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If you or a loved one has been accused of a sex-related crime in Massachusetts, it is important that you do not speak to law enforcement until after you have consulted with a qualified attorney. Below you will find information about the sex crimes charges our office typically handles. Call the Law Office of Robert J. White if you have been accused of a sex-related crime today.
INDECENT ASSAULT AND BATTERY- G.L. c. 265, § 13H
To prove the defendant guilty of this offense, the Commonwealth must prove three things beyond a reasonable doubt:
- First: That the defendant committed an assault and battery on the alleged victim. Assault and battery is the intentional touching of another person, without legal justification or excuse.
- Second: That the assault and battery was “indecent.”
- Third: That the alleged victim did not consent to the alleged indecent assault and battery.
An indecent act is commonly understood as measured by common understanding and practices. It is one that is fundamentally offensive to contemporary standards of decency. An assault and battery may be “indecent” if it involves touching portions of the anatomy commonly thought private.
INDECENT ASSAULT AND BATTERY ON A CHILD UNDER FOURTEEN – G.L. c. 265, § 13B
To prove the defendant guilty of this offense, the Commonwealth must prove three things beyond a reasonable doubt:
- First: That the alleged victim was not yet 14 years of age at the time of the alleged offense;
- Second: That the defendant committed an assault and battery on that child. Assault and battery is the intentional touching of another person without legal justification or excuse.
- Third: The Commonwealth must prove beyond a reasonable doubt that the assault and battery was “indecent” as that word is commonly understood, measured by common understanding and practices.
An indecent act is one that is fundamentally offensive to contemporary standards of decency. An assault and battery may be “indecent” if it involves touching portions of the anatomy commonly thought private. If the alleged victim is under 14 years of age, it is irrelevant whether or not (he) (she) consented to any touching.
SECRETLY PHOTOGRAPHING OR VIDEOTAPING A NUDE OR PARTIALLY NUDE PERSON – G.L. c. 272, § 105(b), ¶ 1
In order to prove the defendant guilty of this offense, the Commonwealth must prove five things beyond a reasonable doubt:
- First: That the defendant willfully (photographed) (videotaped) (electronically surveilled) the alleged victim;
- Second, That the defendant did so without the alleged victim’s knowledge and consent;
- Third: That the defendant intended to secretly conduct or hide such activity;
- Fourth, the the alleged victim was nude or partially nude; and
- Fifth, That the alleged victim had a reasonable expectation of privacy in not being so (photographed) (videotaped) (electronically surveilled).
The term “electronically surveils” means “to view, obtain or record a person’s visual image by the use or aid of a camera, cellular or other wireless communication device, computer, telephone or other electronic device.” The Commonwealth must also prove that the defendant acted willfully when recording or viewing. This requires the jury to make a decision about the defendant’s state of mind at the time—whether his (her) actions were intentional and not accidental or due to inadvertence or inattention.
SEX OFFENDER REGISTRY BOARD
In Massachusetts, if you are convicted of a sex crime, in addition to a possible house of corrections or state prison sentence, you will also be required to register as a sex offender with the Massachusetts Sex Offender Registry Board. You can view the SORB statute here. The Sex Offender Registry Board requires those convicted of a sex crime to provide their name, aliases, date and place of birth, sex, race, height, weight, hair color, social security number, home address, work address, photograph, fingerprints, description of the crime, and any other information deemed useful in assessing the risk of the sex offender to be submitted and available to the public.
The length of registration in the SORB database ranges from 20 years to life, and is based on the type of sex offense rather than the actual classification. The Sex Offender Registry Law (SORL) requires an individual to register for 20 years if they are convicted of a single sex offense or if the offense was committed as a juvenile. If the offense involved a child, is a violent offense, or the offender has any prior convictions, they will be required to register for life. Persons whose only sex offense was committed as a juvenile may request relief from their duty to register; requests are not automatically granted and are viewed on a case specific basis.
Following the initial registration, a sex offender must verify their address once a year, notify the Sex Offender Registry Board (SORB) within 45 days upon becoming homeless, notify the SORB 10 days in advance of intent to change home, work, post-secondary school address, and notify the SORB 10 days in advance of intent to move outside Massachusetts. Registration with the SORB costs an initial fee of $75 and an additional $75 annual renewal fee. Failure to register with the Board, verify information, or provide adequate notice for a change of address is a criminal offense in Massachusetts set forth by M.G.L. c. 6 Section 178H.
SORB CLASSIFICATION LEVELS
There are 3 levels of sex offenders in Massachusetts. Offenders are classified based on their risk of re-offending and the degree of danger they pose to the public.
According to the statute, a sex offender is any person who lives, works, or attends school in Massachusetts who has:
- Been convicted of a sex offense
- Been adjudicated as a youthful offender or as a delinquent juvenile for a sex offense
- Been released from incarceration, parole, probation supervision, or custody with the Department of Youth Services for a sex offense conviction or adjudication
- Been adjudicated as a sexually dangerous person, or a person released from civil commitment anytime from August 1, 1981
Level 1 sex offenders:
- Have a low risk of re-offending
- Pose a low degree of danger to the public
The public cannot access information about Level 1 offenders. Their information is only provided to:
- All municipal and state police departments
- Federal Bureau of Investigation
- Department of Correction and all county correctional facilities
- Department of Youth Services
- Department of Children & Families
- Massachusetts Parole Board
- Department of Probation
- Department of Mental Health
Level 2 sex offenders:
- Have a moderate risk of re-offending
- Pose a moderate degree of danger to the public
The public can only access Level 2 offender data on the internet for sex offenders classified after July 12, 2013. Complete Level 2 offender data including those classified prior to July 12, 2013 is accessible through police departments and by named individual SORI requests through the Sex Offender Registry Board.
Level 3 sex offenders:
- Have a high risk of re-offending
- Pose a high degree of danger to the public
Information about Level 3 offenders is publicly available. You can get this information through local police departments and through the online registry.