Indecent Assault and Battery on a Person Over 14

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 5 years in state prison, or a maximum of 2.5 years in a house of corrections.

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 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 person to touch the assailant’s or another’s private part, or when the assailant touches 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.

If you have been accused of indecent Assault and Battery in Massachusetts, give us a call at 617-906-6268 to schedule a free consultation.