Commonwealth v. Vieira
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The Supreme Judicial Court affirmed the district court judge's order denying pretrial detention, holding that a charge of indecent assault and battery on a child under the age of fourteen may not form the basis for pretrial detention under Mass. Gen. Laws ch. 276, 58A.
Defendant was charged with engaging in sexual activity with a thirteen-year-old boy in violation of Mass. Gen. Laws ch. 276, 23A (statutory rape) and Mass. Gen. Laws ch. 265, 13B (indecent assault and battery on a child). Under the dangerousness statute, Mass. Gen. Laws ch. 276, 58A, a person charged with statutory rape cannot be held without conditions of release prior to trial. At arraignment, the Commonwealth sought a dangerousness hearing. The district court judge concluded that none of the charges qualified under the statute and that Defendant could not be detained without bail. The Supreme Judicial Court affirmed, holding that, contrary to the Commonwealth's contention, a charge for indecent assault and battery on a child under the age of fourteen does not render an individual eligible for pretrial detention.
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