Resources

Child Pornography

Possession and Dissemination.

Possession of Child Pornography is described as knowingly possessing and/or purchasing an image of a child engaged in sexual conduct.

In order to prove you guilty, the Commonwealth must prove, beyond a reasonable doubt, that:

  • First, you knowingly purchased or possessed images of a child under the age of 18 engaged in sexual conduct;
  • Second, the image of the person under the age of 18 is actually (or by simulation) engaged in any act of sexual conduct or contact as described in M.G.L. Ch. 272, §29C;
  • Third, you knew or should have known that the child in the image was under the age of 18; and
  • Fourth, that you knew of the nature and/or content of the images,

Proof that the image(s) contained nudity is not sufficient for a conviction; rather, the person must be engaged in one of the activities specified in M.G.L. Ch. 272, §29C.

Dissemination of Child Pornography requires proof of the same elements described above, plus that you provided the images to someone else, and you did it with lascivious intent.

Lascivious intent is defined as “a state of mind in which the sexual gratification or arousal of any person is an objective.”  Examples given in the statute as of proof of lascivious intent are:

  • whether the circumstances include sexual behavior, sexual relations, infamous conduct of a lustful or obscene nature, deviation from accepted customs and manners, or sexually oriented displays;
  • whether the focal point of a visual depiction is the child’s genitalia, pubic area, or breast area of a female child;
  • whether the setting or pose of a visual depiction is generally associated with sexual activity;
  • whether the child is depicted in an unnatural pose or inappropriate attire, considering the child’s age;
  • whether the depiction denotes sexual suggestiveness or a willingness to engage in sexual activity;
  • whether the depiction is of a child engaging in or being engaged in sexual conduct, including, but not limited to, sexual intercourse, unnatural sexual intercourse, bestiality, masturbation, sado-masochistic behavior, or lewd exhibition of the genitals.

A “child” is anyone under the age of 18.

 

Internet Sex Crimes

Distribution of Child Pornography in MA

Beyond merely sending such material to another person(s), the distribution of child pornography includes using peer-to-peer networks, privately printing images, saving the material to a disc or thumb drive, or storing the material in a separate area on a computer hard drive. Defense for this charge requires proving that the accused knew the material being distributed and plausibly explaining why the material was stored where it was found. Punishment for being found guilty of distributing child pornography can include imprisonment from 5-20 years and required registration as a sex offender.

Receipt of Child Pornography

Receipt of child pornography carries a potential punishment of imprisonment from five to twenty years and required registration as a sex offender.

Production of Child Pornography

Due to the interstate nature of many child pornography cases, it is likely that a production of child pornography charge will be heard in a federal court, with serious potential punishments. If you have been charged with production of child pornography, it is critical to contact an attorney to ensure the fairest possible trial.

Sexual Solicitation & Importuning

A charge of sexual solicitation and importuning means that a person is being charged with communicating sexually with someone under the age of 18 online. This illegal behavior includes merely communicating or chatting about a potential meeting; an actual meeting in person may elicit even harsher charges. Defending again such charges requires investigating potential entrapment. Potential punishment for sexual solicitation and importuning includes prison time and required registration as a sex offender.

Obscenity & Obscene Materials

Although the definition of obscenity varies, a matter will be considered legally “obscene” if taken as a whole it satisfies the following three requirements:

(1) it appeals to the prurient interest of the average person, applying the contemporary standards of the county where the offense was committed;
(2) it depicts or describes sexual conduct in a patently offensive way; and
(3) it lacks serious literary, artistic, political or scientific value.

Violations of Sexual Registration Requirements

Once convicted of a sex offense, a person typically must register as a sex offender. This can entail potential limitations on where one can live, computer use, medical treatment, travel, interactions with children, and public notification of one’s status. With such limitations, it’s possible for a person to breach the restrictions and face potential additional charges. A strong defense can help point out if a person needs additional treatment or might have a simple explanation for why the charge has been filed.

Once convicted of a sexual offense, a person typically must register as a sex offender. Registering can result in limitations on where the individual can live, as well as his interactions with children, computer use, medical treatment, and travel. Along with restrictions on residence and travel, registration may also result in public notification of the individual’s status as a sex offender, depending upon his classification level. With such limitations, it is possible for a sex offender to breach the restrictions and face potential additional charges. However, a strong defense can help identify whether a person needs additional treatment or has a simple explanation for why the charge has been filed.

