction 6.520.
Potential Penalties Under Massachusetts Law
Base Penalties
● Up to 10 years in state prison
● Or up to 2½ years in the house of correction
● This charge cannot be continued without a finding (CWOF) or placed on file
● Or up to 2½ years in the house of correction
● This charge cannot be continued without a finding (CWOF) or placed on file
Aggravated Penalties
● G.L. c. 265, § 13B½ (Aggravated Indecent A&B on Child Under 14): applies when the person is a mandated reporter, or when the touching happens during one of twelve listed crimes, such as burglary, armed robbery, or home invasion
● G.L. c. 265, § 13B¾ (After Prior Sex Offense): applies after a prior conviction or juvenile adjudication for one of the listed sex offenses
● G.L. c. 265, § 13B¾ (After Prior Sex Offense): applies after a prior conviction or juvenile adjudication for one of the listed sex offenses
Collateral Consequences
● Registration with the Massachusetts Sex Offender Registry Board (SORB) — a felony conviction of this type typically results in SORB classification
● Permanent criminal record affecting employment background checks
● Loss of professional licenses in healthcare, education, childcare, law, and other regulated fields
● Immigration consequences, including potential deportation, for non-citizens
● Restrictions on contact with minors as a condition of probation or SORB supervision
● Housing restrictions depending on SORB classification level
● Impact on child custody and visitation arrangements
● Permanent criminal record affecting employment background checks
● Loss of professional licenses in healthcare, education, childcare, law, and other regulated fields
● Immigration consequences, including potential deportation, for non-citizens
● Restrictions on contact with minors as a condition of probation or SORB supervision
● Housing restrictions depending on SORB classification level
● Impact on child custody and visitation arrangements
Related Criminal Charges
● G.L. c. 265, § 13B½: Aggravated Indecent Assault and Battery on a Child Under 14 — Applies when the person is a mandated reporter, or when the touching happens during one of twelve listed crimes
● G.L. c. 265, § 13B¾: Indecent A&B on a Child Under 14 After Prior Sex Offense — Applies after a prior conviction or juvenile adjudication for one of the listed sex offenses
● G.L. c. 265, § 13H: Indecent Assault and Battery on a Person 14 or Older — Similar offense applicable when victim is 14 or older; consent may be a factor
● G.L. c. 265, § 22: Rape — More serious charge requiring penetration
● G.L. c. 265, § 22A: Forcible Rape of a Child Under 16 — Rape of a child by force; indecent assault and battery on a child under 14 is a lesser included offense of this charge
● G.L. c. 265, § 23: Rape and Abuse of a Child (Statutory Rape) — Sexual intercourse with child under 16 without force element
● G.L. c. 265, § 13B¾: Indecent A&B on a Child Under 14 After Prior Sex Offense — Applies after a prior conviction or juvenile adjudication for one of the listed sex offenses
● G.L. c. 265, § 13H: Indecent Assault and Battery on a Person 14 or Older — Similar offense applicable when victim is 14 or older; consent may be a factor
● G.L. c. 265, § 22: Rape — More serious charge requiring penetration
● G.L. c. 265, § 22A: Forcible Rape of a Child Under 16 — Rape of a child by force; indecent assault and battery on a child under 14 is a lesser included offense of this charge
● G.L. c. 265, § 23: Rape and Abuse of a Child (Statutory Rape) — Sexual intercourse with child under 16 without force element
Defending Against Indecent Assault and Battery on a Child Under 14 Charges
These cases frequently depend entirely on the testimony of the child complainant — and in many instances, there is no physical evidence, no eyewitnesses, and no corroborating proof. That means the defense of these cases requires careful, skilled examination of how the allegation came to be made, who was involved in the investigation, and whether the child's account is consistent and credible.
Defense approaches vary based on the specific facts of the case. In some matters, the central question is whether the touching occurred at all — these allegations can arise from misunderstandings, false accusations by adults acting in self-interest, or coaching of the child. In other cases, the issue is whether the touching was intentional or accidental — the statute requires intentional contact.
In cases involving a professional context — a medical provider, coach, teacher, or caregiver — the question of whether the touching was legally justified or excused may also be central to the defense. An experienced attorney will examine any SANE exam records, the child's forensic interview, police reports, forensic evidence, and the circumstances under which the allegation was first made. The timing and circumstances of a first disclosure are often critically important in these cases.
Defense approaches vary based on the specific facts of the case. In some matters, the central question is whether the touching occurred at all — these allegations can arise from misunderstandings, false accusations by adults acting in self-interest, or coaching of the child. In other cases, the issue is whether the touching was intentional or accidental — the statute requires intentional contact.
In cases involving a professional context — a medical provider, coach, teacher, or caregiver — the question of whether the touching was legally justified or excused may also be central to the defense. An experienced attorney will examine any SANE exam records, the child's forensic interview, police reports, forensic evidence, and the circumstances under which the allegation was first made. The timing and circumstances of a first disclosure are often critically important in these cases.
Common Questions About Indecent Assault and Battery on a Child Under 14
Can this charge be continued without a finding?
No. The statute does not allow a charge under § 13B to be continued without a finding (CWOF) or placed on file.
Does it matter if the child agreed?
No. Under this statute, a child under 14 is considered unable to consent to the conduct being charged.
Is this charge heard in District Court?
It can be. The District Court has jurisdiction over a § 13B charge, but not final jurisdiction over the aggravated forms under § 13B½ and § 13B¾.
What To Do Right Now
If you have just been charged or arrested under G.L. c. 265, § 13B, here is what you need to do immediately:
● Don't talk to police without an attorney present — do not attempt to explain your side without legal counsel
● Don't contact the child, the child's family, or any witnesses connected to the case
● Don't discuss your case with anyone except your attorney, including family members
● Don't post anything about the situation or charges on social media
● Preserve any evidence that may support your account — communications, records, schedules, or other documents
● Write down everything you remember about the circumstances while your memory is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890 — we answer 24/7.
● Don't talk to police without an attorney present — do not attempt to explain your side without legal counsel
● Don't contact the child, the child's family, or any witnesses connected to the case
● Don't discuss your case with anyone except your attorney, including family members
● Don't post anything about the situation or charges on social media
● Preserve any evidence that may support your account — communications, records, schedules, or other documents
● Write down everything you remember about the circumstances while your memory is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890 — we answer 24/7.
We're Here To Help
We understand how isolating and frightening this moment is. Charges involving a child carry an enormous stigma, but an accusation is not a conviction, and the Commonwealth must prove every element of the offense. We have spent more than 30 years representing people who need exactly this kind of experienced, thorough defense. A free, confidential consultation gives you a clear understanding of where you stand. Learn why working with us is the right choice.
Call (978) 969-2890 for a free consultation. Serving Greater Boston and Eastern Massachusetts.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
Call (978) 969-2890 for a free consultation. Serving Greater Boston and Eastern Massachusetts.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
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