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Massachusetts Passes Legislation to Close Age of Consent Loophole

By Julie C. Fay, Morgan P. Rueckert & Tom Owen on July 22, 2026
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On July 9, 2026, as part of the state budget, Massachusetts passed the “Trusted Adults Act” legislation intended to close existing loopholes and protect minors age 16 and 17 from sexual conduct by mandated reporters. While the age of consent for sexual activity in Massachusetts is generally 16, until now there has been no law specifically prohibiting teachers or other adults in a position of authority or supervision from engaging in sexual activity with a 16 or 17-year-old minor under their care. In Massachusetts, mandated reporters include both public and private school teachers as well as educational administrators and other professionals likely to have contact with children. 

Under this new law, it is now a felony for any mandated reporter to engage in sexual intercourse with a child between 16 and 18 years of age if the mandated reporter either has, or once had, custodial or supervisory authority of such child. The law provides an exception for parties close in age and requires that the mandated reporter be more than 4 years older than the child at the time of the offense in order for the law to apply. 

This legislative change went into effect July 1, 2026 and brings Massachusetts in line with neighboring states like Connecticut, and other states that have criminalized sexual activity with minors by individuals in a position of authority. 

Photo of Julie C. Fay Julie C. Fay

Julie C. Fay represents a wide range of educational institutions, including k-12 public and independent schools and colleges and universities, in legal issues related to students, employees, governance, and policy. Her work also includes advising non-profit organizations such as camps and after school…

Julie C. Fay represents a wide range of educational institutions, including k-12 public and independent schools and colleges and universities, in legal issues related to students, employees, governance, and policy. Her work also includes advising non-profit organizations such as camps and after school programs, in addition to serving as independent counsel for organizational ombudsman programs for institutions of higher education and other organizations. Julie is a current member of Shipman’s Management Committee and former co-chair of the School Law Practice Group.

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Photo of Morgan P. Rueckert Morgan P. Rueckert

Morgan Rueckert practices in the areas of criminal defense, government investigations, internal corporate investigations, tort litigation, and complex business litigation. He is also a member of Shipman’s Immigration Enforcement Team.

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Photo of Tom Owen Tom Owen

Tom Owen works with schools and colleges on legal issues related to students, employees, governance, and policy. He draws on his previous career in education to offer practical legal guidance to school leaders. Tom holds a J.D. from Northeastern University School of Law…

Tom Owen works with schools and colleges on legal issues related to students, employees, governance, and policy. He draws on his previous career in education to offer practical legal guidance to school leaders. Tom holds a J.D. from Northeastern University School of Law, an M.A. in private school leadership from the Klingenstein Center for Independent School Leadership at Columbia University’s Teachers College, and an A.B. in comparative literature from Dartmouth College.

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  • Posted in:
    Family
  • Blog:
    School Law
  • Organization:
    Shipman & Goodwin LLP
  • Article: View Original Source

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