Child Enticement & Exploitation

Child enticement and exploitation entails behavior by an adult attempts tries to initiate sexual activity or a sexual relationship with a child, usually via contact online—particularly through social networking sites, chat rooms, bulletin boards, instant messaging, and email. Conviction of these charges includes extensive prison time.

Indecent Exposure

People who have been charged with a sex crime, like indecent exposure, should always consult with a trustworthy Massachusetts sex crime defense lawyer such as Attorney James Powderly. Even though indecent exposure is usually categorized as a misdemeanor offense, people who are convicted of this sex crime may have to pay fines, do community service, attend counseling and may also have to register as a sex offender. These legal consequences not only cause a person numerous setbacks, but can also limit a person’s quality of life for many years to come. For this reason, people should always hire a Massachusetts indecent exposure defense attorney who will place every effort into securing a winning case outcome on their behalf.

EARLY INTERVENTION IS THE KEY TO A PROPER DEFENSE

It is extremely important to have an experienced and knowledgeable attorney begin working on your case as early as possible. Critical issues, such as how your particular case will be filed and what charges will be leveled against you, are decided, many a time, very soon after your arrest or during the investigatory period. Early intervention gives us an opportunity to potentially reduce or dismiss either felony or misdemeanor charges against you before the first court date.

If you are facing Indecent Exposure Charges
in Massachusetts, contact the Powderly Law Offices
immediately at (508) 343-0676.

Please feel free to call for an initial FREE CONSULTATION in our office, or in the privacy and convenience of your own home, during which we can explore how best to defend and resolve your case. Our 24-hour telephone number is (508) 343-0676.

MA INDECENT EXPOSURE PENALTIES

• Imprisonment in Jail or House of Corrections for Not More Than Six (6) Months
• Fine of Not More than Two Hundred ($200) Dollars

Contact a MA Indecent Exposure Lawyer at (508) 343-0676 or CLICK HERE
MA INDECENT EXPOSURE LAW

Chapter 272: Section 53. Penalty for certain offenses
Common night walkers, common street walkers, both male and female, common railers and brawlers, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, idle and disorderly persons, disturbers of the peace, keepers of noisy and disorderly houses, and persons guilty of indecent exposure may be punished by imprisonment in a jail or house of correction for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment.

Open and Gross Lewdness

Every sex crime arrest is serious. Every arrest—even for open and gross lewdness—puts the arrested person into a justice system that will label that person as an alleged sex criminal. If you are convicted this can mean years as a registered sex offender.

Massachusetts Sex Crimes Lawyer James Powderly takes no chances with your future, your freedom and your reputation. Open and Gross Lewdness may seem like a lesser charge, something you can simply plead to and put behind you so that you can avoid the hassle of a trial. Before you make that decision, talk to a skilled Massachusetts Sex Crimes Defense Lawyer.

EARLY INTERVENTION IS THE KEY TO A PROPER DEFENSE

It is extremely important to have an experienced and knowledgeable attorney begin working on your case as early as possible. Critical issues, such as how your particular case will be filed and what charges will be leveled against you, are decided, many a time, very soon after your arrest or during the investigatory period. Early intervention gives us an opportunity to potentially reduce or dismiss either felony or misdemeanor charges against you before the first court date.

If you are facing Open and Gross Lewdness Charges
in Massachusetts, contact the Powderly Law Offices
immediately at (508) 343-0676.

Please feel free to call for an initial FREE CONSULTATION in our office, or in the privacy and convenience of your own home, during which we can explore how best to defend and resolve your case. Our 24-hour telephone number is (508) 343-0676.

MA OPEN AND GROSS PENALTIES

• State Prison Not More Than Three (3) Years, OR
• Jail Not More Than Two (2) Years, AND / OR
• Fine Not More Than Three Hundred ($300) Dollars
Contact a MA Open and Gross Defense Lawyer at (508) 343-0676 or CLICK HERE
MA OPEN AND GROSS LEWDNESS LAW

Chapter 272: Section 16.
Open and gross lewdness and lascivious behavior
A man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars.

