Massachusetts Passes Legislation to Close Age of Consent Loophole

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.