Indecent assault and battery (A&B) on a child under 14 is governed by Massachusetts General Laws Chapter 265 Section 13B. It is a felony punishable by a maximum of 10 years in state prison, or 2.5 years in a house of corrections.
An indecent A&B on a child under 14 is defined as the indecent, intentional touching of a child under 14 without legal justification. 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 the child to touch the assailant’s or another’s private part, or when the assailant touches the child with their or another’s private part. A child under 14 is considered unable to consent to any such conduct.
Aggravating factors, such as additional charges of kidnapping or home invasion, can make the potential penalties higher.