State Guide
Age of Consent in Massachusetts
A plain-English guide to the age of consent in Massachusetts, cited to M.G.L. c. 265, § 23. Massachusetts has no close-in-age exemption of any kind, even between two minors.
No exemption, no exception for teenagersMassachusetts at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | M.G.L. c. 265, § 23 (Rape and Abuse of a Child) |
| Close-in-age exemption | None, at any age or gap |
| Age-based defense, if any | None; applies even if the defendant is also under 16 |
| Related offense | Aggravated statutory rape — M.G.L. c. 265, § 23A |
Overview
Massachusetts sets its age of consent at 16. Massachusetts General Laws Chapter 265, Section 23, known informally as statutory rape and formally as rape and abuse of a child, makes sexual intercourse with anyone under 16 a felony carrying up to life in prison, regardless of whether the younger person appeared to consent.
Massachusetts is one of the strictest states in the country on this point: it has no close-in-age exemption, defense, or severity reduction of any kind. Sources on this are unusually unanimous. The law applies with equal force even where the defendant is also under 16, meaning two teenagers in a consensual relationship can both face the same statute that applies to an adult.
Age of consent in Massachusetts
Section 23 requires the state to prove two things: that sexual intercourse occurred, and that the other person was under 16 at the time. The government does not have to prove a lack of consent, force, or any awareness of the other person’s age. This is a strict-liability element, distinguishing Massachusetts’s statute from many other states’ framing of the same offense.
Close-in-age rules in Massachusetts
Rather than narrowing the gap, Massachusetts law moves in the opposite direction for large gaps: Section 23A, aggravated statutory rape, applies where the defendant is 10 or more years older than the victim, and carries a mandatory minimum sentence of 10 years. This is an enhancement for a larger gap, not a reduction for a smaller one.
Exceptions and defenses
Consent by the minor is not a defense. A reasonable, good-faith belief that the other person was 16 or older is not a defense either, even where the minor misrepresented their own age. This guide did not find a reliable official source describing any exception to Section 23 based on the defendant’s own age, marital status, or the closeness of the relationship.
Applicable statutes
The codified Massachusetts law this guide is drawn from.
Practical examples
Example 1. A 15-year-old and a 15-year-old, both minors, in a consensual relationship. Because Section 23 applies regardless of the defendant’s own age, both could potentially face the same charge.
Example 2. A 15-year-old and a 17-year-old, a two-year gap. There is no age-gap allowance in Massachusetts, so this small gap does not change whether Section 23 applies.
Example 3. A 15-year-old and a 26-year-old, an eleven-year gap. Because the gap meets the ten-year threshold, aggravated statutory rape applies, carrying a mandatory minimum ten-year sentence.
Frequently asked questions about Massachusetts
What is the age of consent in Massachusetts?
16. M.G.L. Chapter 265, Section 23 makes sexual intercourse with anyone under 16 a felony, regardless of apparent consent.
Does Massachusetts have a Romeo and Juliet law?
No. Massachusetts is unusual for having no close-in-age exemption or defense of any kind. Sources describing this are strongly unanimous.
Can a minor be charged under this law?
Yes. Section 23 applies regardless of the defendant’s own age, so two teenagers in a consensual relationship can both potentially face charges.
Does a mistaken belief about age count as a defense?
No. A reasonable, good-faith belief the other person was 16 or older is not a defense, even if the minor misrepresented their own age.
What happens if the age gap is very large?
A gap of ten years or more triggers aggravated statutory rape under Section 23A, carrying a mandatory minimum ten-year sentence, an enhancement rather than any kind of reduction.
Official sources
Primary and official sources this guide is built from.
Massachusetts vs. a state with a genuine exemption
Massachusetts sits at the opposite end of the spectrum from states like Texas or North Carolina.
| Feature | Massachusetts | A close-in-age-exemption state |
|---|---|---|
| Small age gap | No effect on the charge | May exempt or reduce the charge |
| Defendant is a minor | Still chargeable | Often specifically protected |
| Large age gap | Triggers a mandatory minimum enhancement | Varies by state |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Massachusetts General Laws, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed Massachusetts attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the Massachusetts General Laws as of 25 July 2026. It has not yet been reviewed by a licensed Massachusetts attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated.