Indecent Assault on a Child Under 14 Defense in Massachusetts
A charge of indecent assault on a child under 14 carries up to 10 years in state prison and lifetime sex offender registration. Attorney Adela Aprodu provides the aggressive, strategic defense you need to protect your rights and your future.
Indecent Assault and Battery on a Child Under 14 -- MGL c. 265 Section 13B
Under Massachusetts General Laws Chapter 265, Section 13B, indecent assault and battery on a child under 14 criminalizes intentional, unjustified touching of a minor's private areas. This is one of the most seriously prosecuted sex offenses in the Commonwealth, carrying severe prison time and mandatory sex offender registration.
The statute covers any deliberate contact with areas typically considered private -- including the breasts, abdomen, thighs, buttocks, and genital or pubic areas of a child. The offense does not require force or coercion; any intentional indecent contact is sufficient for prosecution.
- Felony offense -- up to 10 years in state prison or 2.5 years in the House of Correction
- Mandatory sex offender registration -- typically Level 2 or Level 3 classification
- Strict liability on consent -- children under 14 cannot legally consent; consent is not a defense
- No mistake-of-age defense -- the defendant's belief about the child's age is irrelevant
What the Prosecution Must Prove
For a conviction, the Commonwealth must establish each of the following six elements beyond a reasonable doubt:
- Victim's age -- the alleged victim was under 14 at the time of the incident
- Intent to touch -- the defendant knowingly and intentionally engaged in the act of touching (accidental contact is insufficient)
- Actual touching occurred -- physical contact between the defendant and the alleged victim took place
- Harmful or offensive nature -- the contact was harmful or offensive, even without physical injury
- Indecent nature -- the touching involved private or intimate areas of the body
- No justification or excuse -- the contact was unjustified, with no legitimate reason
Defense Strategies
Attorney Adela Aprodu builds aggressive, evidence-based defenses tailored to the specific facts of each case:
- Challenging witness credibility -- examining testimony for inconsistencies, coaching, suggestive interview techniques, or memory issues common in cases involving young children
- Proving lack of intent -- demonstrating that any contact was accidental, incidental, or misinterpreted rather than intentional
- Disputing the indecent nature -- showing that the contact, if it occurred, was not indecent or sexual in character
- False accusation defense -- identifying motives such as custody disputes, divorce proceedings, or third-party influence on the child's statements
- Challenging forensic evidence -- scrutinizing medical examinations, forensic interviews, and physical evidence for errors or alternative explanations
- Constitutional violations -- suppressing illegally obtained evidence, challenging improper interrogation techniques, or identifying due process violations
Penalties and Consequences
- Up to 10 years in state prison or up to 2.5 years in the House of Correction
- Mandatory sex offender registration -- most defendants are classified Level 2 or Level 3, with community notification and public registry listing
- Lifetime collateral consequences: employment restrictions, housing limitations, and residency restrictions near schools or playgrounds
- If charged alongside related offenses such as forcible rape of a child or statutory rape, sentences can run consecutively
- Early intervention by an experienced defense attorney is critical -- do not speak to police without legal representation
Frequently Asked Questions
Under MGL c. 265 Section 13B, it is the intentional, unjustified touching of a minor's private areas. It is a felony carrying up to 10 years in state prison and mandatory sex offender registration. The prosecution must prove the victim was under 14, that intentional touching occurred, that it was indecent in nature, and that it was unjustified.
No. Massachusetts law presumes that children under 14 are legally incapable of consenting to indecent contact. This makes the offense a strict liability crime with respect to consent, similar to statutory rape. Even if the accused believed the child consented, consent is not a valid defense.
A conviction carries up to 10 years in state prison or up to 2.5 years in the House of Correction. Convicted individuals face mandatory sex offender registration, often at Level 2 or Level 3, along with lifetime collateral consequences affecting employment, housing, and personal relationships.
Common defenses include challenging witness credibility and inconsistencies in testimony, proving that any contact was accidental rather than intentional, demonstrating that the touching was not indecent in nature, challenging forensic or physical evidence, and identifying constitutional violations in the investigation. Attorney Aprodu evaluates every aspect of the case to build the strongest possible defense.
A conviction triggers mandatory registration with the Sex Offender Registry Board (SORB). Most defendants are classified as Level 2 or Level 3 sex offenders, which means community notification, ongoing monitoring, residency restrictions, and public listing on the sex offender registry. These requirements can last for life.
Yes. Early legal representation is critical in sex crimes investigations. Attorney Aprodu can intervene before charges are filed, protect your rights during questioning, preserve exculpatory evidence, and begin building your defense strategy from the earliest stage. Do not speak to police without an attorney present.
Contact Us Today For a Free Consultation
Don't face sex crime charges alone. Attorney Adela Aprodu is ready to fight for you.