Crimes & Penalties
Rape (G.L. c. 265, §22)
The unlawful carnal knowledge of a woman by force and against her will by a man. The definition has been expanded to include the male on male rape, female on female rape, and female on male rape.
Penalties:
1st offense: imprisonment in the state prison for life or for any term of years. If the perpetrator compels the victim to submit with threat of bodily injury, punishment by imprisonment in the state prison for not more than 20 years. If the perpetrator uses a firearm to compel the victim to submit, punishment by imprisonment in state prison for life or any term of years, but not less than 10 years.
2nd offense: imprisonment in state prison for life or any term of years, but not less than 15 years. In general, 2nd offenses are punished not only by longer sentences, but by far less eligibility for furlough, temporary release, education, training or employment programs.
Statutory Rape (G.L. c. 265, §23)
A man or woman is guilty of statutory rape if he or she has natural or unnatural sexual intercourse with a child under the age of sixteen. Because a child under the age of sixteen is presumed to be incapable of consenting to sexual intercourse, proof of consent is no defense. It is no defense that the adult reasonably believed that the victim was sixteen years of age or older or that he made reasonable attempts to ascertain her age.
Penalties:
1st offense: imprisonment in the state prison for life or for any term of years or for any term in jail or house of correction.
2nd offense: imprisonment in the state prison for life or for any term of years, but not less than five years.
Indecent A & B on a Child Under Age of Fourteen (G.L. c. 265, 13B)
The offensiveness to contemporary moral values, insofar as the perpetrator touches a private area of the child, distinguishes this crime from routine assault & battery.
Penalties:
1st offense: imprisonment in the state prison for not more than ten years or by imprisonment in the house of corrections for not more than 2 1/2 years.
2nd + offense: imprisonment for life or any term of years.
Lewd & Lascivious Conduct
Any act which the actor knows or should know is likely to be observed by others who would be affronted or shocked by the conduct.
Penalties: imprisonment in a jail or house of correction for not more than six months or by a fine of not more than $200 or both.
Robbery (G.L. c. 265, §§17, 19)
The essence of "robbery" is the exertion of actual or constructive force against another with the intention of forcing that person to part with his property. Armed robbery consists of using a weapon to accomplish the same. The weapon need not be dangerous in fact (such as an unloaded gun), but merely dangerous in appearance.
Penalties:
Unarmed: imprisonment in state prison for life or any term of years.
Armed: imprisonment in state prison for life or any term of years; if defendant was masked, imprisonment in state prison for life or any term of years, with mandatory minimum of 5 years; subsequent offense: minimum mandatory of 10 years.
Larceny (G.L. c. 266, §30)
Larceny is the taking of personal property with intent to deprive the owner permanently of its use.
Penalties: based on whether value of property is more or less than $250
Less than: imprisonment in the House of Corrections for not more than 1 year or by a fine of not more than $300.
More than: imprisonment in state prison for not more than 5 years or by a fine of not more than $25,000 and imprisonment in the House of Corrections for not more than 2 years.
Arson (G.L. c. 266, §1)
At common law, the "malicious and willful burning the house or outhouse of another man." Under G.L. c. 266, §1, the crime of arson includes the burning of a dwelling house or building adjoining or adjacent to a dwelling house.
Penalties: imprisonment in state prison for not more than 20 years or by imprisonment in the House of Correction for not more than 2 1/2 years or by a fine of not more than $10,000, or by both imprisonment and fine.
Breaking & Entering (See G.L. c. 266, §16 thru §19)
Actually considered, at common law, as a crime against habitation. Defined in the common law as the breaking and entering into the dwelling of another in the night time with the intent to commit a felony therein. Modern statutes have changed this definition by expanding the crime beyond "dwellings" to railroad cars, businesses, apartments, vessels and motor vehicles.
Penalties: Imprisonment in state prison for not more than 20 years or in the House of Correction for not more than 2 1/2 years. No mandatory minimum.
