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Massachusetts Age of Consent Laws: Statutes, Penalties, Reporting

Independently fact-checkedBy Recording Law Editorial Team13 min read

Independently fact-checked against primary sources (last audited September 30, 2026). · 21 primary sources cited on this page. How we verify our legal content

Massachusetts Age of Consent Laws: Statutes, Penalties, Reporting

Massachusetts's general age-based sexual offenses protect any child under 16 under G.L. c. 265, section 23 with no age-difference element, and a child under 14 under section 13B, while a provision added by St. 2026, c. 137 (G.L. c. 265, section 23A1/2, effective July 1, 2026) protects persons 14 to 17 against a mandated reporter who has or had custodial or supervisory authority; most of the structure is tiered by age and penalty.

To report a concern: if a child is in immediate danger, call 911. The Massachusetts Department of Children and Families states on its official page that reports of suspected child abuse or neglect must be phoned in to DCF, and that nights, weekends and holidays the Massachusetts Child Abuse Emergency Line is (800) 792-5200. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

Information last verified on 2026-09-30. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.

This page covers Massachusetts's criminal statutes on sexual offenses involving minors, mainly G.L. chapter 265 (crimes against the person) and chapter 272 (crimes against chastity, morality, decency and good order). Federal law is summarized on the age of consent laws by state hub. The 2026 section 23A1/2 was located in the session law because it is not yet listed in the online General Laws.

This page describes the main age-based sexual offense statutes. Other Massachusetts statutes also protect minors, and one of them can apply even where none of the offenses described here does.

How Massachusetts law protects minors by age

Massachusetts states its main age lines in the offense itself: under 14, under 16, and under 18 for some offenses, including, since July 1, 2026, section 23A1/2 in a mandated-reporter relationship. The table gives an overview.

Person protectedOffenseCitePenalty as stated
Under 14Indecent assault and battery on a child265, 13BState prison up to 10 years, or house of correction up to 2 1/2 years
Under 16Rape and abuse of a child265, 23State prison for life or any term of years; or jail or house of correction, except as otherwise provided
Under 16Rape and abuse of a child, aggravated by a stated age difference or a mandated-reporter defendant265, 23ALife or any term of years, not less than 10 years
14 to 17Indecent assault and battery by a mandated reporter with custodial or supervisory authority265, 23A1/2(b)State prison up to 10 years, or jail or house of correction up to 2 1/2 years
16 or 17Intercourse by a mandated reporter with custodial or supervisory authority265, 23A1/2(a)State prison up to 20 years
Under 18Inducing intercourse of a person "of chaste life"272, 4State prison up to 3 years, or jail or house of correction up to 2 1/2 years, or a fine up to $1,000

Children under 14

G.L. c. 265, section 13B makes an indecent assault and battery on a child under 14 punishable by imprisonment in the state prison for not more than 10 years or in the house of correction for not more than 2 1/2 years. The section provides that a prosecution "shall neither be continued without a finding nor placed on file," and that in a prosecution under the 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."

Section 13B1/2 covers an indecent assault and battery on a child under 14 committed during the commission or attempted commission of listed offenses, or by a defendant who was a mandated reporter as defined in section 21 of chapter 119. It is punishable by imprisonment in the state prison for life or any term of years but not less than 10 years, and section 13B3/4 sets a minimum of 15 years for a person with listed prior convictions.

Children under 16

Section 23 covers a person who "unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age." The section states no minimum age for the other person and no age-difference element. The penalty is 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.

Section 22A and section 22B cover intercourse with a child under 16 accomplished by force or threat of bodily injury, and section 22B adds listed aggravating circumstances. Section 24B covers an assault on a child under 16 with intent to commit rape. Chapter 272, section 35A covers any "unnatural and lascivious act with a child under the age of sixteen," punishable by a fine of $100 to $1,000, imprisonment in the state prison for up to 5 years, or imprisonment in a jail or house of correction for up to 2 1/2 years, with a minimum state prison term of 5 years for a second or subsequent offense by a person over 18.

How the age difference works in section 23A

Section 23A applies where there is "more than a 5 year age difference between the defendant and the victim and the victim is under 12 years of age," where there is "more than a 10 year age difference" and the victim is between 12 and 16, or where the defendant, at the time, "was a mandated reporter" as defined in section 21 of chapter 119. The result is a sentence of life or any term of years "but not less than 10 years," which cannot be reduced below 10 years or suspended, with no eligibility for probation, parole, work release, furlough or good-conduct deduction until 10 years are served.

The age difference in section 23A is a grading provision that raises the penalty. It is not a defense to section 23, and section 23 itself contains no age-difference element.

