Massachusetts G.L. c. 265, § 13H: Indecent Assault and Battery on a Person 14 or Older
If you have been charged under G.L. c. 265, § 13H, you are facing a serious felony charge involving an allegation of unwanted sexual touching. These charges arise in a wide range of circumstances — from workplace incidents to nightclub encounters — and carry significant consequences.
Understanding exactly what the Commonwealth must prove is where your defense begins.
Call (978) 969-2890 for a free consultation.
Understanding Your Situation
Being charged with indecent assault and battery can feel surreal, particularly when the facts as you remember them are very different from how they have been characterized. We have spent more than 30 years helping people through exactly this kind of accusation, and we understand that there are two sides to every story.
What Does G.L. c. 265, § 13H Prohibit?
Massachusetts G.L. c. 265, § 13H makes it a crime to commit an indecent assault and battery on a person who is 14 years of age or older. Unlike the related statute covering children under 14 (§ 13B), this charge applies to adults and older teenagers, and the Commonwealth must prove the person did not consent.
"Indecent" means conduct that is fundamentally offensive to contemporary standards of decency. Courts have described it as conduct the common sense of society would regard as "immodest, immoral and improper." It typically involves touching areas of the body commonly thought of as private, whether clothed or unclothed. Depending on the circumstances, an unwanted kiss involving the forced insertion of the tongue has also been found indecent, because the mouth is considered an intimate part of the body.
This is a general intent crime, not a specific intent crime. The Commonwealth does not need to prove a particular sexual purpose. An aggravated form of this offense applies when the person is 60 or older or has a disability; the District Court does not have final jurisdiction over that aggravated version.
"Indecent" means conduct that is fundamentally offensive to contemporary standards of decency. Courts have described it as conduct the common sense of society would regard as "immodest, immoral and improper." It typically involves touching areas of the body commonly thought of as private, whether clothed or unclothed. Depending on the circumstances, an unwanted kiss involving the forced insertion of the tongue has also been found indecent, because the mouth is considered an intimate part of the body.
This is a general intent crime, not a specific intent crime. The Commonwealth does not need to prove a particular sexual purpose. An aggravated form of this offense applies when the person is 60 or older or has a disability; the District Court does not have final jurisdiction over that aggravated version.
What the Prosecution Must Prove
To convict you of indecent assault and battery on a person 14 or older under G.L. c. 265, § 13H, the Commonwealth must prove each of the following elements beyond a reasonable doubt:
● Age of the Victim — The person was 14 years of age or older at the time.
● Intentional Touching — You intentionally touched the person, without legal justification or excuse. The touching must be deliberate. If there is evidence that the touching may have been accidental, the judge must, on request, instruct the jury that the Commonwealth has to prove it was not accidental.
● Indecency of the Touching — The touching was "indecent" — that is, fundamentally offensive to contemporary standards of decency. This is typically established by the nature and location of the touching: genitals, buttocks, female breasts, or other areas of the body considered private. Context matters in this determination.
● Lack of Consent — The person did not consent to the touching. Unlike the child statute, lack of consent is something the Commonwealth must prove. If the claim is that the person was too impaired, asleep, or otherwise unable to consent, the Commonwealth must also prove you knew or reasonably should have known that.
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 6.500.
● Age of the Victim — The person was 14 years of age or older at the time.
● Intentional Touching — You intentionally touched the person, without legal justification or excuse. The touching must be deliberate. If there is evidence that the touching may have been accidental, the judge must, on request, instruct the jury that the Commonwealth has to prove it was not accidental.
● Indecency of the Touching — The touching was "indecent" — that is, fundamentally offensive to contemporary standards of decency. This is typically established by the nature and location of the touching: genitals, buttocks, female breasts, or other areas of the body considered private. Context matters in this determination.
● Lack of Consent — The person did not consent to the touching. Unlike the child statute, lack of consent is something the Commonwealth must prove. If the claim is that the person was too impaired, asleep, or otherwise unable to consent, the Commonwealth must also prove you knew or reasonably should have known that.
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 6.500.
