ANSWERS: 2
  • It says: Chapter 272: Section 35A. Unnatural and lascivious acts with child under 16 Section 35A. Whoever commits any unnatural and lascivious act with a child under the age of sixteen shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years, and whoever over the age of eighteen commits a second or subsequent such offence shall be sentenced to imprisonment in the state prison for a term of not less than five years. But it then goes on to say: Chapter 272: Section 36. Blasphemy Section 36. Whoever wilfully blasphemes the holy name of God by denying, cursing or contumeliously reproaching God, his creation, government or final judging of the world, or by cursing or contumeliously reproaching Jesus Christ or the Holy Ghost, or by cursing or contumeliously reproaching or exposing to contempt and ridicule, the holy word of God contained in the holy scriptures shall be punished by imprisonment in jail for not more than one year or by a fine of not more than three hundred dollars, and may also be bound to good behavior. So I HIGHLY doubt the accuracy of the mass.gov website. Back to research....
  • I found this answer at The Forum for Massachusetts Law (http://www.malawforum.com): In Massachusetts it is illegal to have sexual intercourse with a child who has not yet reached his or her sixteenth birthday (Massachusetts General Laws, Chapter 265, Section 23). The law defines intercourse broadly (assume that penetration by either party of any orifice by any body part is covered). Consent of the minor or ignorance of his or her age is not a defense. Moreover, the person accused of this crime may be prosecuted even when the victim does not want to prosecute and refuses to cooperate. If convicted, the accused may be imprisoned "for life or any term of years." If both parties are under sixteen then, technically, both parties have committed a crime. However, when presented with such cases, prosecutors tend to exercise their prosecutorial discretion and decline to prosecute either party. Interestingly, it is also illegal in Massachusetts to "induce any person under 18 years of age of chaste life to have unlawful sexual intercourse" (Massachusetts General Laws, Chapter 272, Section 4). However, this Section is almost never prosecuted, perhaps because of the difficulty of establishing the element of the victim's "chaste" life.

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