Indecent Assault and Battery — G.L. c. 265, § 13H

The statute: Indecent assault and battery is the intentional, unjustified touching of another person’s private parts — the genitalia, buttocks, anus, groin, or female breasts — in a manner that is fundamentally offensive to contemporary moral standards.

What the Commonwealth must prove:

  1. The defendant committed an assault and battery on the alleged victim — an intentional touching, however slight.
  2. The touching was “indecent” — it involved one of the intimate parts of the body and was fundamentally offensive to contemporary standards of decency.
  3. The touching was without the alleged victim’s consent.
  4. The touching was not legally justified or excused.

Penalties: State prison for not more than 5 years, or a house of correction for not more than 2½ years; where the victim is an elder or a person with a disability, state prison for not more than 10 years, and a subsequent offense against such a victim carries up to 20 years in state prison. A conviction requires sex offender registration with SORB and can result in loss of professional licenses and deportation for non-citizens.

In plain English: This charge covers unwanted sexual touching of an adult’s intimate body parts — groping, for example — as opposed to intercourse. It is a felony even though no penetration is involved, and it carries up to 5 years in state prison plus sex offender registration (more where the victim is an elder or a person with a disability).

How these cases are defended:

  • Consent and context — whether the touching occurred as described and whether it was welcome.
  • Challenging whether the touching, if it occurred, meets the legal definition of “indecent.”
  • Accident or incidental contact — lack of the required intentional, sexual touching.
  • Identification challenges in crowded-setting allegations (bars, transit, workplaces).
  • Impeachment through prior inconsistent statements and motive evidence.

Note: this entry covers victims age 14 and older; indecent assault and battery on a child under 14 is charged under c. 265, § 13B.

This page is general information about Massachusetts law, not legal advice about any specific case. If you are charged with a crime, contact Davis Law Firm, P.C., 132 Lincoln Street, Suite 5L, Boston, MA 02111, (617) 297-4837.