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SENATE DOCKET, NO. 1367 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1163
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Joan B. Lovely
_________________
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 relative to sexual assaults by adults in positions of authority or trust.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Joan B. LovelySecond EssexMark C. MontignySecond Bristol and Plymouth1/31/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/20/2025Adam GomezHampden2/24/2025Susannah M. Whipps2nd Franklin3/5/2025 1 of 5
SENATE DOCKET, NO. 1367 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1163
By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1163) of Joan B. Lovely, Mark C.
Montigny, Joanne M. Comerford, Adam Gomez and others for legislation relative to sexual
assaults by adults in positions of authority or trust. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1036 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to sexual assaults by adults in positions of authority or trust.
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. Chapter 265 of the General Laws is hereby amended by inserting after
2section 13B the following section:-
3 Section 13B1/4. (a) As used in this section, “position of trust, authority or supervision
4over a child” shall include a teacher, substitute teacher, coach, tutor, special educator,
5paraprofessional, mentor or other person providing instruction or educational services to a child
6or children, whether such person is compensated, acting as a volunteer, or employed or
7contracted in any capacity in private or public schools; or a person who is an instructor, tutor or
8coach of any athletic, artistic, or academic club, team, institution or organization, or an
9individual tutor or coach; or a parent, stepparent, adoptive parent, legal guardian, foster parent,
10or any person with custodial authority or supervision of a child or children; or a babysitter, child 2 of 5
11care provider, or child care aide, whether such person is compensated or acting as a volunteer; or
12any other person who because of that person’s familial relationship, profession, employment,
13vocation, avocation or volunteer service has regular direct contact with a child or children.
14 (b) Whoever commits an indecent assault and battery on a child who has attained the age
15of 14 and is under the age of 18, and who is a mandated reporter as defined in section 21 of
16chapter 119, or who is in a position of trust, authority or supervision over a child as defined in
17this section and who commits the indecent assault and battery in the course of acting in that
18position or at any time thereafter, shall be punished by imprisonment in the state prison for not
19more than 10 years, or by imprisonment in the house of corrections for not more than 2 ½ years.
20Prosecutions commenced under this section shall neither be continued without a finding nor
21placed on file.
22 (c) Whoever commits an indecent assault and battery on a child who is under the age of
2314, and who is a mandated reporter as defined in section 21 of chapter 119, or who is in a
24position of trust, authority or supervision over a child as defined in this section, and who
25commits the indecent assault and battery in the course of acting in that position or at any time
26thereafter, shall be punished by imprisonment in the state prison for life or for any term of years,
27but not less than 10 years. The sentence imposed on such person shall not be reduced to less than
2810 years, or suspended, nor shall any person convicted under this section be eligible for
29probation, parole, work release, or furlough or receive any deduction from his or her sentence for
30good conduct until he or she shall have served 10 years of such sentence. Prosecutions
31commenced under this section shall neither be continued without a finding nor placed on file. 3 of 5
32 In a prosecution under this section, a child under the age of 18 shall be deemed incapable
33of consenting to any conduct of the defendant for which such defendant is being prosecuted.
34 It shall not be a defense to a prosecution under this section that the position of trust,
35authority or supervision over a child has ended, if the child is under the age of 18 at the time of
36the offense.
37 SECTION 2. Section 13B1/2 of said chapter 265 is hereby amended by striking out
38subsection (b).
39 SECTION 3. Section 23A of said chapter 265 is hereby amended by striking out
40subsection (c).
41 SECTION 4. Said chapter 265 is hereby further amended by inserting after section 23A
42the following section:-
43 Section 23A1/2. (a) Whoever unlawfully has sexual intercourse or unnatural sexual
44intercourse with and abuses a child who has attained the age of 16 and is under the age of 18, and
45who is a mandated reporter as defined in section 21 of chapter 119, or who is in a position of
46trust, authority or supervision over a child as defined in section 13B1/4 of chapter 265, and who
47commits such conduct in the course of acting in that position or at any time thereafter, shall be
48punished by imprisonment in the state prison for life or for any terms of years or, except as
49otherwise provided, for any term in a jail or house of correction. A prosecution commenced
50under this section shall neither be continued without a finding nor placed on file.
51 (b) Whoever unlawfully has sexual intercourse or unnatural sexual intercourse with and
52abuses a child who is under the age of 16, and who is a mandated reported as defined in section 4 of 5
5321 of chapter 119, or who is in a position of trust, authority or supervision over a child as defined
54in section 13B1/4 of chapter 265, and who commits such conduct in the course of acting in that
55position or at any time thereafter, shall be punished by imprisonment in the state prison for life or
56for any terms of years, but not less than 10 years. The sentence imposed on such person shall not
57be reduced to less than 10 years, or suspended, nor shall any person convicted under this section
58be eligible for probation, parole, work release, or furlough or receive any deduction from his or
59her sentence for good conduct until he or she shall have served 10 years of such sentence.
60Prosecutions commenced under this section shall neither be continued without a finding nor
61placed on file.
62 In a prosecution under this section, a child under the age of 18 shall be deemed incapable
63of consenting to any conduct of the defendant for which such defendant is being prosecuted.
64 It shall not be a defense to a prosecution under this section that the position of trust,
65authority or supervision over a child has ended, if the child is under the age of 18 at the time of
66the offense.
67 SECTION 5. Section 63 of chapter 277 of the General Laws, as appearing in the 2018
68Official Edition, is hereby amended by inserting after “13B,”, in line 2, the following:-
69“13B1/4,”.
70 SECTION 6. Said section 63 of chapter 277 is hereby further amended by inserting after
71“23A,”, in line 3, the following:- “23A1/2,”.
72 SECTION 7. Said section 63 of chapter 277 is hereby further amended by inserting after
73“13B,”, in line 16, the following:- “13B1/4,”. 5 of 5
74 SECTION 8. Said section 63 of chapter 277 is hereby further amended by inserting after
75“23A,”, in line 16, the following:- “23A1/2,”.