Exhibition of a Child in Nudity or Sexual Conduct

MA EXHIBITING A CHILD IN SEXUAL CONDUCT PENALTIES

• State Prison Not Less Than Ten (10) Years But Not More Than Twenty (20) Years AND / OR
• Fine of Not Less Than Ten Thousand ($10,000) But Not More Than Ten Thousand ($50,000) Dollars

Contact a MA Child Pornography Lawyer at (508) 343-0676 or CLICK HERE

EXHIBITING A CHILD IN SEXUAL CONDUCT LAW

Chapter 272: Section 29A.
Posing or exhibiting child in state of nudity or sexual conduct
(a) Whoever, either with knowledge that a person is a child under eighteen years of age or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, and with lascivious intent, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to pose or be exhibited in a state of nudity, for the purpose of representation or reproduction in any visual material, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.

(b) Whoever, either with knowledge that a person is a child under eighteen years of age or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to participate or engage in any act that depicts, describes, or represents sexual conduct for the purpose of representation or reproduction in any visual material, or to engage in any live performance involving sexual conduct, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.

(c) In a prosecution under this section, a minor shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.

(d) For the purposes of this section, the determination whether the person in any visual material prohibited hereunder is under eighteen years of age may be made by the personal testimony of such person, by the testimony of a person who produced, processed, published, printed or manufactured such visual material that the child therein was known to him to be under eighteen years of age, or by expert medical testimony as to the age of the person based upon the person’s physical appearance, by inspection of the visual material, or by any other method authorized by any general or special law or by any applicable rule of evidence.

Sexting

Sexting is serious.

“Sexting” is the increasingly-common practice of sending nude or suggestive pictures of oneself or someone else by text message on a cell phone.  Such messages also sometimes are sent by email or other methods, but most often what we refer to as “sexting” involves a cell-phone.

This is a dangerous practice, because if it involves pictures of people who are younger than 18, sexting may violate the laws of Massachusetts that were established to protect children. The child pornography laws in Massachusetts are all felonies; they are quite serious, and there are no “lesser” charges (i.e. misdemeanors) that apply to this conduct. Incidents of “sexting” are taken very seriously by schools and law enforcement, and sometimes result in criminal charges.

There are several charges that can result from sexting.

Posing a Child in a State of Nudity or Sexual Conduct.

It is illegal for anyone, with lascivious intent, to knowingly encourage, cause, coerce, solicit, or entice a person under 18 years of age – male or female – to pose or be shown in a state of nudity (or semi-nudity) for the purpose of photographing them.

Thus, in many circumstances, encouraging a person, even a friend, who is under 18 to take a photo of themselves nude, or of body parts considered sexual in nature, with their cell phone or digital camera, may violate this statute.

Dissemination of Pictures of a Child in a State of Nudity or Sexual Conduct.

It is illegal for anyone, with lascivious intent, to knowingly send out or disseminate pictures of a person under 18 (1) in a state of nudity (or semi-nudity) or (2) engaged in a sexual act.

Thus, for example, a sixteen year old who photographs him or herself nude, and sends it to their boyfriend or girlfriend, violates this statute. A person who receives such a picture attached to an email, for example, and who knowingly forwards it to another person, may also be in violation of this law.

Possession of Child Pornography.

It is illegal for anyone to knowingly possess photographs (in any format) which depict a person under the age of 18 posed with a lewd exhibition of genitals, buttocks, breasts or engaged in an actual or simulated sexual acts.

Having lewd photographs of another person’s exposed genitals, for example, whether it be a friend or stranger, who is under 18, on your cell phone or home computer, violates this statute. Knowingly possessing it, even without sending it on to another person, is illegal.

Dissemination of Harmful Matter to a Minor.

It is illegal for anyone to knowingly send to any person under the age of 18 matter considered to be “harmful. “Harmful matter” includes things that are obscene or pornographic in nature.

Thus when an 18 year old photographs his or her genitals, for example, and sends it to their 17 year old girlfriend or boyfriend, they are in violation of this statute.

Other Potential Consequences:

A conviction in criminal court resulting from “sexting” may have other serious consequences. In addition to the potential jail sentence and/or fine imposed by a Judge, a conviction for the offenses described above may require registration as a Sex Offender for the next 20 years.

