Massachusetts Statutes

§ 23A — Rape and abuse of child aggravated by age difference between defendant and victim or by when committed by mandated reporters; penalties

Massachusetts·Part IV CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES·Title I CRIMES AND PUNISHMENTS·Ch. 265 CRIMES AGAINST THE PERSON

Section 23A. Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age and:

(a)there exists more than a 5 year age difference between the defendant and the victim and the victim is under 12 years of age;
(b)there exists more than a 10 year age difference between the defendant and the victim where the victim is between the age of 12 and 16 years of age; or(c) at the time of such intercourse, was a mandated reporter as defined in section 21 of chapter 119, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 10 years. The sentence imposed on such person shall not be reduced to less than 10 years, or suspended, nor shall any person convicted under this section be eligible for probat

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