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Indecent Assault and Battery on a Person Aged Fourteen or Older

Indecent assault and battery on a person aged fourteen or older is a criminal offense under Massachusetts General Laws Chapter 265 Section 13H. An assault and battery is an intentional and unjustified use of force upon another’s person, however slight. Since violent force is not usually involved in this offense, “force” in this context is usually no more than a touching. An indecent assault and battery is an intentional and unjustified touching of a private area, including, but not limited to, the breast, abdomen, thigh, buttocks, genital or pubic areas of a female or the buttocks, genital or pubic areas of a male. Whether the body part is a “private area” is determined in the context in which the touching occurred.This crime is a general intent crime as opposed to a specific crime in Massachusetts. Regardless of how the law reads we view many general intent crimes as crimes that lower the district attorney’s burden of proof. In some sense it undermines any defense that centers on accident or an absence of intent. This unfortunate nuance to this law makes it necessary for you to hire someone who has practiced criminal defense law in Massachusetts for decades. There is no substitute for experience.

What are the Elements of Indecent Assault and Battery on a Person Fourteen or Older in Massachusetts?

To be convicted of indecent assault and battery on a person aged fourteen or older, the prosecutor must prove all of the following six elements beyond a reasonable doubt:

  1. The alleged victim was over the age of fourteen.
  2. The defendant intended to engage in the touching;
  3. The defendant committed the touching;
  4. The touching was harmful or offensive;
  5. The touching was indecent.A touching is indecent when it is contrary to societal norms and is offensive to current moral values in that would be considered “immodest, immoral and improper.” Indecency is measured by “common understanding and practice.” This definition gives persons of normal intelligence an opportunity to know what is proscribed. And;
  6. There was no justification or excuse for the touching.
What Will Happen to Me If I am Convicted of Indecent Assault and Battery on a Person Fourteen or Older?

If you are convicted of indecent assault and battery on a person aged fourteen or older, you face imprisonment in the state prison for up to five years or imprisonment in a jail or house of correction for up to two and one-half years. You are also going to have to register as a sex offender. You will probably have to fight the offender level you get assigned as the Massachusetts Sex Offender Registry Board initially assigns levels that we believe are higher than the person deserves.

If you are charged with this offense, retaining the services of a practiced and dedicated attorney like Stephen Neyman is of critical importance. The attorneys at our office are well-informed of the Massachusetts laws and court systems and use our knowledge, talent and experience to build strong defenses on our clients’ behalf. We have successfully defended this and other sex crimes in Massachusetts and throughout the country countless times in our 20 years of practice. To discuss your case or learn more about this crime, call our office at 617-263-6800 or  contact us online.

Si usted habla espanol contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.

Case Results » Indecent Assault and Battery on a Person Aged Fourteen or Older
  • Two Counts of Indecent Assault and Battery on a Person Over 14 Against Non Citizen Property Owner Dismissed

    The defendant is a non citizen who owns a substantial amount of rental property in the greater Boston area. In the fall of 2021 he rented one of his less expensive units to a young woman. The woman paid the security deposit and moved in. Her check bounced. She promised to pay and never did. Our client then commenced eviction proceedings against the woman. Fearing eviction, the woman called the police and complained that our client tried to kiss her, exposed his penis and grabbed her hand and placed it on his penis. Charges of indecent assault and battery on a person over the age of 14 in violation of G.L. c. 265 section 13H were filed. Today, we succeeded in getting the charges dismissed. 

    Read More in Sex Crimes

  • Pretrial Probation for Film Producer Charged With Indecent Assault and Battery at a Nightclub

    In April of 2023 our client, a film producer, was visiting Massachusetts. Along with some friends he went to a popular nightclub. Admittedly he had too much to drink. While at the venue, the man grabbed and groped a female employee. The matter was caught on security cameras. He was charged with indecent assault and battery on a person over the age of 14, a felony under G.L. c. 265 section 13H. Today, we finally convinced the district attorney's office to agree to pretrial probation under G.L. c. 276 section 87. All charges will be dismissed in a couple of months.

    Read More in Sex Crimes

  • Not Guilty Verdict For Property Owner Charged With Four Counts of Indecent Assault and Battery

    Our client owns several pieces of residential rental property throughout the greater Boston area. In April of 2022 he was accused of sexually assaulting a tenant. He was charged with 4 counts of indecent assault and battery in violation of G.L. c. 265 section 13H. The allegations were as follows. The tenant claimed that our client asked her to accompany him for a wellness check on another tenant. In fact, there was no wellness issue. Once he had the victim in a private area in the building his proceeded to touch her breasts and buttocks without her consent as well as kissing her without her consent and placing his penis in her hand. After a trial the defendant was acquitted of all charges. 

    Read More in Sex Crimes

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"In less than two months Stephen Neyman got my old conviction vacated. I now have no criminal record." Paul W. Boston, Massachusetts