A conviction for any of the above-described offenses results in a “felony conviction,” which can trigger a restriction of school activities, such as sports, denial of college admission, and denial of student loan eligibility. A felony conviction mandates that a DNA sample be provided to the state. A felony conviction may also affect future employment opportunities, such as those offered in law enforcement and other high-security clearance positions.

Even without a criminal conviction, “sexting” may be addressed within school, and could potentially result in suspension or expulsion.

 

Stalking

If you or someone you know are under investigation or have been arrested for stalking then contact Massachusetts Stalking Defense Lawyer James Powderly as soon as possible. You may have a restraining order filed against you and may face serious criminal penalties including jail time, probation, fines and more.

Attorney James Powderly is experienced in defending clients who have been charged with stalking, harassment or other related offenses. Stalking is often associated with domestic violence and is often related to the end of a romantic relationships and friendships. No matter the particular charges and penalties you may face in association with a stalking accusation, you need an experienced defense lawyer who will commit themselves to your defense. Massachusetts Criminal Lawyer James Powderly offers a free consultation to discuss your charges and possible defenses.

EARLY INTERVENTION IS THE KEY TO A PROPER DEFENSE

It is extremely important to have an experienced and knowledgeable attorney begin working on your case as early as possible. Critical issues, such as how your particular case will be filed and what charges will be leveled against you, are decided, many a time, very soon after your arrest or during the investigatory period. Early intervention gives us an opportunity to potentially reduce or dismiss either felony or misdemeanor charges against you before the first court date.

If you are facing Stalking Charges
in Massachusetts, contact the Powderly Law Offices
immediately at (508) 343-0676.

Please feel free to call for an initial FREE CONSULTATION in our office, or in the privacy and convenience of your own home, during which we can explore how best to defend and resolve your case. Our 24-hour telephone number is (508) 343-0676.
MASSACHUSETTS STALKING PENALTIES

Stalking – First Offense
• State Prison Not More Than Five (5) Years OR
• House of Correction Not More Than Two and One-Half (2 ½) Years AND
• Fine of Not More Than One-Thousand ($1,000)

Stalking – Second Offense
• State Prison or Jail For Not Less Than Two (2) Years But Not More Than Ten (10) Years

Stalking in Violation of a No Contact Order
• State Prison or Jail For Not Less Than One (1) Year But Not More Than Five (5) Years

Contact a MA Stalking Defense Lawyer at (508) 343-0676 or CLICK HERE

MASSACHUSETTS STALKING LAW

Chapter 265: Section 43. Stalking; punishment
(a) Whoever (1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and (2) makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking and shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars, or imprisonment in the house of correction for not more than two and one-half years or both. Such conduct, acts or threats described in this paragraph shall include, but not be limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device including, but not limited to, electronic mail, internet communications and facsimile communications.

(b) Whoever commits the crime of stalking in violation of a temporary or permanent vacate, restraining, or no-contact order or judgment issued pursuant to sections eighteen, thirty-four B, or thirty-four C of chapter two hundred and eight; or section thirty-two of chapter two hundred and nine; or sections three, four, or five of chapter two hundred and nine A; or sections fifteen or twenty of chapter two hundred and nine C or a protection order issued by another jurisdiction; or a temporary restraining order or preliminary or permanent injunction issued by the superior court, shall be punished by imprisonment in a jail or the state prison for not less than one year and not more than five years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of one year.

A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment.

A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this subsection.

(c) Whoever, after having been convicted of the crime of stalking, commits a second or subsequent such crime shall be punished by imprisonment in a jail or the state prison for not less than two years and not more than ten years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of two years.

A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment.

A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this section.

Statutory Rape

If you have been charged with statutory rape, it is important that you immediately contact a highly skilled Massachusetts sex crimes defense attorney. With your reputation and freedom at risk, the stakes are too high not to have an experienced attorney making preparations for your best defense. Attorney James Powderly practices exclusively in the area of criminal defense and he has successfully defended approximately 1,000 clients throughout the District and Superior Courts of Massachusetts.

If you have been charged with statutory rape
in Massachusetts, contact the Powderly Law Offices
immediately at (508) 343-0676.

