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HOUSE DOCKET, NO. 3588 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1636
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Kate Lipper-Garabedian
_________________
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 providing protection from child enticement.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Lipper-Garabedian32nd Middlesex1/20/2023Marian T. Ryan, Middlesex County
District Attorney
151 Warren St, Lowell, MA 018521/20/2023Carol A. Doherty3rd Bristol2/9/2023 1 of 2
HOUSE DOCKET, NO. 3588 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1636
By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No.
1636) of Kate Lipper-Garabedian, Marian T. Ryan, Middlesex County District Attorney and
Carol A. Doherty relative to providing protection from child enticement. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1745 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act providing protection from child enticement.
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. Section 26C of chapter 265 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by inserting after subsection (b), a new subsection (c) as
3follows:
4 (c) No person, by any means and without privilege to do so, shall knowingly entice any
5child under the age of 16, or someone he believes to be a child under the age of 16, to enter into
6any vehicle, if:
7 (1) The person does not have the express or implied permission of the parent, guardian,
8or other legal custodian of the child in undertaking the activity; and 2 of 2
9 (2) (i) The person is not a law enforcement officer, emergency services provider as
10defined in section 71-507, firefighter, or other person who regularly provides emergency
11services, is not the operator of a bookmobile or other such vehicle operated by the state or a
12political subdivision and used for informing, educating, organizing, or transporting children, is
13not a paid employee of, or a volunteer for, a nonprofit or religious organization which provides
14activities for children, and is not an employee or agent of or a volunteer acting under the
15direction of any board of education or (ii) the person is a person listed in subdivision (c)(2)(i) of
16this section but, at the time the person undertakes the activity, he or she is not acting within the
17scope of his or her lawful duties in that capacity.
18 (3) It is an affirmative defense to a charge under this subsection (c) that the person
19undertook the activity in response to a bona fide emergency situation or that the person
20undertook the activity in response to a reasonable belief that it was necessary to preserve the
21health, safety, or welfare of the child.
22 (4) Any person who violates this subsection (c) shall be punished by imprisonment in the
23state prison for not more than 5 years, or in the house of correction for not more than 2 1/2 years,
24or by both imprisonment and a fine of not more than $5,000