What’s the Difference Between Indecent Assault and Battery on a Person Under the age of 14, vs. 14 and Over?

Written By: Matthew W. Peterson

Published: 08/10/2024

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If you’re facing charges of indecent assault and battery, you need an attorney experienced in fighting this serious and complex charge.

My name is Matthew W. Peterson, and I’m a criminal defense attorney based in Boston. Navigating the complexities of the criminal justice system can be overwhelming, especially when facing serious allegations. I am dedicated to providing clear, comprehensive guidance to those who find themselves facing criminal charges. In this blog post, I discuss the differences between indecent assault and battery on a person over 14 versus under the age of 14.

What is Indecent Assault and Battery?

Generally speaking, indecent assault and battery is the (sexual) touching of another person without their consent. There are several elements the prosecution must prove beyond a reasonable doubt to be convicted of this crime.

That you committed an assault and battery on the alleged victim
- Assault and battery is the intentional touching of another person, without legal justification or excuse
That the assault and battery was “indecent.”
- The term “indecent” in this context is often recognized as an act that would be offensive by a common understanding of decency
- An assault and battery may be “indecent” if it involves touching a person on or around places on their body that are typically thought to be private
That the alleged victim did not consent to the alleged act

The main difference between indecent assault and battery on a person under the age of 14 versus over 14 is the sentence you will likely be given if you are convicted. If you have been charged with indecent assault and battery on a person under the age of 14, the sentencing time tends to be harsher.

Getting into the weeds a little more, another big difference is the type of defenses that can be used for each charge. For example, if you are charged with indecent assault and battery on a person under the age of 14, you cannot use “consent” as a defense. In the eyes of the law, a person under the age of 14 cannot legally give consent to sexual contact with an adult.

Sentencing Differences

Indecent assault and battery on a person under the age of 14: imprisonment in the state prison for up to 10 years or imprisonment in the house of correction for up to 2 and 1/2 years.

Indecent assault and battery on a person at the age of 14 or older: imprisonment in the state prison for up to five years or imprisonment in a jail or house of correction for up to two and one-half years

In both cases, you will have to register as a sex offender if you are convicted.

Hire a Defense Attorney

If you’ve been charged with indecent assault and battery, contact me now. You can call my office at 617-295-7500, or you can fill out our online contact form. I understand the urgency and gravity of your situation and am committed to providing you with personalized, strategic legal representation. Your future is too important to leave to chance. Let me fight for your rights in court and work towards the best possible outcome.