Massachusetts General Laws ch. 119 sec. 63A – Delinquent children; aiding and abetting violation of juvenile court order; concealing or harboring child; penalties; defenses
Section 63A. Whoever is 19 years of age or older and: (i) knowingly and willfully aids or abets a child under the age of 18, to violate an order of a juvenile court; or (ii) knowingly and willfully conceals or harbors a child who has taken flight from the custody of the court, a parent, a legal guardian, the department of children and families or the department of youth services shall be punished by a fine of not more than $500 or by imprisonment in the house of correction for not more than 1 year, or by both such fine and imprisonment.
Terms Used In Massachusetts General Laws ch. 119 sec. 63A
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
It shall be a defense to a violation of clause (ii) if the defendant concealed or harbored a child in the reasonable good faith belief that the child would be at risk of physical or sexual abuse if the child returned to his custodial residence, unless the defendant concealed or harbored such child with intent to abuse the child or if the defendant committed abuse on that child.
The court may release on probation under section 87 of chapter 276, subject to such orders as it may make as to future conduct tending to cause, induce or contribute to a person’s status as a child in need of services or delinquency, or it may suspend sentence under section 1 of chapter 279, or before trial, with the defendant’s consent, it may allow the defendant to enter into a recognizance, in such penal sum as the court may fix, conditioned to comply with such terms as the court may order for the promotion of the future welfare of the child, and the case may then be placed on file. The provisions for recognizance in section 56 of chapter 276 shall be applicable to cases arising hereunder.
The divisions of the juvenile court department shall, within their respective territorial limits, have exclusive jurisdiction over complaints alleging a violation of this section.