In Massachusetts, law enforcement responds aggressively to all accusations of statutory rape. In some cases, the minor’s parents will not want to press charges, but Massachusetts law enforcement will. Police, social workers, and prosecutors investigate cases of statutory rape vigorously. These investigations can damage the accused person’s career, ruin their reputation, and cause him/her to be shunned by society.

AGGRESSIVE DEFENSE FOR COLLEGE STUDENTS

Although any adult can be charged with statutory rape, college students are particularly vulnerable because of their relationship with high school students. They may be dating younger girls or meet them at parties. Even if intercourse was consensual, however, the police can still charge you with statutory rape.

Attorney James Powderly always takes the relationship of the accused with the victim into account when preparing your defense. He will look for the motive behind the accusation — an upset parent, pregnancy, or guilt — and strive to have the charges dropped. If possible, they negotiate with prosecutors to lessen your offense and minimize criminal penalties.

MA STATUTORY RAPE DEFENSE

In order to sustain a conviction under this section, the Commonwealth must prove:

1. Sexual Intercourse occurred (performing oral or receiving oral is considered intercourse for purposes of this statute).
2. With a child under sixteen years of age.

WARNING!! Consent is not an element of statutory rape. Statutory rape is a strict liability crime meaning an honest mistake as to the age or identity of the victim is NOT a defense. It is also not a defense that the victim lied about being older, the victim appeared older or someone told you the victim was older. Under this statute, the child is considered incapable, as a matter of law, of giving any effective consent.

If you have been charged with statutory rape, it is in your best interest to seek legal representation from knowledgeable Massachusetts Sex Crimes Lawyer James Powderly. The legal consequences for statutory rape are devastating. An attorney can protect you and your rights during law enforcement investigations and in court.

Contact a MA Statutory Rape Lawyer at (508) 343-0676 or CLICK HERE

MA STATUTORY RAPE PENALTIES

First Offense Penalties
1. Felony.
2. Imprisonment up to Life.
3. Sex Offender Registration.

Second or Subsequent Offense Penalties
1. Felony.
2. Fifteen (15) Years up to Life.
3. Sex Offender Registration.
MASSACHUSETTS STATUTORY RAPE LAW

Chapter 265: Section 23.
Rape and Abuse of a Child
Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age, shall be punished by imprisonment in the state prison for life or for any term of years or, except as otherwise provided, for any term in a jail or house of correction. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.

Indecent Assault and Battery

Indecent Assault and Battery on a Person Aged Fourteen or Older

Indecent assault and battery on a person aged fourteen or older is a criminal offense under Massachusetts General Laws Chapter 265 Section 13H. An assault and battery is an intentional and unjustified use of force upon another’s person, however slight. Since violent force is not usually involved in this offense, “force” in this context is usually no more than a touching. An indecent assault and battery is an intentional and unjustified touching of a private area, including, but not limited to, the breast, abdomen, thigh, buttocks, genital or pubic areas of a female or the buttocks, genital or pubic areas of a male. Whether the body part is a “private area” is determined in the context in which the touching occurred.This crime is a general intent crime as opposed to a specific crime in Massachusetts. Regardless of how the law reads we view many general intent crimes as crimes that lower the district attorney’s burden of proof. In some sense it undermines any defense that centers on accident or an absence of intent. This unfortunate nuance to this law makes it necessary for you to hire someone who has practiced criminal defense law in Massachusetts for decades. There is no substitute for experience.

What Are The Elements of Indecent Assault and Battery on a Person Fourteen or Older in Massachusetts?
To be convicted of indecent assault and battery on a person aged fourteen or older, the prosecutor must prove all of the following six elements beyond a reasonable doubt:

The alleged victim was over the age of fourteen.
The defendant intended to engage in the touching;
The defendant committed the touching;
The touching was harmful or offensive;
The touching was indecent.A touching is indecent when it is contrary to societal norms and is offensive to current moral values in that would be considered “immodest, immoral and improper.” Indecency is measured by “common understanding and practice.” This definition gives persons of normal intelligence an opportunity to know what is proscribed. And;
There was no justification or excuse for the touching.
What Will Happen to me if I am Convicted of Indecent Assault and Battery on a Person Fourteen or Older?
If you are convicted of indecent assault and battery on a person aged fourteen or older, you face imprisonment in the state prison for up to five years or imprisonment in a jail or house of correction for up to two and one-half years. You are also going to have to register as a sex offender. You will probably have to fight the offender level you get assigned as the Massachusetts Sex Offender Registry Board initially assigns levels that we believe are higher than the person deserves.

