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H1733 • 2025

An Act relative to the age of consent in certain criminal prosecutions and civil actions for sexual assault and rape of a child

An Act relative to the age of consent in certain criminal prosecutions and civil actions for sexual assault and rape of a child

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Sponsor
Kenneth I. Gordon
Last action
2025-10-20
Official status
Hearing scheduled for 06/17/2025 from 01:00 PM-05:00 PM in A-2
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

An Act relative to the age of consent in certain criminal prosecutions and civil actions for sexual assault and rape of a child

An Act relative to the age of consent in certain criminal prosecutions and civil actions for sexual assault and rape of a child By Representative Gordon of Bedford, a petition (accompanied by bill, House, No.

What This Bill Does

  • An Act relative to the age of consent in certain criminal prosecutions and civil actions for sexual assault and rape of a child By Representative Gordon of Bedford, a petition (accompanied by bill, House, No.
  • 1733) of Kenneth I.
  • Gordon and Natalie M.
  • Blais relative to the age of consent in certain criminal prosecutions and civil actions for sexual assault and rape of a child.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2025-10-20 Joint

    Hearing scheduled for 06/17/2025 from 01:00 PM-05:00 PM in A-2

  2. 2025-09-25 House

    Accompanied a new draft, see H4538

  3. 2025-06-11 Joint

    Hearing scheduled for 06/17/2025 from 01:00 PM-05:00 PM in A-2

  4. 2025-02-27 House

    Referred to the committee on The Judiciary

  5. 2025-02-27 Senate

    Senate concurred

Official Summary Text

An Act relative to the age of consent in certain criminal prosecutions and civil actions for sexual assault and rape of a child
By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1733) of Kenneth I. Gordon and Natalie M. Blais relative to the age of consent in certain criminal prosecutions and civil actions for sexual assault and rape of a child. The Judiciary.

Current Bill Text

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Bill H.1733

Section 1. Chapter 268 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 21A the following paragraphs:-

Section 21B. Any person who is employed by or contracts with any public or private school, or the department of youth services, the department of children and families, the department of mental health, the department of developmental services, or any private institution providing services to clients of such departments, and who, in the course of such employment or contract or as a result thereof, engages in sexual abuse of a person under the age of 19, or under the age of 22 under Chapter 71B, who has not received a high school diploma, a general educational development certificate, or an equivalent document and who is served by such school, department or institution, within or outside of such school, department or institution, shall be punished by imprisonment for not more than five years in a state prison or by a fine of $10,000 or both. In a prosecution commenced under this section, an individual served by such school, department or institution shall be deemed incapable of consent to sexual relations with such person. For purposes of this section, sexual relations shall be defined as that term is used of chapter 260, section 4C.

Any person who is employed or contracted by an institution of higher learning, and who, in the course of such employment or as a result thereof, engages in sexual abuse of a person who is 19 years of age or under who has not received a high school diploma, a general educational development certificate, or an equivalent document and who is enrolled in or attending the college or university at which the person is employed, shall be punished by imprisonment for not more than five years in a state prison or by a fine of $10,000 or both. In a prosecution commenced under this section, an individual served by such institution shall be deemed incapable of consent to sexual relations with such person. For purposes of this section, sexual relations shall be defined as that term is used of chapter 260, section 4C.

Section 21C. Any person who is sexually abused by an employee or contractor with any public or private school, or the department of youth services, the department of children and families, the department of mental health, the department of developmental services, or any private institution providing services to clients of such departments, and who, in the course of such employment or contract or as a result thereof, engages in sexual abuse of a person under the age of 19, or under the age of 22 under Chapter 71B, who has not received a high school diploma, a general educational development certificate, or an equivalent document and who is served by such school, department or institution, within or outside of such school, department or institution, shall have a cause of action against such an employee or contractor, under chapter 260, section 4C. In a civil action commenced under said section, a person served by such school, department or institution shall be deemed incapable of consent to sexual relations with such an employee or contractor.

Any person who is employed or contracted by a college or university, and who, in the course of such employment or as a result thereof, engages in sexual abuse of a person who is 19 years of age or under who has not received a high school diploma, a general educational development certificate or an equivalent document and who is enrolled in or attending the college or university at which the person is employed, shall have a cause of action against such an employee or contractor, under chapter 260, section 4C.

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