New Massachusetts Law Expands Liability for Statutory Mandated Reporters

The age of consent to sexual intercourse under Massachusetts law remains at age 16. However, advocates have argued that existing laws fail to account for the power imbalance between minors aged 16 to 17 and adults in certain supervisory roles, such as teachers, coaches, healthcare providers and other mandated reporters, even after that formal role ends.

In response, the Massachusetts legislature included new criminal provisions in the fiscal year 2027 budget bill signed into law by Gov. Maura Healey on July 9, 2026. The new law, codified at Massachusetts General Laws, Chapter 265, Section 23A½ (M.G.L. c. 265, § 23A½), criminalizes certain conduct of persons who are statutory mandated reporters under M.G.L. c. 119, § 21.

The statutory definition of "mandated reporters" remains unchanged and includes, among others, physicians, psychologists, social workers and other healthcare professionals, public and private school teachers, educational administrators, guidance and family counselors, and childcare workers, as well as probation and parole officers, foster parents, firefighters, police officers, clergy members and church personnel who supervise or counsel children, and persons in charge of medical or other public or private institutions, schools or facilities (or their designated agents). Under the new law:

• A mandated reporter who has sexual intercourse with a minor aged 16 or 17 over whom the reporter exercises or has exercised custodial or supervisory authority faces up to 20 years in state prison, even though the age of consent to sexual intercourse under Massachusetts law otherwise remains 16.
• The fact that a supervisory or custodial relationship has ended is not a defense if the minor was under the age of 18 at the time of the offense.
• Indecent assault and battery on a minor aged 14 to 17 by a mandated reporter who exercises or has exercised supervisory or custodial authority over the minor carries up to 10 years in state prison or two and a half years in jail.
• A close-in-age exception applies if the mandated reporter was not more than four years older than the minor at the time of the offense.

The statute does not define "custodial or supervisory authority," which may raise questions about the scope of covered relationships between mandated reporters and minors. Employers may therefore consider adopting a broad interpretation when updating policies and training.

Although the new law responds to public outcry stemming from abuse allegations at educational institutions, it applies to mandated reporters beyond teachers and coaches and extends to all persons who are mandated reporters under M.G.L. c. 119, § 21.

Next Steps and Considerations

Employers of mandated reporters, particularly those in the education and healthcare sectors, should consider taking the following steps in response to the new law:

• Review and update mandated reporter policies and codes of conduct to address the new criminal provisions.
• Update mandatory training for all mandated reporters to cover the scope of the new law, absence of the consent defense and serious criminal penalties for violations.
• Reinforce internal reporting procedures and provide training to employees about their statutory reporting obligations under M.G.L. c. 119, § 51A.
• Make clear that employees must also comply with the employer's own code of conduct, which can be broader than the law and prohibit sexual or romantic relationships between employees and minors in school or other workplace settings, regardless of the minor's age.
• Update employer policies and training pertaining to maintaining healthy boundaries between employees and minors and reinforce expectations for employees to foster safe environments for minors in school or other workplace settings.

For more information on this or related topics, please contact the authors or your Holland & Knight attorney.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.