M.G.L.A. Pt. IV, T. I, Ch. 263, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263. Rights of Persons Accused of Crime



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263 § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263. Rights of Persons Accused of Crime (Refs & Annos)

§ 1. Nature of crime; right to be informed; penalty


Whoever is arrested by virtue of process, or whoever is taken into custody by an officer, has a right to know from the officer who arrests or claims to detain him the true ground on which the arrest is made; and an officer who refuses to answer a question relative to the reason for such arrest, or answers such question untruly, or assigns to the person arrested an untrue reason for the arrest, or neglects upon request to exhibit to the person arrested, or to any other person acting in his behalf, the precept by virtue of which such arrest has been made, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263 § 1A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263. Rights of Persons Accused of Crime (Refs & Annos)

§ 1A. Fingerprinting and photographing


Whoever is arrested by virtue of process, or is taken into custody by an officer, and charged with the commission of a felony shall be fingerprinted, according to the system of the bureau of investigation and intelligence in the department of state police, and may be photographed. Two copies of such fingerprints and photographs shall be forwarded within a reasonable time to the colonel of state police by the person in charge of the police department taking such fingerprints and photographs.


CREDIT(S)


Added by St.1964, c. 443. Amended by St.1972, c. 217; St.1991, c. 412, § 96.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263. Rights of Persons Accused of Crime (Refs & Annos)

§ 2. Arrest on false pretence; penalty


An officer who arrests or takes into or detains in custody a person, pretending to have a process if he has none, or pretending to have a different process from that which he has, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263 § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263. Rights of Persons Accused of Crime (Refs & Annos)

§ 3. False imprisonment; actions against officers


No action, except for use of excessive force, shall lie against any officer other than the arresting officer, by reason of the fact that, in good faith and in the performance of his duties, he participates in the arrest or imprisonment of any person believed to be guilty of a crime unless it can be shown that such other officer in the performance of his duties took an active part in the arrest or imprisonment as aforesaid, either by ordering or directing that said arrest or imprisonment take place or be made, or by actually initiating the making and carrying out of said arrest and imprisonment. No action, except for use of excessive force, shall lie against any bystander assisting an officer in making an arrest, at the request of the officer.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263 § 4


Effective: July 1, 2000


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263. Rights of Persons Accused of Crime (Refs & Annos)

§ 4. Prosecution of crimes; manner


No person shall be held to answer in any court for an alleged crime, except upon an indictment by a grand jury or upon a complaint before a district court, the housing court of the city of Boston, the western division of the housing court department, the northeastern division of the housing court department, the southeastern division of the housing court department, the housing court of the county of Worcester or in proceedings before a court-martial.


A defendant charged with an offense punishable by imprisonment in state prison shall have the right to be proceeded against by indictment except when the offense charged is within the concurrent jurisdiction of the district and superior courts and the district court retains jurisdiction.


No juvenile shall be sentenced to any punishment as is provided by law for the offense by a juvenile court or a juvenile session of a district court, as the case may be, unless he has been proceeded against by indictment or has waived indictment pursuant to section four A of chapter two hundred and sixty-three, except as otherwise provided in section seventy-two A of chapter one hundred and nineteen. The clerk of the superior court in which an indictment of such juvenile is returned shall promptly remit the indictment to the clerk of the juvenile court or the juvenile session of the district court, as the case may be, in which such indictment is to be tried.


CREDIT(S)


Amended by St.1953, c. 319, § 28; St.1971, c. 843, § 20; St.1973, c. 591, § 19; St.1979, c. 344, § 17; St.1983, c. 575, § 11; St.1987, c. 755, § 14; St.1991, c. 488, § 10; St.1992, c. 379, § 180; St.1992, c. 398, § 7; St.1996, c. 200, § 35; St.2000, c. 159, § 292.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263 § 4A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263. Rights of Persons Accused of Crime (Refs & Annos)

§ 4A. Waiver of indictment; procedure


A defendant charged in the district court with an offense as to which he has the right to be proceeded against by indictment shall have the right, except when the offense charged is a capital crime, to waive that right, whereupon the court shall have as full jurisdiction of the complaint as if an indictment had been found. If a defendant is so charged and requests a probable cause hearing in district court, that request shall constitute a waiver of the right to be proceeded against by indictment and the prosecution may proceed upon the complaint. If a defendant waives the right to be proceeded against by indictment, a probable cause hearing shall be held in the district court unless the defendant waives the probable cause hearing or unless the prosecutor elects to proceed by indictment pursuant to the Massachusetts Rules of Criminal Procedure.


