Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1150 Compare Versions

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22 SENATE DOCKET, NO. 538 FILED ON: 1/13/2025
33 SENATE . . . . . . . . . . . . . . No. 1150
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Jason M. Lewis
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act providing protection from child enticement.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Jason M. LewisFifth Middlesex 1 of 2
1616 SENATE DOCKET, NO. 538 FILED ON: 1/13/2025
1717 SENATE . . . . . . . . . . . . . . No. 1150
1818 By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1150) of Jason M. Lewis for
1919 legislation to provide protection from child enticement. The Judiciary.
2020 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2121 SEE SENATE, NO. 1030 OF 2023-2024.]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act providing protection from child enticement.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 Section 26C of chapter 265 of the General Laws, as amended by Chapter 267 of the Acts
3131 2of 2016, is hereby amended by inserting after the existing subsection (b), a new subsection (c) as
3232 3follows:-
3333 4 (c) No person, by any means and without privilege to do so, shall knowingly entice any
3434 5child under the age of 16, or someone he believes to be a child under the age of 16, to enter into
3535 6any vehicle, if:
3636 7 (1) The person does not have the express or implied permission of the parent, guardian,
3737 8or other legal custodian of the child in undertaking the activity; and
3838 9 (2) (i) The person is not a law enforcement officer, emergency services provider as
3939 10defined in section 71-507, firefighter, or other person who regularly provides emergency 2 of 2
4040 11services, is not the operator of a bookmobile or other such vehicle operated by the state or a
4141 12political subdivision and used for informing, educating, organizing, or transporting children, is
4242 13not a paid employee of, or a volunteer for, a nonprofit or religious organization which provides
4343 14activities for children, and is not an employee or agent of or a volunteer acting under the
4444 15direction of any board of education or (ii) the person is a person listed in subdivision (c)(2)(i) of
4545 16this section but, at the time the person undertakes the activity, he or she is not acting within the
4646 17scope of his or her lawful duties in that capacity.
4747 18 (3) It is an affirmative defense to a charge under this subsection (c) that the person
4848 19undertook the activity in response to a bona fide emergency situation or that the person
4949 20undertook the activity in response to a reasonable belief that it was necessary to preserve the
5050 21health, safety, or welfare of the child.
5151 22 (4) Any person who violates this subsection (c) shall be punished by imprisonment in the
5252 23state prison for not more than 5 years, or in the house of correction for not more than 2 1/2 years,
5353 24or by both imprisonment and a fine of not more than $5,000.