# 258E



## jettsixx (Dec 10, 2005)

I have heard from several people that the 258E has been upgraded to be an arrestable offense for a violation. Can anyone confirm this? I have looked but havn't been able to find any link that states this is true.


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## LGriffin (Apr 2, 2009)

Oh yes, and be sure to stock up on cuffs with your uniform allowance. This baby is going to be abused more than 209A's.:banghead::stomp::timebomb:


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## jettsixx (Dec 10, 2005)

Not that I dont believe you, but is there a link somewhere that I can show someone? And by the way what is a uniform allowance. Our dept has cut all spending.


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## fra444 (Nov 23, 2008)

Yes it is indeed arrestable. I am actually sitting here with the training notice from my job. It also states that an officer will provide the victim with their victims rights. When you get to actually read the law it will completely SHOCK and SCARE you with just how similar it is between this and the 209A laws.


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## LGriffin (Apr 2, 2009)

CHAPTER 112 OF THE ACTS OF 2010


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## OfficerObie59 (Sep 14, 2007)

I haven't been able to read it ye, but at first glance it looks like they added ROA and ripped off the 209A rights advisement. I don't have the time right now to pick it apart...It was passed under emerganecy preamble--meaning it takes effect immediately upon Doucheval's signature--on May 22nd.


LGriffin said:


> CHAPTER 112 OF THE ACTS OF 2010


More specifically:


> *SECTION 29. *Chapter 258E of the General Laws is hereby amended by striking out section 2, as appearing in chapter 23 of the acts of 2010, and inserting in place thereof the following section:-
> 
> Section 2. Proceedings under this chapter shall be filed, heard and determined in the superior court department or the respective divisions of the district court department or the Boston municipal court department having venue over the plaintiff's residence. The juvenile court department shall have exclusive jurisdiction of proceedings under this chapter in which the defendant is under the age of 17. Such proceedings shall be filed, heard and determined in the division of the juvenile court department having venue over the plaintiff's residence.
> 
> ...


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## fra444 (Nov 23, 2008)

Like I said, shocking and scary........


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## jettsixx (Dec 10, 2005)

Not shocking with this Governor and the wingnuts in DC nothing shocks me anymore.


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## fra444 (Nov 23, 2008)

jettsixx said:


> Not shocking with this Governor and the wingnuts in DC nothing shocks me anymore.


This is all due to the wingnurts in our state legislature.


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## OfficerObie59 (Sep 14, 2007)

Just to note, these are the definitions of abuse and harassment, which will trigger the 258E Rights Warnings&#8230; 



> "Abuse", attempting to cause or causing physical harm to another or placing another in fear of imminent serious physical harm.


Basically, that's a freakin' assault. Why they can't all it that is beyond me.



> "Harassment", (i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) by force, threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43 or 43A of chapter 265 or section 3 of chapter 272.


So you have the (i) three events, (iiA) sexual activity though force, threat or duress, or (iiB) any one of the following:
1. 265/13B - Indecent A&B (child under 14 yoa)
2. 265/13F - A&B, Indecent A&B on a mentally retarded person
3. 265/13H - Indecent A&B (over 14 yoa)
4. 265/22 - Rape
5. 265/22A - Rape of Child
6. 265/23 - Rape and Abuse of a Child
7. 265/24 - Assault w/ Intent to Commit Rape
8. 265/24B - Assault of a child w/ Intent to Commit Rape
9. 265/26C - Enticement of a child under 16
10. 265/43 - Stalking
11. 265/43A - Criminal Harassment
12. 272/3 - Drugging of persons for Sexual Intercourse

I don't have a problem with this list of statutes. The main issue I do have with this is that, as I read it, anyone who is the victim of a simple assault under the definition of "abuse" will have to be given the warning, and will thus be eligible for the 258E Order. So if two shitfaced grown men tussle at a summer BBQ, they both have to be advised of these rights. After all, they do indeed to intend to cause someone physical harm in a BS drunken brawl, do they not? Or at least, that's what lawsuit-fearing command staff is gonna say.

Seems to me that if that's what the Legislature intended, they would have included Simple A&B and ABDW under the enumerated statutes in the "harassment" definitions--but as we've seen over the past year or two, what the Legislature intends and the results of their legislation have been two different things.


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## jettsixx (Dec 10, 2005)

New in service training mandatory for all law enforcement personnel.

