Scione v. Commonwealth Commonwealth v. Barnes

**226Here we are called upon to determine whether G. L. c. 276, § 58A ( § 58A ), the pretrial detention statute, may be applied to David W. Barnes and William Scione, charged with violating G. L. c. 265, § 23A ( § 23A ) (rape of child aggravated by age difference, i.e., statutory rape), and G. L. c. 266, § 102A ( § 102A ) (use of incendiary device), respectively. We conclude that § 23A does not qualify as a predicate offense under § 58A in its current form,1 and that, depending upon the circumstances, § 102A may (and, in this case, does) so qualify.

1. Statutory scheme of § 58A. Section 58A,…