By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 12, 2022
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All states have laws prohibiting forced or coerced sexual conduct, but most states also have restrictions against certain types of consensual sexual activities. Some of the laws on the books are not enforced or have been declared unconstitutional. Examples of such laws are sodomy laws, which historically have been used to target same-sex partners.
Review the following table to learn more about Massachusetts' prohibited consensual sexual activity laws, and see FindLaw's Sex Crimes section for related information.
Sodomy Laws Applicable |
Massachusetts General Laws chapter 272, section 34 outlaws sodomy with a beast as a crime against nature. The U.S. Supreme Court has ruled unconstitutional any sodomy prohibition designed to criminalize sexual activity between same-sex partners, while prohibitions on bestiality are still enforceable. |
Penalty for Sodomy |
For bestiality, an offender faces up to 20 years in prison. |
Other Crimes Relating to Consensual Sex Acts |
The following types of sexual activities are prohibited under chapter 272 of the Massachusetts General Laws:
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| Age of Consent | Under most circumstances, the age of consent in Massachusetts is 16.Under section 23 of chapter 272 of the Massachusetts General Laws, rape of a child is punishable by up to life in prison.For more information about statutory rape, consider reviewing FindLaw's page on the issue. |
| Prostitution | Under section 8 of chapter 272 of the Massachusetts General Laws, it is a crime to solicit prostitutes or receive compensation for soliciting prostitutes (pimping). Offenders face imprisonment for up to 2.5 years and/or a fine of between $1,000 and $5,000. |
| Incestuous Marriages or Sexual Activities | Under section 17 of chapter 272 of the Massachusetts General Laws, it is a crime to engage in incestuous marriages or sexual activities. Offenders face up to 20 years in the state prison or up to 21.5 years in the house of correction. |
Consider reviewing the following resources for more information about all laws in Massachusetts, including those related to sexual activity:
Considering reviewing the following resources for more information about laws and legal issues related to sexual activity, as well:
If you have been arrested or are being investigated for a sex crime, you may consider speaking with an experienced Massachusetts criminal defense attorney. Defendants who cannot afford to hire an attorney are entitled to representation by an attorney at criminal proceedings. You may contact the local public defender's office.
Contact a qualified attorney.
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