If the district attorney desires to charge a defendant who waives indictment hereunder with an additional non-capital crime which is not charged in the complaint upon which the prosecution is proceeding and as to which there is the right to be proceeded against by indictment, the district attorney may prepare an additional complaint charging such additional crime and serve that complaint upon the defendant so as to give the defendant an opportunity to waive indictment upon such additional charge.


CREDIT(S)


Added by St.1934, c. 358. Amended by St.1979, c. 344, § 18; St.1986, c. 557, § 189.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263. Rights of Persons Accused of Crime (Refs & Annos)

§ 5. Counsel; right of accused


A person accused of crime shall at his trial be allowed to be heard by counsel, to defend himself, to produce witnesses and proofs in his favor and to meet the witnesses produced against him face to face.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263 § 5A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263. Rights of Persons Accused of Crime (Refs & Annos)

§ 5A. Driving while intoxicated; right to medical examination; notice


A person held in custody at a police station or other place of detention, charged with operating a motor vehicle while under the influence of intoxicating liquor, shall have the right, at his request and at his expense, to be examined immediately by a physician selected by him. The police official in charge of such station or place of detention, or his designee, shall inform him of such right immediately upon being booked, and shall afford him a reasonable opportunity to exercise it. Such person shall, immediately upon being booked, be given a copy of this section unless such a copy is posted in the police station or other place of detention in a conspicuous place to which such person has access.


CREDIT(S)


Added by St.1958, c. 401. Amended by St.1960, c. 237; St.1983, c. 557.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263. Rights of Persons Accused of Crime (Refs & Annos)

§ 6. Conviction; manner; waiver of jury trial


A person indicted for a crime shall not be convicted thereof except by confessing his guilt in open court, by admitting the truth of the charge against him by his plea or demurrer or by the verdict of a jury accepted and recorded by the court or, in any criminal case other than a capital case, by the judgment of the court. Any defendant in a criminal case other than a capital case, whether begun by indictment or upon complaint, may, if he shall so elect, when called upon to plead, or later and before a jury has been impanelled to try him upon such indictment or complaint, waive his right to trial by jury by signing a written waiver thereof and filing the same with the clerk of the court. If the court consents to the waiver, he shall be tried by the court instead of by a jury, but not, however, unless all the defendants, if there are two or more charged with related offenses, whether prosecuted under the same or different indictments or complaints shall have exercised such election before a jury has been impanelled to try any of the defendants; and in every such case the court shall have jurisdiction to hear and try such cause and render judgment and sentence thereon. Except where there is more than one defendant involved as aforesaid, consent to said waiver shall not be denied in the district court or the Boston municipal court if the waiver is filed before the case is transferred for jury trial to the appropriate jury session, as provided in section twenty-seven A of chapter two hundred and eighteen.


CREDIT(S)


Amended by St.1933, c. 246, § 1; St.1971, c. 843, § 21; St.1973, c. 591, § 20; St.1979, c. 344, § 19; St.1992, c. 379, § 181.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263. Rights of Persons Accused of Crime (Refs & Annos)

§ 7. Acquittal; effect on subsequent charges


A person shall not be held to answer on a second indictment or complaint for a crime of which he has been acquitted upon the facts and merits; but he may plead such acquittal in bar of any subsequent prosecution for the same crime, notwithstanding any defect in the form or substance of the indictment or complaint on which he was acquitted.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263. Rights of Persons Accused of Crime (Refs & Annos)

