Massachusetts State Police recently arrested a magician who is claimed to have inappropriately touched three students during magic classes. The arrest occurred at the man’s home, where he was charged with indecent assault and battery. The man allegedly assaulted several young victims at magic classes that were held at his Rockland residence in the early 2000s when he was a member of the Society of Young Magicians. The arrest occurred after a four-month investigation by law enforcement. It has been reported that the man denies the allegations that have been made against, but he is currently being held on a $2,000 bond.
Types of Indecent Assault in Massachusetts
Indecent assault and battery in Massachusetts is divided into two categories based on the age of the victim. The first category involves indecent assault and battery against children who are below the age of 14, while the second category includes indecent assault and battery against a person who is 14 years of age or older.
Elements of an Indecent Assault Offense
In proving an indecent assault allegation, the prosecution is required to establish four elements, which include:
The alleged victim’s age
The person being charged must have touched the victim without permission or done so in a way that was not justifiable
The person being charged performed an act that was indecent or fundamentally offensive according to accepted standards of decency
The victim must not have consented to the touching. In situations in which the offense involved a person below the age of 14, the prosecution is not required to establish this consent element because the law views people below the age of 14 as unable to provide consent.
Penalties Associated With Indecent Assault and Battery
If you have been charged with indecent assault and battery, it is critical to promptly obtain the assistance of a skilled criminal defense attorney because otherwise there is a serious risk that you can end up facing substantial penalties. Indecent assault and battery in Massachusetts is classified as a felony. A person who is convicted of indecent assault and battery on an individual who is 14 years of age or older can end up facing two and a half to five years in jail for a first-time offense. Additional aggravating factors, however, exist if the victim of the offense is either disabled or elderly or if the person charged has previous convictions on his or her record.
The penalties associated with indecent assault and battery against a child below the age of 14 are much more serious, at two and a half to 10 years in prison. A person convicted of the offense will also be required to register as a sex offender, which can create significant obstacles in regards to a person’s ability to pursue housing and job opportunities.
Contact a Knowledgeable Criminal Defense Attorney
Many people who are convicted of indecent assault in Massachusetts find that these charges impact their career, education, and private lives. If you or a loved one is charged with indecent assault or another similar crime, you should not hesitate to speak with an experienced criminal defense attorney. Contact Attorney Edward Molari today to schedule an initial free case evaluation.