PETITION OF:

SECTION 1. Section 178E of chapter 6 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out subsection (e).

SECTION 2. Section 178E of chapter 6 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking subsection (f).

SECTION 3. Section 178G of chapter 6 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the words: “has been determined by the sentencing court to be a sexually violent predator,” the following words:--- “or has been convicted of the rape of a child pursuant to section 22A of chapter 265 of the General Laws, as appearing in the 2004 Official Edition”.

SECTION 4. Paragraph (a) of Section 29A of chapter 272 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 9-10, the words:— “or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment” and inserting in place thereof the following words:— “, and whoever, either with knowledge that a person is a child under fourteen years of age or while in possession of such facts that he should have reason to know that such person is a child under fourteen years of age, and with lascivious intent, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to pose or be exhibited in a state of nudity, for the purpose of representation or reproduction in any visual material, shall be punished by imprisonment in the state prison for a term of not less than ten years nor more than twenty-five years. The provisions of section 87 of chapter 276 relating to the power of the court to place certain offenders on probation shall not apply to any person charged with a violation of this section.”

SECTION 5. Paragraph (b) of Section 29A of chapter 272 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 7-10, the words:— “shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment” and inserting in place thereof the following words:— “shall be punished by imprisonment in the state prison for a term of not less than fifteen nor more than twenty-five years, and whoever, either with knowledge that a person is a child under fourteen years of age or while in possession of such facts that he should have reason to know that such person is a child under fourteen years of age, and hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to participate or engage in any act that depicts, describes, or represents sexual conduct for the purpose of representation or reproduction in any visual material, or to engage in any live performance involving sexual conduct, shall be punished by imprisonment in the state prison for a term of not less than twenty years nor more than thirty years. The provisions of section 87 of chapter 276 relating to the power of the court to place certain offenders on probation shall not apply to any person charged with a violation of this section.”

SECTION 6. Section 29A(d) of chapter 272, as appearing in the 2004 Official Edition, is hereby amended by adding, following the word “eighteen” in line 26, the following:— “or under fourteen”.

SECTION 7. Paragraph (a) of Section 29B of chapter 272 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 9-13, the words:— “shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment” and inserting in place thereof the following words:— “for the first offense, shall be punished in the state prison for a term of not less than ten years nor more than twenty years or by a fine of not less than fifty thousand dollars or ten times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment; a second or subsequent violation of this section shall be punished in the state prison for a term of not less than fifteen years nor more than twenty years.”

SECTION 8. Paragraph (b) of Section 29B of chapter 272 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 22-26, the words:— “shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment” and inserting in place thereof the following words:— “shall be punished in the state prison for a term of not less than ten years nor more than twenty years. The provisions of section 87 of chapter 276 relating to the power of the court to place certain offenders on probation shall not apply to any person charged with a violation of this section.”

SECTION 9. Paragraph (vii) of Section 29C of chapter 272 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines in lines 23-32, the words:— “shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than $1,000 nor more than $10,000, or by both such fine and imprisonment for the first offense, not less than five years in a state prison or by a fine of not less than $5,000 nor more than $20,000, or by both such fine and imprisonment for the second offense, not less than 10 years in a state prison or by a fine of not less than $10,000 nor more than $30,000, or by both such fine and imprisonment for the third and subsequent offenses” and inserting in place thereof the following words:— “shall be punished by imprisonment in the state prison or in a jail or house of correction for a term of not less than two years or by a fine of not less than $10,000 nor more than $30,000, or by both such fine and imprisonment for the first offense, not less than five years in a state prison or by a fine of not less than $50,000 nor more than $100,000, or by both such fine and imprisonment for the second offense, not less than ten years in a state prison for the third and subsequent offenses.”

SECTION 10. Paragraph 1 of Section 22A of chapter 265 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 4-9, the words:— “shall be punished in the state prison for life or for any term of years; and whoever over the age of eighteen commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without finding” and inserting in place thereof the following words:— “shall be punished in the state prison for life or for any term of years not less than ten years; and whoever over the age of eighteen commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term not less than twenty years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without finding. The provisions of section 87 of chapter 276 relating to the power of the court to place certain offenders on probation shall not apply to any person charged with a violation of this section.”