Babysitting course,MA,RI,CT,baby sitting training,day care courses,child care classes,baby sit


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## tnrevac (Apr 5, 2011)

Is there any redeeming qualities in 258E?


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## Guest (Apr 6, 2011)

Wolfman said:


> Just waiting for the first troll to claim he's been intimidated 3 times by Masscops and we all get served with a RO.
> 
> This isn't a slippery slope, it's a firehouse pole.


I'm surprised a certain someone hasn't already filed for one.


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## lpwpd722 (Jun 13, 2006)

Hmmm, who COULD you possibly be referring to. lol


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## csauce777 (Jan 10, 2005)

OfficerObie59 said:


> Just to note, these are the definitions of abuse and harassment, which will trigger the 258E Rights Warnings&#8230;
> 
> Basically, that's a freakin' assault. Why they can't all it that is beyond me.
> 
> ...




In inservice, they flat out said that because of the wording, any bar fight (in the past) that previously would have (at most) resulted in a summons for A&B, can now be grounds for an arrest. He actually used the bar fight as an example.


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## OfficerObie59 (Sep 14, 2007)

csauce777 said:


> In inservice, they flat out said that because of the wording, any bar fight (in the past) that previously would have (at most) resulted in a summons for A&B, can now be grounds for an arrest. He actually used the bar fight as an example.


Yes, however according to ch. 258E, § 8, paragraph (7) its worth remembering "safety of the victim shall be paramount in any decision to arrest".

You could indeed take him, but I think it would be prudent to articulate exactly what safety issue you felt made it necessary for you to arrest. It's not like you'd get in the shit if you didn't do it, but I think it would help you in the long run at court--and in your chief's office, particularly if you choose NOT to arrest, since it is now the "preferred response".


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## Tuna (Jun 1, 2006)

Just had it at inservice. Holy shitstorm Batman


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## Scared victim is scared (Jan 23, 2014)

Bahaha! Welcome to 2014. You guys talk like you don't have a choice to arrest or not arrest whoever you want. Please, spare me your drama. I've been informed ad nauseum that it is NOT an arrestable offense. Not, not, not. Is this no longer an active law? Has it changed since 2010? Because I'm confused. You know who I can ask? NO ONE. Because no one wants to help someone with a stalker who isn't related to them. Because I guess they can't kill you. Tell that to the girl who the law was created in honor of. Oh wait - she's dead. Her law wouldn't have done any good anyway since clearly you do not want to enforce it, like I didn't already know that. Courts don't want to issue. Advocacy doesn't want to help. And you make like someone can just walk in and be like hey, I want a 258e, and the sit you down with coffee and cookies. NO. That's 209a. 258e is the one where you get denied, dismissed, ignored, chastised, and screwed with until you end up hurt. Then maybe someone would care, but probably not, since I have a 258e against my stalker I must have deserved it. Maybe when she snatches one of my kids someone will care.


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## Pvt. Cowboy (Jan 26, 2005)

3 year old thread necromancy followed by a babbling mess?


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## kwflatbed (Dec 29, 2004)

Scared victim is scared said:


> Bahaha! Welcome to 2014. You guys talk like you don't have a choice to arrest or not arrest whoever you want. Please, spare me your drama. I've been informed ad nauseum that it is NOT an arrestable offense. Not, not, not. Is this no longer an active law? Has it changed since 2010? Because I'm confused. You know who I can ask? NO ONE. Because no one wants to help someone with a stalker who isn't related to them. Because I guess they can't kill you. Tell that to the girl who the law was created in honor of. Oh wait - she's dead. Her law wouldn't have done any good anyway since clearly you do not want to enforce it, like I didn't already know that. Courts don't want to issue. Advocacy doesn't want to help. And you make like someone can just walk in and be like hey, I want a 258e, and the sit you down with coffee and cookies. NO. That's 209a. 258e is the one where you get denied, dismissed, ignored, chastised, and screwed with until you end up hurt. Then maybe someone would care, but probably not, since I have a 258e against my stalker I must have deserved it. Maybe when she snatches one of my kids someone will care.


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## Ptac (Mar 30, 2013)

What?


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## niteowl1970 (Jul 7, 2009)

Ptac said:


> What?


Where?

Sent from a dark place.


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## mpd61 (Aug 7, 2002)

Why?


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