Commonwealth v. Davidson

The primary issue before us is whether a defendant, who did not himself commit the touching, may be convicted of indecent assault and battery on a child under the age of fourteen. G. L. c. 265, § 13B.1 The convictions were based on evidence that the child, induced by the defendant, touched the defendant’s penis with her hand and rubbed it with her nose. We conclude that a finding that such actions occurred establishes offenses *73under the statute. Accordingly, we affirm the defendant’s convictions of two counts of indecent assault and battery on a child.2

That the touching occurred is not in…