Indecent Assault And Battery Defense In Massachusetts
Indecent assault and battery (A&B) on a person over 14 is governed by Massachusetts General Laws Chapter 265 Section 13H. It is a felony punishable by a maximum of five years in state prison, or a maximum of 2.5 years in a house of corrections.
If you have been accused of this heinous crime, the criminal implications may be the least of your problems. The accusations alone can damage your personal reputation and standing in the community. If convicted, you will be required to register as a sex offender – a designation that will forever limit your housing and employment opportunities. Our accomplished defense lawyers at PiltserCowan Law LLC can protect your rights and your reputation.
Indecent A&B on a person over 14 (often shortened to indecent A&B) is defined as the indecent, intentional touching of a person over 14 without legal justification, without that person’s consent. Indecent is understood to mean something fundamentally offensive to current standards of decency, and generally means touching parts of the body commonly thought of as ‘private,’ or ‘the bathing suit area.’ For the purpose of this statue, that includes the mouth. An indecent act includes situations where the assailant directed or commanded a person to touch the assailant’s or another’s private part, or when the assailant touches a person with their or another’s private part. Additional factors regarding the person’s ability to consent (such as when intoxicated) may mean that the person is determined to be unable to consent.
Aggravating factors, such as the victim being over 60 or disabled, can make the potential penalties higher.