Sex Crimes

Criminal Offenses classified as "Sex Crimes" in Massachusetts must be handled very carefully by an experienced criminal defense attorney. The consequences of a conviction for one of these offenses not only carries the statutory penalties and jail time, but it also requires the offender to register with the Sex Offender Registry Board (SORB). This could have the potential to ruin your future. It is important for your attorney to explore all possible defense strategies, such as arguing that the contact was consensual, you were misidentified as the perpetrator, the contact was inadvertent, or the alleged victim made a false report. A skilled criminal defense attorney may also be able to work out an agreement with the prosecution to have the charge amended down to a lesser included offense that is not a "sex crime." This will prevent the stigma and consequences associated with a sex crime conviction & registration with SORB.

As a Boston Criminal Defense Attorney, one of the most important collateral consequences of any criminal conviction arises when my client is charged with a sex offense. It is important to understand that a judge, and SORB, may require an offender to register even WHEN NOT CONVICTED, if the person has been placed on supervised probation resulting from a CWOF. Unfortunately, I have come across attorneys who were unaware that avoiding a conviction, in and of itself, is not enough to guarantee that the client will avoid registration with SORB, until it is too late. I have worked out deals short of trial for clients who were facing state prison time that have not only placed my client on probation, but also avoided a felony conviction AND registration with SORB. Each sex offense charge has different factual and legal considerations and must be handled with extreme care. Contact my office for a free initial phone consultation.

Assault with Intent to Rape carries up to 20 years in state prison. A subsequent conviction for this offense carries up to life in prison.

Assault with Intent to Rape while Armed with a Firearm carries a minimum mandatory of 5 years in state prison, up to life in prison. A subsequent conviction for this offense carries a mandatory minimum of 20 years in state prison.

Assault w/ Intent to Rape a Child Under 16 carries up to life in prison. A defendant 18 or older who commits a subsequent offense faces a minimum mandatory of 5 years in state prison.

Assault with Intent to Rape a Child Under 16 while Armed with a Firearm carries a minimum mandatory of 10 years in state prison, up to life in prison. A subsequent conviction for this offense carries a mandatory minimum of 15 years in state prison.

Disseminating Harmful Matter to a Minor carries up to 5 years in state prison and $10,000 fine.

Dissemination of Child Pornography carries up to 20 years in state prison.

Drugging a Person for Purposes of Sexual Intercourse is punishable by up to life in state prison, with a minimum mandatory sentence of 10 years in prison.

Earning Money through the Prostitution of a Minor (Pimping a Minor) carries a mandatory minimum state prison sentence of 5 years and $5,000 fine.

Earning Money through Prostitution of an Adult (Pimp) carries a 5 year state prison sentence (does not require registration with SORB).

Exhibiting or Posing a Child in State of Nudity is punishable by up to 20 years in state prison.

Incest is punishable by up to 20 years in state prison.

Indecent Assault and Battery on a Person 14 or Older is punishable by up to 5 years in state prison.

Indecent Assault and Battery on an Elder (60 years +) or Person with a Disability is punishable by up to 10 years in state prison and cannot be Continued Without a Finding. A subsequent offense is punishable by up to 20 years in state prison.

Indecent Assault and Battery on a Child Under 14 is punishable by up to 10 years in state prison and cannot be Continued Without a Finding. A person under the age of 14 is deemed incapable of consent for purposes of this statute.

Indecent Assault and Battery on a Child Under 14 during the commission of certain felonies* or by mandated reporter** carries up to life in state prison, with a minimum mandatory of 10 years in state prison.

* Felonies included in this section are armed burglary, unarmed burglary, breaking and entering, entering without breaking, breaking and entering into a dwelling house, kidnapping, armed robbery, unarmed robbery, assault and battery with a dangerous weapon or assault with a dangerous weapon, home invasion, or posing or exhibiting child in state of nudity or sexual conduct.

** Mandated Reporter is defined by M.G.L. c. 199 s. 21.

Indecent Assault and Battery on a Mentally Retarded Person is punishable by up to 10 years in state prison, with a minimum mandatory of 5 years in state prison. A subsequent offense carries a minimum mandatory of 10 years in state prison.

* This statute does not apply if both the perpetrator and the victim are mentally retarded.

Inducing a Person into Prostitution carries up to 3 years in state prison and $1,000 fine.

Inducing a Minor into Prostitution carries a mandatory minimum state prison sentence of 3 years, up to five years in prison, and a $5,000 fine.

Kidnapping carries up to ten years in state prison.

Kidnapping of a Child Under 16 carries up to 15 years in state prison.

Kidnapping w/ Intent to Extort Money or Other Property carries up to life in state prison.

Kidnapping While Armed w/ Dangerous Weapon and Resulting in Serious Bodily Injury carries a minimum mandatory of 25 years in state prison.

Kidnapping while also Committing Sexual Assault carries a minimum mandatory of 25 years in state prison.

Open and Gross Lewd and Lascivious Behavior is punishable by up to 3 years in state prison. (Only a subsequent conviction for this offense requires the offender to register with SORB).

Prostitution carries up to one year in jail and $500 fine. (Does not require registration with SORB).

Possession of Child Pornography carries up to 5 years in state prison.

Rape is punishable in state prison up to 20 years.

Rape resulting in serious bodily injury (Aggravated Rape) is punishable by up to life in prison.

Rape while armed with a firearm carries a minimum mandatory of 10 years in state prison.

Soliciting a Prostitute carries up to one year in jail and $500 fine. (Does not require registration with SORB).

Statutory Rape, or having sexual intercourse with a person under 16, is punishable by up any term of years, up to life in prison.

Statutory Rape Aggravated by Age Difference of Defendant and Victim (Defendant more than 5 years older than Victim who is under 12, or Defendant more than 10 years older than Victim who is under 16) carries a minimum mandatory of 10 years in state prison, up to life in prison.

Statutory Rape by a Mandated Reporter carries a minimum mandatory of 10 years in state prison, up to life in prison.

Statutory Rape by Force is punishable by up to life in prison.

Statutory Rape by Force, where the sexual intercourse also:

1. Occurs during the commission, or attempted commission of certain felonies; or
2. Results in substantial bodily injury; or
3. Occurs while victim is tied, bound, or gagged; or
4. Is committed after the defendant administered, or caused to be administered, alcohol or a controlled substance by injection, inhalation, ingestion, or any other means to the victim without the victim’s consent; or
5. Is committed by joint enterprise; or
6. Was committed in a manner in which the victim could contract a sexually transmitted disease or infection of which the defendant knew or should have known he was a carrier

carries a mandatory minimum of 15 years in state prison up to life in prison.

Statutory Rape by a Previously Convicted Sex Offender carries a minimum mandatory of 15 years in state prison, up to life in prison.

Statutory Rape by Force & by a Previously Convicted Sex Offender carries a minimum mandatory of 20 years in state prison, up to life in prison.

If you have been charged with a sex offense or any other crime in Massachusetts, contact my office for you free initial consultation:

(617) 830-2188