Bill > H3788

This bill proposes to create a new section in Massachusetts General Laws, specifically Section 21B of Chapter 268, to address sexual abuse by certain employees or contractors of educational institutions and state departments serving vulnerable populations. The key provision is that any person employed by or contracting with a public or private school, an institution of higher learning, or specific state departments like the Department of Youth Services, Department of Social Services, Department of Mental Health, or Department of Developmental Disabilities, who engages in sexual abuse of a person under 18 served by these entities, will face penalties of up to five years in prison, a fine of up to $10,000, or both. Crucially, for prosecutions under this new section, an individual served by these institutions will be legally considered incapable of consenting to sexual relations with such an employee or contractor, with the definition of sexual relations referring to Chapter 260, Section 4C of the General Laws. This aims to strengthen protections for minors and vulnerable individuals in these settings by establishing a clear inability to consent in such exploitative situations.