Massachusetts Prohibited Consensual Sexual Activity Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed May 22, 2025
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Most people know that Massachusetts law criminalizes rape, sexual assault, and statutory rape. However, it's less known that Massachusetts, along with most other states, has laws governing consensual sex acts as well.
The State of Massachusetts doesn’t enforce many of these laws, and lawmakers have deemed others unconstitutional. For example, there are still anti-sodomy laws in Massachusetts, but the courts no longer enforce them.
This article will examine some of the sexual acts that Massachusetts law prohibits. It'll also describe the penalties and defenses for these sex crimes. If you’re facing criminal charges for any offense involving consensual sexual contact, reach out to a skilled criminal defense attorney.
Massachusetts Statutory Rape Laws
One of the more common consensual sexual activity laws in Massachusetts has to do with statutory rape. Different states refer to this crime in varying ways. Massachusetts law refers to sex with a minor as sexual abuse of an underage child.
Unlike many other states, Massachusetts doesn’t have close-in-age exemptions, which most lawmakers call a Romeo and Juliet law. Regardless of how close in age the defendant and victim are, the state can still pursue statutory rape charges against the older party. The justification for strict statutory rape laws is that someone 16-years-old or younger cannot possibly consent to the sexual conduct.
In the Commonwealth of Massachusetts, charges of statutory rape apply in the following situations:
- Having sexual intercourse (or unnatural sexual intercourse) with someone under the age of 12 where there's at least a five-year age gap
- Engaging in a sexual relationship with someone between the ages of 12 and 16 when there is an age difference of at least ten years
Mandatory reporters who have sex with their charge will face criminal charges. The age of the victim will impact the level of charges.
The penalties for statutory rape include a mandatory minimum sentence of ten years and a possible maximum sentence of life in prison. Offenders will have a conviction on your criminal record and have to register as a sex offender.
Laws Related to Sexual Activity in Missouri
The following table highlights Massachusetts' prohibited consensual sexual activity laws. You can also find more information in FindLaw's Sex Crimes section.
Applicable Massachusetts Sodomy Laws |
Massachusetts General Laws chapter 272, section 34 makes sodomy with a beast a crime against nature. In Lawrence v. Texas, the U.S. Supreme Court ruled that anti-sodomy laws are unconstitutional as they criminalize sexual activity between same-sex partners. Prohibitions on bestiality are still enforceable. |
|---|---|
Massachusetts Penalty for Sodomy With an Animal |
For bestiality, an offender faces up to 20 years in prison. |
Other Crimes Relating to Consensual Sex Acts in Massachusetts |
Chapter 272 of the Massachusetts General Laws prohibits the following types of sexual activities:
|
Massachusetts Age of Consent |
Under Massachusetts law, the legal age of consent is 16 years of age. Rape of a child is punishable by up to life in prison. |
Massachusetts Prostitution Laws |
Those soliciting prostitutes or receiving compensation for soliciting prostitutes face imprisonment for up to 2.5 years and a fine of between $1,000 and $5,000. |
Massachusetts Incestuous Marriages or Sexual Activities Laws |
Those engaging in incestuous marriages or sexual activities face up to 20 years in state prison or up to 21.5 years in a house of corrections. |
Massachusetts Sex Offender Registry |
If the state finds a defendant guilty of a sex offense, they must register as a sex offender. |
Related Resources for Prohibited Consensual Sexual Activity Laws:
Use the following resources for research about laws and legal issues related to sexual activity:
Need More Help? Speak With a Legal Professional
If a member of law enforcement arrests you and charges you with a sex crime in Massachusetts, contact an experienced Massachusetts criminal defense attorney. The state must prove beyond a reasonable doubt that you engaged in an unlawful sexual encounter. Your attorney will defend you against their case and possibly negotiate a favorable plea deal with the prosecutor.
Defendants who cannot afford to hire a criminal defense lawyer are entitled to representation by an attorney at criminal proceedings. You may contact the local public defender's office.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex cases usually require a lawyer
- Experienced lawyers can seek to reduce or eliminate criminal penalties
- Sexual assaults & sex crime convictions often have long sentences and lifelong consequences
Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.
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