Massachusetts Prohibited Consensual Sexual Activity Laws

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:

  • Section 16Lewd and lascivious behavior
    • Up to three years in state prison
    • Up to two years in jail
    • A fine of up to $100
  • Section 26Resorting to restaurants or taverns for immoral purposes
    • This section of the statute refers to patronizing houses of prostitution
    • Offenses carry a punishment of a $500 fine and imprisonment for up to one year
  • Section 29Dissemination or possession of obscene material
    • Offenders face imprisonment for up to five years and a fine of up to $10,000
  • Section 35Unnatural and lascivious acts
    • Offenders face up to five years in prison and a fine of up to $1,000
  • Section 53Indecent exposure
    • A conviction will result in a fine of up to $200 and imprisonment for up to six months

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.

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