Positions of trust and authority: section 23A1/2

St. 2026, c. 137, section 86, inserted a new section 23A1/2 into chapter 265 after section 23A, and section 135 of the act states that, except as otherwise provided, it takes effect on July 1, 2026. The section is not yet listed in the online General Laws, so this page cites the session law. It covers a person who "exercises or has at any time exercised custodial or supervisory authority over such child as a mandated reporter as defined in section 21 of chapter 119." It has three operative parts:

Stack of court documents held together with a binder clip

  • Subsection (a): sexual intercourse or unnatural sexual intercourse with a child who has attained 16 but is under 18. Punishment is imprisonment in the state prison for not more than 20 years, and a prosecution is not to be continued without a finding or placed on file.
  • Subsection (b): an indecent assault and battery on a child who has attained 14 but is under 18. Punishment is imprisonment in the state prison for not more than 10 years, or in a jail or house of correction for not more than 2 1/2 years.
  • Subsection (c): in a prosecution under the section, a child under 18 is deemed incapable of consenting to any conduct of the defendant for which the defendant is being prosecuted.

Subsections (a) and (b) each state that they "shall not apply if the defendant was not more than 4 years older than the child at the time of the alleged offense." The age difference is therefore written into the offense as a proviso. Subsection (d) provides that it is not a defense that the defendant's custodial or supervisory authority over the child has ended, if the child is under 18 at the time of the offense. Section 23A separately raises the penalty where the victim is under 16 and the defendant was a mandated reporter.

Other offenses that protect minors

  • Inducing intercourse (c. 272, 4): inducing "any person under 18 years of age of chaste life to have unlawful sexual intercourse" is punishable by state prison for up to 3 years, or jail or house of correction for up to 2 1/2 years, or a fine of up to $1,000, or a fine and imprisonment.
  • Paying for sexual conduct with a child (c. 272, 53A(c)): paying, agreeing to pay or offering to pay a person with the intent to engage in sexual conduct with a child under 18, or being paid to aid such a person, is punishable by up to 10 years in state prison, or up to 2 1/2 years in a house of correction and a fine of $3,000 to $10,000, or both.
  • Inducing a minor into prostitution (c. 272, 4A): state prison for not more than 5 and not less than 3 years, and a fine of $5,000.
  • Living off earnings of a minor's prostitution (c. 272, 4B): state prison for not less than 5 years and a fine of $5,000.
  • Enticement of a child under 16 (c. 265, 26C): enticing a child under 16, or someone believed to be, to enter, exit or remain within a vehicle, dwelling, building or outdoor space with intent that a listed sexual offense be committed, is punishable by up to 5 years in state prison, or up to 2 1/2 years in a house of correction, or by both imprisonment and a fine of up to $5,000.
  • Electronic enticement of a child under 18 (c. 265, 26D): knowingly enticing by electronic communication a child under 18 to engage in prostitution, human trafficking or commercial sexual activity is punishable by up to 2 1/2 years in a house of correction or up to 5 years in state prison, or a fine of not less than $2,500, or both, with a minimum of 5 years for a second or subsequent violation.
  • Trafficking a person under 18 for sexual servitude (c. 265, 50(b)): state prison for life or any term of years, but not less than 5 years.

Penalties

Massachusetts penalties are stated in each section, as shown in the tables above and the list of other offenses. Sections 13B1/2, 13B3/4, 22B, 22C, 23A, 23B, 4A, 4B and 50 carry minimum terms, sections 24B, 26D and 35A carry minimum terms for some repeat or armed offenses, and several of these sections provide that a prosecution "shall neither be continued without a finding nor placed on file." The penalty for a particular charge depends on the exact section and subsection, and the statute text controls.

Sex offender registration

G.L. c. 6, section 178C defines "sex offense" to include sections 13B, 13B1/2, 13B3/4, 22A, 22B, 22C, 23, 23A, 23B, 24B, 26C and 26D and 50 of chapter 265, and sections 4A, 4B and 35A of chapter 272, among others. Section 4 of St. 2026, c. 137 (effective July 1, 2026) amended section 178C to add rape of a child 16 or 17 and indecent assault and battery on a child 14 to 17 by a mandated reporter under section 23A1/2; the online text of section 178C did not yet show that amendment when this page was checked. Chapter 272, section 4 does not appear in the section 178C list.

