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| 2 | 2 | | SENATE DOCKET, NO. 584 FILED ON: 1/14/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1104 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Dylan A. Fernandes |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act supporting consenting young adults. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Dylan A. FernandesPlymouth and Barnstable 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 584 FILED ON: 1/14/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1104 |
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| 18 | 18 | | By Mr. Fernandes, a petition (accompanied by bill, Senate, No. 1104) of Dylan A. Fernandes |
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| 19 | 19 | | relative to the penalties for violations of age of consent laws for young adults. The Judiciary. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE HOUSE, NO. 1617 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act supporting consenting young adults. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Section 13B of chapter 265 of the General Laws, as appearing in the 2020 |
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| 31 | 31 | | 2Official Edition, is hereby amended by inserting after the word “prosecuted” the following |
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| 32 | 32 | | 3words:- unless the defendant is not more than 2 years older than the minor and the minor has |
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| 33 | 33 | | 4attained the age of 13 years. |
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| 34 | 34 | | 5 Notwithstanding the provisions of section 54 of chapter 119 or any other general or |
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| 35 | 35 | | 6special law to the contrary, in a prosecution under this section in which the defendant is under |
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| 36 | 36 | | 7the age of criminal majority at the time of the offense, the commonwealth shall only proceed by |
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| 37 | 37 | | 8complaint in juvenile court or in a juvenile session of a district court. |
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| 38 | 38 | | 9 SECTION 2. Said chapter 265, as so appearing, is hereby further amended by striking out |
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| 39 | 39 | | 10section 23 and inserting in place thereof the following:- 2 of 2 |
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| 40 | 40 | | 11 Section 23. Whoever has sexual intercourse or unnatural sexual intercourse with a minor |
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| 41 | 41 | | 12under 16 years of age, unless the defendant is not more than 2 years older than the minor and the |
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| 42 | 42 | | 13minor has attained the age of 13 years, shall be punished by imprisonment in the state prison for |
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| 43 | 43 | | 14life or for any term of years or, except as otherwise provided, for any term in a jail or house of |
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| 44 | 44 | | 15correction. A prosecution commenced under this section shall not be placed on file or continued |
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| 45 | 45 | | 16without a finding. |
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| 46 | 46 | | 17 Notwithstanding the provisions of section 54 of chapter 119 or any other general or |
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| 47 | 47 | | 18special law to the contrary, in a prosecution under this section in which the defendant is under |
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| 48 | 48 | | 19the age of criminal majority at the time of the offense, the commonwealth shall only proceed by |
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| 49 | 49 | | 20complaint in juvenile court or in a juvenile session of a district court. |
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| 50 | 50 | | 21 SECTION 3. Section 4 of chapter 272 of the General Laws is hereby repealed. |
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