Even if you are a first time offender, an Indecent Assault and Battery conviction in Massachusetts carries one of the greatest risks for serving a very long state prison sentence, in addition to spending a lifetime as a registered sex offender. However, false accusations unfortunately are frequently made against innocent people and result in prosecutors issuing bizarre and illogical indecent assault and battery charges that can turn the accused person’s life upside down in an instant.

SERIOUS CHARGES REQUIRE A SERIOUS DEFENSE

Attorney James Powderly defends individuals charged with the following Massachusetts Indecent Assault and Battery crimes:

• Indecent Assault and Battery on Person Fourteen (14) and Older
• Indecent Assault and Battery on Mentally Retarded Person
• Indecent Assault and Battery on Person Under Fourteen (14)
MA INDECENT A&B PENALTIES

Indecent Assault and Battery is an incredibly serious charge that will result in long prison sentences and hefty fines upon conviction. In addition, if you are found guilty, you will be required to register as sex offender for the rest of your life. This means that every year you must provide your name and address to your local police department. Furthermore, your reputation will be destroyed. You will be prohibited from holding certain professions, and may have difficulty finding housing or obtaining a loan. You will also be prohibited from spending time alone with children, even if they are your own kids.

MA INDECENT A&B DEFENSE STRATEGY

Each case has different facts and will require a unique approach. We analyze the case and determine the most effective presentation of your case. Our sex crimes defense attorneys work hard to develop an effective indecent assault and battery defense strategy.

• We utilize DNA experts to challenge the validity of any DNA evidence.
• When a case lacks DNA evidence, we use this fact to our client’s advantage.
• We listen to our client’s the story. Was the act consensual?
• Did the police violate our client’s rights by coercing a confession?
• Was the accuser known for making false accusations?

Your reputation can be seriously damaged by allegations of Indecent Assault and Battery. Society is quick to jump to conclusions. We fight to protect your rights, preserve your freedom and preserve your reputation. Click Here to schedule a free initial consultation.

DEFENSE OF INDECENT A&B ON PERSON UNDER 14

There are four elements the Commonwealth must prove:
1. The alleged victim was at least fourteen years old at the time of the offense;
2. The defendant committed an assault and battery on the alleged victim. An A&B is the intentional touching of another person, without justification or consent.
3. The Commonwealth must prove the A&B was “indecent”. An A&B is “indecent” if it involves touching parts of the body commonly thought of as private, such as genitals, buttocks and a woman’s breasts.
4. The Commonwealth must prove the alleged victim did not consent.

Contact a MA Indecent A&B Lawyer at (508) 343-0676 or CLICK HERE

MA Indecent Assault and Battery 14 and Older

First Offense Penalties
1. Felony.
2. State Prison up to Five (5) Years or;
3. House of Correction up to Two and One-Half (2 ½) Years;
4. Sex Offender Registration.

If the victim is 60 years or older or disabled as defined in Section 13K
1. Felony.
2. State Prison up to Ten (10) Years or;
3. House of Correction up to Two and One-Half (2 ½) Years;
4. Sex Offender Registration.

If the Defendant is convicted of a second or subsequent offense
1. Felony.
2. State Prison up to Twenty (20) Years.
3. Sex Offender Registration.

Chapter 265: Section 13H.
Indecent Assault and Battery on Person Fourteen or Older; Penalties
Whoever commits an indecent assault and battery on a person who has attained age fourteen shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction.

Whoever commits an indecent assault and battery on an elder or person with a disability, as defined in section 13K, shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2 1/2 years, and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for not more than 20 years. A prosecution commenced under this paragraph shall not be placed on file nor continued without a finding.

Contact a MA Indecent A&B Lawyer at (508) 343-0676 or CLICK HERE

MA Indecent Assault and Battery Mentally Retarded Person

First Offense Penalties
1. Felony.
2. State Prison Five (5) to Ten (10) Years.
3. Sex Offender Registration.

