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HOUSE DOCKET, NO. 1606 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1538
The Commonwealth of Massachusetts
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PRESENTED BY:
Kenneth I. Gordon
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to preventing educator sexual misconduct and abuse of children and youth.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kenneth I. Gordon21st Middlesex1/18/2023 1 of 3
HOUSE DOCKET, NO. 1606 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1538
By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1538) of
Kenneth I. Gordon relative to preventing educator sexual misconduct and abuse of children and
youth. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to preventing educator sexual misconduct and abuse of children and youth.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 268 of the General Laws, as appearing in the 2016 Official Edition,
2is hereby amended by inserting after section 21B the following section:-
3 Section 21C. A person over the age of 21 who is employed by or contracts with a public
4or private school, the department of youth services, the department of children and families, the
5department of mental health, the department of developmental services or a private institution
6that provides services to clients of such departments, such as an administrator, teacher,
7counselor, coach, bus driver or a person in a similar position of authority in the school,
8department or institution and, in the course of such employment or contract or as a result thereof,
9engages in, within or outside of the school, department or institution, sexual relations with a
10person who is: (i) under the age of 19, has not received a high school diploma, general
11educational development certificate or equivalent document and is served by the school,
12department or institution; or (ii) under the age of 22, has special needs under chapter 71B, has 2 of 3
13not received a high school diploma, general educational development certificate or equivalent
14document and is served by the school, department or institution, shall have a cause of action
15against such an employee or contractor, under chapter 260, section 4C. In a civil action
16commenced under said section, a person served by such school, department or institution shall be
17deemed incapable of consent to sexual relations with such an employee or contractor.
18 SECTION 2. Said chapter 268 is hereby amended by inserting after section 21A the
19following section:-
20 Section 21B. A person over the age of 21 who is employed by or contracts with a public
21or private school, the department of youth services, the department of children and families, the
22department of mental health, the department of developmental services or a private institution
23that provides services to clients of such departments, such as an administrator, teacher,
24counselor, coach, bus driver, or a person in a position of authority in the school, department or
25institution and, in the course of such employment or contract or as a result thereof, engages in,
26within or outside of the school, department or institution, sexual relations with a person who is:
27(i) under the age of 19, has not received a high school diploma, general educational development
28certificate or equivalent document and is served by the school, department or institution; or (ii)
29under the age of 22, has special needs under chapter 71B, has not received a high school
30diploma, general educational development certificate or equivalent document and is served by
31the school, department or institution, shall be punished by imprisonment in a state prison for not
32more than 5 years or in a jail or house of corrections for not more than 2½ years, by a fine of
33$10,000 or by both such fine and imprisonment. Registration as a sex offender shall be required.
34In the case of a teacher or other licensed professional, revocation of the teaching certificate or
35professional license shall also be required. In a prosecution commenced under this section, an 3 of 3
36individual served by such a school, department or institution shall be deemed incapable of
37consent to sexual relations with the person.