Massachusetts General Laws Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280) Ch. 265, § 13L

For the purposes of this section, the following words shall have the following meanings:--

Child”, any person under 18 years of age.

Serious bodily injury”, bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ, or substantial risk of death.

Sexual abuse”, an indecent assault and battery on a child under 14 under section 13B of chapter 265 ;  aggravated indecent assault and battery on a child under 14 under section 13B 1/2 of said chapter 265;  a repeat offense under section 13B 3/4 of said chapter 265;  indecent assault and battery on a person age 14 or over under section 13H of said chapter 265;  rape under section 22 of said chapter 265;  rape of a child under 16 with force under section 22A of said chapter 265;  aggravated rape of a child under 16 with force under section 22B of said chapter 265;  a repeat offense under section 22C of said chapter 265;  rape and abuse of a child under section 23 of said chapter 265;  aggravated rape and abuse of a child under section 23A of said chapter 265;  a repeat offense under section 23B of said chapter 265;  assault with intent to commit rape under section 24 of said chapter 265;  and assault of a child with intent to commit rape under section 24B of said chapter 265.

Whoever wantonly or recklessly engages in conduct that creates a substantial risk of serious bodily injury or sexual abuse to a child or wantonly or recklessly fails to take reasonable steps to alleviate such risk where there is a duty to act shall be punished by imprisonment in the house of correction for not more than 2 1/2 years.

For the purposes of this section, such wanton or reckless behavior occurs when a person is aware of and consciously disregards a substantial and unjustifiable risk that his acts, or omissions where there is a duty to act, would result in serious bodily injury or sexual abuse to a child.  The risk must be of such nature and degree that disregard of the risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.


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