Second or Subsequent Offense Penalties
1. Felony.
2. State Prison not less than Ten (10) Years.
3. Sex Offender Registration.

Chapter 265: Section 13F.
Indecent Assault and Battery Mentally on Retarded Person; Assault and Battery
Whoever commits an indecent assault and battery on a mentally retarded person knowing such person to be mentally retarded shall for the first offense be punished by imprisonment in the state prison for not less than five years or not more than ten years; and for a second or subsequent offense, by imprisonment in the state prison for not less than ten years. Except in the case of a conviction for the first offense for violation of this section, the imposition or execution of the sentence shall not be suspended, and no probation or parole shall be granted until the minimum imprisonment herein provided for the offense shall have been served. This section shall not apply to the commission of an indecent assault and battery by a mentally retarded person upon another mentally retarded person.

Whoever commits an assault and battery on a mentally retarded person knowing such person to be mentally retarded shall for the first offense be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than five years; and, for a second or subsequent offense, by imprisonment in the state prison for not more than ten years. This section shall not apply to the commission of an assault and battery by a mentally retarded person upon another mentally retarded person.

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MA Indecent Assault and Battery on Child Under Age of 14

WARNING!! In a prosecution under this section, a child under the age of 14 years shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted.

First Offense Penalties
1. Felony.
2. State Prison up to Ten (10) Years or;
3. House of Correction up to Two and One-Half (2 ½) Years;
4. Sex Offender Registration.

Second or Subsequent Offense Penalties
1. Felony.
2. State Prison Up to Life.
3. Sex Offender Registration.

Chapter 265: Section 13B.
Indecent assault and battery on child under age of 14; Penalties
Whoever commits an indecent assault and battery on a child under the age of 14 shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2½ years. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.

In a prosecution under this section, a child under the age of 14 years shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted.

Sex Offenses and Sex Offender Registration

What Constitutes A Sex Offense in Massachusetts

While the term ‘sex offense’ is enough to make most people immediately feel anger and disgust, Massachusetts law has numerous individual laws that define many different types of sex offenses and detail the different punishments that they may receive. There are numerous specific crimes that end up being classified as sex offenses, and determining what may constitute one is important.

There are two main types of sex offenses in Massachusetts law – forcible offenses and non-forcible offenses. Each of these is different in obvious ways, but still lead to serious penalties under state law.

Forcible sex offenses are the most heinous and the most heavily punished. These sex offenses include things like forcible rape, sodomy, sexual assault, and more. Essentially, it is defined as a type of crime that involves forcible sexual intercourse with any person. It doesn’t matter if the victim and the suspect are married, are dating, or are complete strangers. It also doesn’t matter what type of sexual activity is conducted – any type of sexual contact that involves penetration or sexual gratification that is unwanted and forced upon a victim is considered to be forcible sexual assault. Under this definition, numbers specific charges may be filed including sodomy, aggravated sexual assault, sexual assault, and more.

Non-Forcible sex offenses are those that often involve sexual conduct between a suspect and someone who is unable to give consent. This includes sex acts that involve mentally disabled victims, underage victims, and children. Statutory rape falls under this definition, as do most child abuse cases although these may also be considered forcible cases as well. In nearly all cases, even if consent is given by the victim the state of Massachusetts will still consider sexual relations with a person under the age of 18 to be a sexual offense.

In short, any type of crime that involves the exploitation of another person against their will, the assault and forced sexual relations with a person against their will, or any other situations related to sexual activity may be considered to be a crime. It’s important to note that the specifics of each situation will have a large impact on what type of charges will be filed against a person and what type of punishment they may receive. In many instances multiple charges could be filed.

It’s also important to understand that in many situations, particularly those involving children, the internet, or kidnapping, federal charges are likely to be filed as well. In these cases federal prosecutors will work to gain longer sentences and in some cases state as well as federal punishments will be applied.

Any type of sex offense also usually requires the guilty party to register as a sex offender in the sex offender registry. This is a condition of release and the number of years one will be included on this list may vary greatly and could even be for life.

Sex offenses are among the most serious crimes one can be charged with, and there are numerous specific types of charges one may face. Each one is different, but will involve the points listed above.