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Chad Van Cleave
Chad Van Cleave, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 16
Experience:  Representation of federal criminal defendants on trial and appellate levels.
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Where can I find the laws on statutory rape on 16 ...

Customer Question

Where can I find the laws on statutory rape on 16 yr/old, who is now nearing 18th birthday who has run away from home to be with the offender? This child is living in MA. Offender is 5 yrs older than her.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Chad Van Cleave replied 6 years ago.

Here is the citation to the section of Mass Law that deals with the subject:

 

Mass. Gen. Laws ch. 265, § 23

 

Here is the text of the section:

 

PART IV CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
TITLE I CRIMES AND PUNISHMENTS
Chapter 265 Crimes Against the Person



GO TO MASSACHUSETTS CODE ARCHIVE DIRECTORY
ALM GL ch. 265, § 23 (2008)


§ 23. Rape of Child.

Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under sixteen years of age shall, for the first offense, be punished by imprisonment in the state prison for life or for any term of years, or, except as otherwise provided, for any term in a jail or house of correction, and for the second or subsequent offense by imprisonment in the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.

HISTORY: CL 15, § 17; 1697, 18; 1784, 68; 1805, 97, § 1; 1836, 125, § 18; 1852, 259, § 2; 1860, 160, § 26; 1871, 55; 1882, 202, § 27; 1886, 305; 1888, 391; 1893, 466, § 2; 1902, 207, § 23; 1966, 291; 1974, 474, § 3; 1998, 194, § 238.

Chad Van Cleave, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 16
Experience: Representation of federal criminal defendants on trial and appellate levels.
Chad Van Cleave and 10 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Would have liked to know if it is too late to have him charged now.
Expert:  Chad Van Cleave replied 6 years ago.

Here's the answer to your question:

 

Assuming his conduct violated the statute in the first place, it is not too late form him to be charged now. The statute that establishes the "statute of limitations" for this crime is found below. The reference to the statutory rape statue is in the list as "23" wiich refers to the statute I sent you in the first response.

 

Let me know if I can do anything else!

 

PART IV CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
TITLE II PROCEEDINGS IN CRIMINAL CASES
Chapter 277 Indictments and Proceedings Before Trial
LIMITATION OF CRIMINAL PROSECUTIONS



GO TO MASSACHUSETTS CODE ARCHIVE DIRECTORY
ALM GL ch. 277, § 63 (2008)


§ 63. Limitation of Criminal Prosecutions.

An indictment for murder may be found at any time after the death of the person alleged to have been murdered. An indictment or complaint for an offense set forth in section 13B, 13F, 13L, 22A, 23 or 24B of chapter 265, for conspiracy to commit any of these offenses, as an accessory thereto, or any 1 or more of them may be found and filed at any time after the date of the commission of such offense; but any indictment or complaint found and filed more than 27 years after the date of commission of such offense shall be supported by independent evidence that corroborates the victim's allegation. Such independent evidence shall be admissible during trial and shall not consist exclusively of the opinions of mental health professionals. An indictment for an offense set forth in sections 22 and 24 of chapter 265, or for conspiracy to commit either of these offenses or as an accessory thereto or any 1 or more of them may be found and filed within 15 years of the date of commission of such offense. An indictment for an offense set forth in sections 17, 18, 19 and 21 of said chapter 265 or section 17 of chapter 272, for conspiracy to commit any such crime, as an accessory thereto, or any 1 or more of them may be found and filed within 10 years after the date of commission of such offense. An indictment for any other crime shall be found and filed within 6 years after such crime has been committed. Any period during which the defendant is not usually and publicly a resident within the commonwealth shall be excluded in determining the time limited.

Notwithstanding the first paragraph, if a victim of a crime set forth in section 13B, 13F, 13H, 22, 22A, 23, 24B, or 26A of chapter 265, or section 1, 2, 3, 4, 4A, 4B, 5, 6, 7, 8, 12, 13, 17, 26, 28, 29A, 29B, 33, 34, 35 or 35A of chapter 272 is under the age of 16 at the time the crime is committed, the period of limitation for prosecution shall not commence until the victim has reached the age of 16 or the violation is reported to a law enforcement agency, whichever occurs earlier.

HISTORY: RS 1836, 136, § 16; GS 1860, 171, § 20; PS 1882, 213, § 25; RL 1902, 218, § 52; 1955, 781, § 1; 1985, 123; 1987, 489; 1996, 26; 2006, 303, § 9.

NOTES:
Editorial Note

The 1955 amendment inserted the second sentence of the first paragraph.

The 1985 amendment added, to the second sentence of the first paragraph, reference to sections twenty-two A, twenty-three, twenty-four, twenty-four B, and section seventeen of chapter two hundred and seventy-two.

The 1987 amendment, in the first sentence of the first paragraph, following "found at", substituted "anytime" for "any time", in the second sentence, following "indictment for", substituted "a crime" for "the crime or crimes", following "nineteen", substituted a comma for "and", following "twenty-one,", inserted "twenty-two,", and, following "such crime" and "said crime", deleted "or crimes", and added the second paragraph, relating to the limitations period applicable to certain crimes whose victims were under sixteen years of age.

The 1996 amendment substituted the first paragraph for one which read: "An indictment for murder may be found at anytime after the death of the person alleged to have been murdered. An indictment for a crime set forth in sections seventeen, eighteen, nineteen, twenty-one, twenty-two, twenty-two A, twenty-three, twenty-four and twenty-four B of chapter two hundred and sixty-five or section seventeen of chapter two hundred and seventy-two, or for conspiracy to commit such crime, or as accessory thereto, or any one or more of them may be found and filed within ten years of the date of commission of said crime. An indictment for any other crime shall be found and filed within six years after such crime has been committed; but any period during which the defendant is not usually and publicly a resident within the commonwealth shall be excluded in determining the time limited."

The 2006 amendment, effective Dec 20, 2006, rewrote the section.

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