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2 | 2 | | SENATE DOCKET, NO. 538 FILED ON: 1/13/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1150 |
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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 | | Jason M. Lewis |
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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 providing protection from child enticement. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Jason M. LewisFifth Middlesex 1 of 2 |
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16 | 16 | | SENATE DOCKET, NO. 538 FILED ON: 1/13/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1150 |
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18 | 18 | | By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1150) of Jason M. Lewis for |
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19 | 19 | | legislation to provide protection from child enticement. The Judiciary. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 1030 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 providing protection from child enticement. |
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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 26C of chapter 265 of the General Laws, as amended by Chapter 267 of the Acts |
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31 | 31 | | 2of 2016, is hereby amended by inserting after the existing subsection (b), a new subsection (c) as |
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32 | 32 | | 3follows:- |
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33 | 33 | | 4 (c) No person, by any means and without privilege to do so, shall knowingly entice any |
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34 | 34 | | 5child under the age of 16, or someone he believes to be a child under the age of 16, to enter into |
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35 | 35 | | 6any vehicle, if: |
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36 | 36 | | 7 (1) The person does not have the express or implied permission of the parent, guardian, |
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37 | 37 | | 8or other legal custodian of the child in undertaking the activity; and |
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38 | 38 | | 9 (2) (i) The person is not a law enforcement officer, emergency services provider as |
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39 | 39 | | 10defined in section 71-507, firefighter, or other person who regularly provides emergency 2 of 2 |
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40 | 40 | | 11services, is not the operator of a bookmobile or other such vehicle operated by the state or a |
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41 | 41 | | 12political subdivision and used for informing, educating, organizing, or transporting children, is |
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42 | 42 | | 13not a paid employee of, or a volunteer for, a nonprofit or religious organization which provides |
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43 | 43 | | 14activities for children, and is not an employee or agent of or a volunteer acting under the |
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44 | 44 | | 15direction of any board of education or (ii) the person is a person listed in subdivision (c)(2)(i) of |
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45 | 45 | | 16this section but, at the time the person undertakes the activity, he or she is not acting within the |
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46 | 46 | | 17scope of his or her lawful duties in that capacity. |
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47 | 47 | | 18 (3) It is an affirmative defense to a charge under this subsection (c) that the person |
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48 | 48 | | 19undertook the activity in response to a bona fide emergency situation or that the person |
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49 | 49 | | 20undertook the activity in response to a reasonable belief that it was necessary to preserve the |
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50 | 50 | | 21health, safety, or welfare of the child. |
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51 | 51 | | 22 (4) Any person who violates this subsection (c) shall be punished by imprisonment in the |
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52 | 52 | | 23state prison for not more than 5 years, or in the house of correction for not more than 2 1/2 years, |
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53 | 53 | | 24or by both imprisonment and a fine of not more than $5,000. |
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