Commonwealth v. Porges, 460 Mass. 525

Defendant allegedly committed rape of a child with force and indecent assault and battery on a child under 14 before turning 14.
Apprehension occurred after the defendant had reached age 18.
Juvenile Court transferred the case to Superior Court under G. L. c. 119, § 72A, after finding probable cause and public-interest entitlement to try the offenses in criminal court.
Indictments enjoined six counts of rape of a child with force and two counts of indecent assault and battery on a child under 14.
Defendant moved to dismiss for lack of Superior Court subject-matter jurisdiction over offenses allegedly committed before age 14.
Question presented: whether § 72A provides jurisdiction for trial in the Superior Court when the offense occurred before 14 but was not apprehended until after 18.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Superior Court has jurisdiction under §72A for offenses committed before age 14 and apprehended after age 18.	Commonwealth argues jurisdiction exists if §72A conditions are met.	Defendant contends no jurisdiction under §72A for pre-14 offenses when apprehended after 18.	Yes; jurisdiction exists under §72A if delinquency is filed and public-interest transfer approved.

Commonwealth v. A Juvenile, 407 Mass. 550 (1990) (addressed gaps in pre-14 offenses adjudicated after 18)
Commonwealth v. Colturi, 448 Mass. 809 (2007) (statutory amendments interpreted with legislative intent)
Commonwealth v. Callahan, 440 Mass. 436 (2003) (statutory construction guiding juvenile-to-criminal transition)
Kenniston v. Department of Youth Servs., 453 Mass. 179 (2009) (when amending statute, legislature aware of prior case law)
Metcalf v. Commonwealth, 338 Mass. 648 (1959) (gap-filling concerns in delinquency statutes)
D’Urbano v. Commonwealth, 345 Mass. 466 (1963) (early interpretation of delinquency jurisdiction gaps)