§ 8. Acquittal on defective pleadings; subsequent indictment


If a person has been acquitted by reason of a variance between the indictment or complaint and the proof, or by reason of a defect of form or substance in the indictment or complaint, he may be again arraigned, tried and convicted for the same crime on a new indictment or complaint, notwithstanding such former acquittal.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263 § 8A


Effective: July 1, 2000


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263. Rights of Persons Accused of Crime (Refs & Annos)

§ 8A. Acquittal on merits in district court or housing courts of city of Boston and county of Worcester; effect


A person shall not be held to answer in a district court or the housing court of the city of Boston, the western division of the housing court department, the northeastern division of the housing court department, the southeastern division of the housing court department, or the housing court of the county of Worcester to a second complaint for an offense for which he has already been tried upon the merits in a district court or in the housing court of the city of Boston, the housing court of the county of Hampden, the northeastern division of the housing court department, the southeastern division of the housing court department, or the housing court of the county of Worcester.


CREDIT(S)


Amended by St.1953, c. 319, § 29; St.1971, c. 843, § 22; St.1973, c. 591, § 21; St.1983, c. 575, § 12; St.1987, c. 755, § 15; St.2000, c. 159, § 293.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263. Rights of Persons Accused of Crime (Refs & Annos)

§ 9. Punishment; conditions precedent


A person shall not be punished for a crime unless he has been legally convicted thereof by a court having competent jurisdiction of the cause and of the person.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 263A, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263A. Witness Protection in Criminal Matters



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263A § 1


Effective: March 3, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263A. Witness Protection in Criminal Matters (Refs & Annos)

§ 1. Definitions


For the purposes of this chapter, the following words shall have the following meanings:--


“Board”, the witness protection board established in section 2.


“Prosecuting officer”, the attorney general or a district attorney from each county.


“Critical witness”, any person who is participating in a criminal investigation, or has received a subpoena or who is reasonably expected to give testimony that is, in the judgment of the prosecuting officer, essential to a criminal investigation or proceeding or such person's relatives, guardians, friends or associates who are reasonably endangered by such person's participation in the criminal investigation or proceeding.


CREDIT(S)


Added by St.2006, c. 48, § 1, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263A § 2


Effective: March 3, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263A. Witness Protection in Criminal Matters (Refs & Annos)

§ 2. Witness protection board; composition; powers and duties


There is hereby established a witness protection board within the executive office of public safety consisting of the secretary of public safety, the attorney general, the auditor, a chief of police appointed by the Massachusetts Chiefs of Police Association, and a district attorney appointed by the Massachusetts District Attorney's Association, or any member's respective designees. The board shall oversee the commonwealth's witness protection program and coordinate the efforts of state, county and law enforcement agencies to protect the health, safety and welfare of witnesses including, but not limited to, the administration and approval of funding for witness protection services. The board shall promulgate rules and regulations for the administration of the commonwealth's witness protection program and establish procedures to maximize federal funds for witness protection services.


CREDIT(S)


Added by St.2006, c. 48, § 1, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263A § 3


Effective: March 3, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263A. Witness Protection in Criminal Matters (Refs & Annos)

§ 3. Petition requesting witness protection services


In any criminal investigation or proceeding, the prosecuting officer with jurisdiction over the investigation or proceeding may file a petition with the board requesting witness protection services for a critical witness if the prosecuting officer certifies that such witness's participation in the investigation or proceeding places the witness at risk of harm including, but not limited to, intimidation or retaliatory violence. The petition shall include a proposed plan for protective services which shall include, but not be limited to, projected costs, method of protection and likely duration of services. The board shall review the petition as soon as possible and if, by a vote of 3 or more board members, finds that the petition and plan comply with the rules and regulations established by the board, the board shall assist the prosecuting officer to coordinate the efforts of state, county and local agencies to secure witness protection services. The board shall, subject to appropriation, reimburse the prosecuting officer for any witness protection related costs that comply with the regulations and guidelines established by the board.