Under section 178G, the duty to register ends 20 years after conviction, adjudication or release from all custody or supervision, whichever last occurs, unless sooner terminated by the board, and unless the person was convicted of two or more sex offenses as defined under the federal Jacob Wetterling Act committed on different occasions, was convicted of a sexually violent offense, was determined by the sentencing court to be a sexually violent predator, or is otherwise subject to lifetime registration as determined by the Sex Offender Registry Board, in which cases the duty is not terminated. Under section 178K, the Sex Offender Registry Board classifies sex offenders by risk of reoffense and degree of dangerousness into level 1, 2 or 3 designations, which governs how registration information is shared.

Recent changes

  • St. 2026, c. 137, section 86 (effective July 1, 2026): inserted G.L. c. 265, section 23A1/2, described above.
  • St. 2026, c. 137, section 4 (effective July 1, 2026): amended G.L. c. 6, section 178C to add the section 23A1/2 offenses to the sex offender registration definitions.
  • St. 2026, c. 137, section 89 (effective July 1, 2026): adds to G.L. c. 277, section 63 a provision that an indictment or complaint for an offense under c. 265, sections 22, 22A, 22B, 22C, 22D, 23, 23A or 23B may be filed at any time if the identity of the person was established after the limitation period through DNA analysis of evidence collected at the time of the offense.

How to report

If a child is in immediate danger, call 911. The Massachusetts Department of Children and Families states on its official page that reports of suspected child abuse or neglect must be phoned in to DCF and that nights, weekends and holidays the Massachusetts Child Abuse Emergency Line is (800) 792-5200. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) and the NCMEC CyberTipline (report.cybertip.org or 1-800-843-5678) are also available.

Disclaimer

This page is general legal information about Massachusetts criminal statutes as verified on 2026-09-30. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Massachusetts.

Frequently Asked Questions

Why is section 23A1/2 not shown in the online General Laws?

The section was inserted by section 86 of St. 2026, c. 137 (the FY2027 appropriation act, approved July 9, 2026). When this page was checked, the chapter 265 index on the Legislature's site did not yet list it, so the session law is the official text cited here.

What does "mandated reporter" refer to in these sections?

Sections 13B1/2, 23A and 23A1/2 refer to a mandated reporter "as defined in section 21 of chapter 119." That definition is in a different chapter and was not summarized for this page, so the text of chapter 119, section 21 should be read directly.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. G.L. c. 265, 13B (Indecent assault and battery on child under 14)(malegislature.gov).gov
  2. G.L. c. 265, 13B1/2 (Aggravated indecent assault and battery on a child under 14)(malegislature.gov).gov
  3. G.L. c. 265, 13B3/4 (Indecent assault and battery on a child under 14 by certain previously convicted offenders)(malegislature.gov).gov
  4. G.L. c. 265, 22A (Rape of child; punishment)(malegislature.gov).gov
  5. G.L. c. 265, 22B (Rape of a child during commission of certain offenses or by use of force)(malegislature.gov).gov
  6. G.L. c. 265, 23 (Rape and abuse of child)(malegislature.gov).gov
  7. G.L. c. 265, 23A (Rape and abuse of child aggravated by age difference or by mandated reporters)(malegislature.gov).gov
  8. G.L. c. 265, 24B (Assault of child; intent to commit rape)(malegislature.gov).gov
  9. G.L. c. 265, 26C (Enticement of child under age 16)(malegislature.gov).gov
  10. G.L. c. 265, 26D (Enticement of child under age 18 to engage in prostitution, human trafficking or commercial sexual activity)(malegislature.gov).gov
  11. G.L. c. 265, 50 (Trafficking of persons for sexual servitude)(malegislature.gov).gov
  12. G.L. c. 272, 4 (Inducing person under eighteen to have sexual intercourse)(malegislature.gov).gov
  13. G.L. c. 272, 4A (Inducing minor into prostitution)(malegislature.gov).gov
  14. G.L. c. 272, 4B (Living off or sharing earnings of minor prostitute)(malegislature.gov).gov
  15. G.L. c. 272, 35A (Unnatural and lascivious acts with child under 16)(malegislature.gov).gov
  16. G.L. c. 272, 53A (Engaging in sexual conduct for a fee; engaging in sexual conduct with child under age 18 for a fee)(malegislature.gov).gov
  17. St. 2026, c. 137, 86 (inserting G.L. c. 265, 23A1/2) and 135 (effective date)(malegislature.gov).gov
  18. G.L. c. 6, 178C (Sex offender registration definitions)(malegislature.gov).gov
  19. G.L. c. 6, 178G (Duration of registration)(malegislature.gov).gov
  20. Massachusetts Department of Children and Families: report child abuse or neglect(www.mass.gov).gov
  21. section 178K(malegislature.gov).gov
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