Massachusetts Supreme Judicial Court· 11/22/1983

Commonwealth v. Burke

Citations

457 N.E.2d 622
390 Mass. 480
1983 Mass. LEXIS 1758

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

stating that “[ajssault and battery is a common law crime now set forth in [Massachusetts General Laws chapter] 265, § 13A” and analyzing the elements of the offense by reference to the common law
discussing common-law crime of assault and battery, as codified at G. L. c. 265, § 13A
stating, with respect to § 13H, that “[n]oneonsent is an element of the crime of indecent assault and battery on a person who has attained the age of fourteen”
explaining the difference between harmful batteries and offensive batteries, clarifying that the latter require proof of lack of consent, and holding that lack of consent is an element of proof of the more aggravated offense of indecent assault and battery
lack of consent is element of indecent assault and battery where victim is over age fourteen
“[I]t is the nonconsensual imposition upon one’s person that makes a touching offensive and it is the offensiveness that makes the touching a battery”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Wilkins, Nolan, Lynch, O'Connor

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Cited by

96 cases in this archive cite this case; the 20 most cited are listed.

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

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