Commonwealth v. Porges

A Superior Court judge reported the following question under Mass. R. Crim. P. 34, as amended, 442 Mass. 1501 (2004):

“Does the Superior Court have the jurisdiction over indictments charging rape of a child with force (G. L. c. 265, § 22A) and indecent assault and battery of a child under the age of 14 (G. L. c. 265, § 13B), pursuant to G. L. c. 119, § 72A, where the defendant is alleged to have been under the age of 14 at the time of the commis*526sion of the offense, but was not apprehended until after his eighteenth birthday, or do other provisions of chapter 119, specifically § 54, preclude…