Assault and Battery with a Dangerous Weapon on a Child Under Fourteen

G.L. c. 265, § 15A[c][iv]

A person is charged with having committed an intentional assault and battery with a dangerous weapon upon the alleged victim at the time when the alleged victim was a child under the age of fourteen years if the Commonwealth can prove four elements, beyond a reasonable doubt:

• (1) That the defendant touched the person of the alleged victim, however slightly, without having any right or excuse for doing so;
• (2) That the defendant intended to touch the alleged victim;
• (3) That the touching was done with a dangerous weapon; and
• (4) That the alleged victim was a child under the age of fourteen years.

• Practice Notes
  • The touching must be more than merely accidental or negligent, but rather conscious and deliberate
  • The Commonwealth does not need to prove that the defendant specifically intended to cause injury to the alleged victim

 

• A person is charged with having committed a reckless assault and battery with a dangerous weapon upon the alleged victim at the time when the alleged victim was a child under the age of fourteen years if the Commonwealth can prove four elements beyond a reasonable doubt:
  • (1) That the defendant acted recklessly;
  • (2) That the defendant’s reckless conduct included an intentional act which resulted in bodily injury to the alleged victim;
  • (3) That the injury was inflicted by a dangerous weapon; and
  • (4) That the alleged victim was under fourteen years of age at the time.
• Practice Notes
  • The Commonwealth must prove that the defendant’s actions went beyond mere negligence and amounted to recklessness, meaning the defendant knew or should have known, that such actions were very likely to cause substantial harm to someone, but he or she ran that risk and went ahead anyway.
  • The defendant must have intended his or her acts which resulted in the touching, meaning that the acts did not happen accidentally
  • It is not necessary that the defendant intended to injure or strike the alleged victim, or that he or she foresaw the harm that result
  • The injury must be sufficiently serious to interfere with the alleged victim’s health or comfort. It does not need to be permanent, but it must be more than trifling.