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Whoever commits any unnatural and lascivious act with another person shall be punished by a fine of not less than one hundred nor more than 1,000 dollars or by imprisonment in the state prison for not more than 5 years or in jail or the house of correction for not more than 2 1/2 years. "must be construed to be inapplicable to private, consensual conduct of adults." Gay & Lesbian Advocates & Defenders v. 132 (2002) "Our holdings in the Balthazar and Ferguson cases concerning acts conducted in private between consenting adults extend to § 34, as well." [private consenting acts will not be prohibited]. Texas, 539 US 558 (June 2003) Texas sodomy law ruled unconstitutional by US Supreme Court History of Sodomy Laws in Massachusetts, Gay and Lesbian Archives of the Pacific Northwest, 2004 Traces Mass. Such documentation shall be self-authenticating and admissible, after the Commonwealth has established the defendant's guilt on the primary offense, as evidence in any court of the Commonwealth to prove the defendant's commission of any prior conviction described therein. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file. 265, § 23, may be committed with or without any knowledge on the defendant's part of the age of the victim. The Commonwealth shall not be required to introduce any additional corroborating evidence or live witness testimony to establish the validity of such prior conviction. MGL c.265, s.23B Rape and abuse of child by certain previously convicted offenders; penalties Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age and has been previously convicted of or adjudicated delinquent or as a youthful offender for: indecent assault and battery on a child under 14 under section 13B; aggravated indecent assault and battery on a child under 14 under section 13B1/2; indecent assault and battery on a person 14 or older under section 13H; assault of a child with intent to commit rape under section 24B; rape of a child with force under section 22A; aggravated rape of a child with force under section 22B; rape and abuse of a child under section 23; aggravated rape and abuse of a child under section 23A; rape under section 22; or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years. A prosecution commenced under this section shall neither be continued without a finding nor placed on file. in which a man offered a boy to perform fellatio. Whoever commits an indecent assault and battery on a child under the age of 14 shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2½ years.