Potential Penalties Under Massachusetts Law
Base Penalties
● Up to 5 years in state prison
● Or up to 2½ years in the house of correction
● This charge is a felony — even a house of correction sentence carries felony consequences
● Or up to 2½ years in the house of correction
● This charge is a felony — even a house of correction sentence carries felony consequences
Aggravated Penalties
● If the person is 60 or older or has a disability: up to 10 years in state prison or up to 2½ years in a house of correction, and up to 20 years in state prison for a second or later offense. These cases cannot be continued without a finding or placed on file, and the District Court lacks final jurisdiction over them
Related Criminal Charges
● G.L. c. 265, § 22: Rape — More serious charge requiring penetration; indecent assault and battery is a lesser included offense of rape
● G.L. c. 265, § 13B: Indecent Assault and Battery on a Child Under 14 — Similar offense applicable when victim is under 14; consent is not a defense and penalties are higher
● G.L. c. 265, § 13A: Assault and Battery — A lesser included offense of indecent assault and battery; applies when the touching is not indecent
● G.L. c. 265, § 13K: Assault and Battery on an Elderly or Disabled Person
● G.L. c. 265, § 24: Assault with Intent to Commit Rape
● G.L. c. 265, § 13B: Indecent Assault and Battery on a Child Under 14 — Similar offense applicable when victim is under 14; consent is not a defense and penalties are higher
● G.L. c. 265, § 13A: Assault and Battery — A lesser included offense of indecent assault and battery; applies when the touching is not indecent
● G.L. c. 265, § 13K: Assault and Battery on an Elderly or Disabled Person
● G.L. c. 265, § 24: Assault with Intent to Commit Rape
Defending Against Indecent Assault and Battery on a Person 14 or Older Charges
Indecent assault and battery charges under § 13H often arise in situations with no physical evidence and no independent witnesses — a crowded bar or nightclub, a workplace, a first date, or a social gathering. In many of these cases, the only "evidence" is the complainant's account versus the defendant's. This makes the quality and thoroughness of the defense critically important.
The defense of these cases depends entirely on the specific facts. In some matters, the central defense is that the touching was consensual — and because lack of consent is an element of the charge for adults, the Commonwealth must prove it. This involves examining the relationship between the parties, prior interactions and communications, the circumstances of the alleged incident, and whether the complainant's account is consistent. In other cases, the defense focuses on whether the touching was accidental rather than intentional — the statute requires intentional contact, and on request the jury must be instructed on accident if any evidence supports it.
False accusations are also a documented reality in these cases. Charges sometimes arise from misunderstandings, disputed social interactions, or situations where the complainant has a motive to fabricate. An experienced attorney will examine every detail of how the allegation was reported, the complainant's history, and any inconsistencies in the account.
The defense of these cases depends entirely on the specific facts. In some matters, the central defense is that the touching was consensual — and because lack of consent is an element of the charge for adults, the Commonwealth must prove it. This involves examining the relationship between the parties, prior interactions and communications, the circumstances of the alleged incident, and whether the complainant's account is consistent. In other cases, the defense focuses on whether the touching was accidental rather than intentional — the statute requires intentional contact, and on request the jury must be instructed on accident if any evidence supports it.
False accusations are also a documented reality in these cases. Charges sometimes arise from misunderstandings, disputed social interactions, or situations where the complainant has a motive to fabricate. An experienced attorney will examine every detail of how the allegation was reported, the complainant's history, and any inconsistencies in the account.
Common Questions About Indecent Assault and Battery Charges
Does the Commonwealth have to prove the person did not consent?
Yes. For a person 14 or older, lack of consent is an element of the charge. If the claim is that the person was too impaired, asleep, or otherwise unable to consent, the Commonwealth must prove that and that you knew or reasonably should have known it. Drinking alone does not necessarily mean a person could not consent.
Does the Commonwealth have to prove a sexual purpose?
No. This is a general intent crime. The Commonwealth must prove the touching was intentional and indecent, not that it was done for sexual gratification.
Can a kiss be charged as indecent assault and battery?
It can, depending on the circumstances. An unwanted kiss involving the forced insertion of the tongue has been found indecent. A brief kiss on the mouth without that is usually not treated as a crime unless the circumstances give it improper sexual overtones.
What To Do Right Now
If you have just been charged or arrested under G.L. c. 265, § 13H, here is what you need to do immediately:
● Don't talk to police without an attorney present — even a brief statement can be taken out of context
● Don't contact the complainant or anyone connected to the allegation
● Don't discuss your case with anyone except your attorney
● Don't post anything about the situation on social media
● Preserve any evidence that supports your account — text messages, emails, photographs, location data, or other records
● Write down everything you remember while your memory of the events 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 — even a brief statement can be taken out of context
● Don't contact the complainant or anyone connected to the allegation
● Don't discuss your case with anyone except your attorney
● Don't post anything about the situation on social media
● Preserve any evidence that supports your account — text messages, emails, photographs, location data, or other records
● Write down everything you remember while your memory of the events is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890 — we answer 24/7.
We're Here To Help
A charge under G.L. c. 265, § 13H is serious, but it is not the end of the story. We have spent more than 30 years helping people understand their options and navigate the Massachusetts criminal justice system. A free, confidential consultation gives you a clear picture of where you stand and what can be done. 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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Contact our team today for a free consultation. We are available 24/7.