SECTION 11. Section 22A of chapter 265, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 12-14, the following:— “but not less than ten years. Whoever over the age of 18 commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than 20 years” and inserting in place thereof the following words:— “but not less than twenty years. Whoever over the age of 18 commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than thirty years”.

SECTION 12. Said Chapter 265 is hereby amended by adding, following section 22A, the following new section:-

Section 22B. Whoever unlawfully has sexual intercourse or unnatural sexual intercourse with a child under twelve years of age, and compels said child to submit by force and against his will or compels said child to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for life or for any term of years not less than twenty years; and whoever over the age of 18 commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years not less than thirty years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without finding. The provisions of section 87 of chapter 276 relating to the power of the court to place certain offenders on probation shall not apply to any person charged with a violation of this section.

Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be sentenced to the state prison for life or for any term of years, but not less than twenty-five years. Whoever over the age of 18 commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than thirty-five years.

SECTION 13. Said Chapter 6 is hereby amended by adding the following section:-

Section 178R.

(a) No sex offender designated as a level 3 offender convicted of a sex offense involving a child, or any level 1 or level 2 offender who has been convicted of more than one sex offense involving a child, shall establish a primary address within 1,000 feet of the property on which any public or private school, licensed day care center, or any other child care facility is located. In cases where the sex offender has maintained the same primary address from before the time of the convicted crime, the provisions under this paragraph will not be upheld.

(b) No sex offender designated as a level 3 offender convicted of a sex offense involving a child, or any level 1 or level 2 offender who has been convicted of more than one sex offense involving a child, shall establish a secondary address within 1,000 feet of the property on which any public or private school, licensed day care center, or any other child care facility is located.

(c) No sex offender designated as a level 3 offender convicted of a sex offense involving a child, or any level 1 or level 2 offender who has been convicted of more than one sex offense involving a child, shall establish a primary address within 1,000 feet, or the distance cited by any standing restraining orders, whichever distance is greater, of the property on which the offender’s victim or victims have established residency, or the victim’s immediate family members reside. In cases where the sex offender has maintained the same primary address from before the time of the convicted crime, the provisions under this paragraph will not be upheld.

(d) No sex offender designated as a level 3 offender convicted of a sex offense involving a child, or any level 1 or level 2 offender who has been convicted of more than one sex offense involving a child, shall establish a secondary address within 1,000 feet, or the distance cited by any standing restraining orders, whichever distance is greater, of the property on which the offender’s victim or victims have established residency, or the victim’s immediate family members reside. In cases where the sex offender has maintained the same primary address from before the time of the convicted crime, the provisions under this paragraph will not be upheld.

(e) No sex offender designated as a level 3 offender convicted of a sex offense involving a child, or any level 1 or level 2 offender who has been convicted of more than one sex offense involving a child, shall accept employment within 1,000 feet, or the distance cited by any standing restraining orders, whichever distance is greater, of the property on which the offender’s victim or victims have established residency, or the victim’s immediate family members reside.

(f) No sex offender designated as a level 3 offender convicted of a sex offense involving a child, or any level 1 or level 2 offender who has been convicted of more than one sex offense involving a child, shall establish living conditions within, be placed in, or be transferred to any state-owned, operated or funded housing or any facility contracted with the state within 1,000 feet of the property on which any public or private school, licensed day care center, or any other child care facility is located.

(g) No sex offender designated as a level 3 offender convicted of a sex offense involving a child, or any level 1 or level 2 offender who has been convicted of more than one sex offense involving a child, shall establish living conditions within, be placed in, or be transferred to any state-owned, operated or funded housing or any facility contracted with the state within 1,000 feet, or the distance cited by any standing restraining orders, whichever distance is greater, of any residence occupied by the offender’s victim or victims, or the victim’s immediate family.