Massachusetts does not have a Romeo and Juliet law. The Commonwealth has no close-in-age exemption, so any sexual intercourse involving someone under 16 can be charged as rape and abuse of a child, even when the other person is also a teenager and even when both agreed to it.1Mass.gov. Massachusetts Law About Sex That makes Massachusetts one of the stricter states on this issue, and the gap between what people assume the law does and what it actually says catches many families off guard.
What the Statute Actually Says
The age of consent in Massachusetts is 16. Under Chapter 265, Section 23, anyone who has sexual intercourse with a child under 16 commits the crime of rape and abuse of a child.2General Court of Massachusetts. Massachusetts Code Chapter 265 Section 23 – Rape and Abuse of Child Prosecutors do not have to prove force. They do not have to prove the younger person objected. The act itself is the crime.
A person under 16 cannot legally consent. If the younger person initiated the encounter, lied about their age, or participated willingly, the older person’s exposure is the same. Courts treat the age cutoff as absolute, and the statute makes no distinction based on how old the defendant is.
When Both People Are Under 16
This is the part that surprises people most. The state’s own legal guidance is blunt: you cannot have sex with someone under 16, even if you are also under 16.1Mass.gov. Massachusetts Law About Sex Both participants can technically be charged.
In practice, district attorneys exercise discretion about whether and how to bring charges in these situations. Massachusetts courts have seen cases where only one minor was charged while the other was treated as a victim, and defendants have raised selective prosecution arguments in response. Who gets charged tends to depend on the specific facts: who was older, whether coercion was alleged, and the judgment of the prosecutor’s office. The point for parents and teenagers is that the legal exposure sits on both sides of the encounter, not just one.
A minor charged under these statutes would typically be handled in juvenile court, where proceedings are generally confidential and the focus is on rehabilitation. In some circumstances involving older teenagers and serious offenses, a case can be transferred to adult court.
What a Conviction Carries
Rape and abuse of a child under Section 23 is a felony with a potential sentence of imprisonment in state prison for life or any term of years.2General Court of Massachusetts. Massachusetts Code Chapter 265 Section 23 – Rape and Abuse of Child A judge may instead impose time in a jail or house of correction. The base statute carries no mandatory minimum, which leaves some room for a judge to treat a close-in-age case differently from a predatory one. But the sentencing range is enormous, and the charge on the books is the same one used against adults who assault young children.
The age gap between the parties matters not as a defense but as a trigger for harsher penalties. Section 23A imposes a mandatory minimum of 10 years in state prison, with no probation, parole, or early release, in three situations:3General Court of Massachusetts. Massachusetts Code Chapter 265 Section 23A – Rape and Abuse of Child Aggravated by Age Difference Between Defendant and Victim or When Committed by Mandated Reporters
- The child is under 12 and the defendant is more than 5 years older.
- The child is between 12 and 16 and the defendant is more than 10 years older.
- The defendant is a mandated reporter, such as a teacher, doctor, or social worker.
Section 23B targets repeat offenders. Anyone previously convicted of certain sex offenses who commits rape and abuse of a child faces a 15-year mandatory minimum in state prison, again with no probation, parole, or early release.
Sex Offender Registration
A conviction under Section 23 triggers mandatory sex offender registration. The statute is specifically listed as a qualifying sex offense, along with the aggravated versions under Sections 23A and 23B.4General Court of Massachusetts. Massachusetts Code Chapter 6 Section 178C
How long registration lasts depends on the offense. Convictions for offenses the law defines as “sexually violent” or for two or more sex offenses against a child require lifetime registration. Other qualifying sex offenses carry a 20-year registration period measured from the date of conviction or release from custody, whichever is later.5Mass.gov. Information for Sex Offenders Registration shapes where someone can live and work, and the consequences extend well past the end of any criminal sentence.
Where Age Proximity Can Still Matter
Massachusetts law gives no formal close-in-age defense, but the defendant’s own youth at the time of the offense is recognized as a mitigating factor at sentencing.6Mass.gov. Attachment D – Non-Exclusive List of Mitigating and Aggravating Factors This is where a case between two teenagers can be treated differently from one involving an adult and a young child.
The Sentencing Commission’s guidelines also list the victim’s especially vulnerable age as an aggravating factor, so the same framework can push either direction. In a close-in-age case the mitigating side tends to be stronger, and prosecutors may offer plea agreements that reduce the ultimate sentence. None of this is guaranteed. The charge remains the same felony, and the outcome depends heavily on the prosecutor and judge.
Attempts to Change the Law
There have been efforts to add a close-in-age exception. Senate Bill S.1104, “An Act Supporting Consenting Young Adults,” would have exempted cases where the defendant was no more than two years older than the minor and the minor was at least 13.7BillTrack50. Massachusetts S1104 – Supporting Consenting Young Adults It would have moved Massachusetts closer to the approach used in roughly half the states.
The bill did not advance. As of December 2025, it had been sent to a study order, which in legislative terms means it was shelved rather than voted on.8General Court of Massachusetts. Bill S.1104 Whether similar legislation returns in a future session remains to be seen. For now, Massachusetts law offers no safe harbor based on how close in age two people happen to be.