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SENATE DOCKET, NO. 538 FILED ON: 1/13/2025
SENATE . . . . . . . . . . . . . . No. 1150
The Commonwealth of Massachusetts
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PRESENTED BY:
Jason M. Lewis
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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 providing protection from child enticement.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Jason M. LewisFifth Middlesex 1 of 2
SENATE DOCKET, NO. 538 FILED ON: 1/13/2025
SENATE . . . . . . . . . . . . . . No. 1150
By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1150) of Jason M. Lewis for
legislation to provide protection from child enticement. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1030 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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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 26C of chapter 265 of the General Laws, as amended by Chapter 267 of the Acts
2of 2016, is hereby amended by inserting after the existing 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
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 2 of 2
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.