CREDIT(S)


Added by St.2006, c. 48, § 1, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263A § 4


Effective: March 3, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263A. Witness Protection in Criminal Matters (Refs & Annos)

§ 4. Temporary action based on exigent circumstances without prior approval by board


If a prosecuting officer determines that exigent circumstances exist regarding an imminent threat to the safety of a critical witness, he may take any appropriate temporary action he determines is necessary to protect the safety of the witness without prior approval of the board. The prosecuting officer shall inform the board of the action taken and the related costs within 48 hours. Any such costs, which would otherwise be in compliance with the rules and regulations established by the board pursuant to section 2, may be reimbursed to the prosecuting officer.


CREDIT(S)


Added by St.2006, c. 48, § 1, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263A § 5


Effective: March 3, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263A. Witness Protection in Criminal Matters (Refs & Annos)

§ 5. Protective services provided to critical witnesses; notice to defense counsel


Protective services provided to a critical witness may include, but not be limited to:--


(a) any necessary armed protection or escort, marked or unmarked surveillance or periodic visits or contact by law enforcement officials prior, during or subsequent to a criminal proceeding;


(b) physical relocation to an alternate shelter, housing or residence;


(c) reasonable housing expenses;


(d) transportation or storage of personal possessions;


(e) basic living expenses; and


(f) petition for a protective order on any individual identified as a threat to a critical witness.


Any protective services provided to a critical witness shall be made known to defense counsel pursuant to Rule 14 of the Massachusetts Rules of Criminal Procedure.


CREDIT(S)


Added by St.2006, c. 48, § 1, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263A § 6


Effective: March 3, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263A. Witness Protection in Criminal Matters (Refs & Annos)

§ 6. Written memorandum of understanding; persons required to sign; contents


Before providing witness protection services to any critical witness under this chapter, except where it is determined that temporary protective services are necessary pursuant to section 4, the prosecuting officer shall enter into a written memorandum of understanding with such witness. If temporary protective services have been provided pursuant to section 4, a written memorandum of understanding shall be entered into as soon as practicable. The written memorandum of understanding shall be signed by: the prosecuting officer or his designee; the witness to be afforded protective services; the witness' guardian if the witness is a minor; and the witness'; attorney if the witness is represented by counsel. Such written memorandum of understanding shall not be considered a grant of immunity. The written memorandum of understanding shall include:--


(a) The responsibilities agreed to by the witness while receiving protective services, shall include, but not limited to, an agreement to:--


(i) provide complete and truthful information to all relevant law enforcement officials related to all relevant investigations, and to testify completely and truthfully in all appropriate proceedings;


(ii) not commit any crime;


(iii) take all necessary precautions to avoid making known to others his participation in the witness protection program or the provision of protective services under such program;


(iv) comply with any legal obligations or civil judgments against the witness;


(v) cooperate with all reasonable requests of officers and employees of the commonwealth who are providing protective services under this chapter;


(vi) designate another person to act as an agent for the service of process. Under no circumstances shall the person so designated be an employee of the prosecuting officer or other law enforcement agency, or be a member of or perform duties on behalf of the witness protection board;


(vii) make a sworn statement of all outstanding legal obligations, including obligations concerning child custody and visitation, and child support;


(viii) disclose any probation or parole conditions, obligations, or responsibilities; and


(ix) regularly inform the prosecuting officer of the activities and current address of the witness.


(b) The responsibilities agreed to by the commonwealth while providing protective services shall include, but not be limited to:


(i) The names and telephone numbers of representatives of the prosecuting officer or law enforcement personnel to contact if the witness has questions or concerns related to the protective services or the witness' safety;


(ii) The protective services that the prosecuting officer has determined will be requested, and, if authorized, to be provided to the witness under this chapter; and


(iii) The procedures to be followed, if there is a determination by the prosecuting officer that there has occurred a material breach of the memorandum of understanding, as established by the prosecuting officer.


CREDIT(S)


Added by St.2006, c. 48, § 1, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263A § 7


Effective: March 3, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263A. Witness Protection in Criminal Matters (Refs & Annos)

§ 7. Refusal of protective services; revocation of services upon violation of memorandum of understanding


If a witness, after being offered protective services under this chapter, at any time declines to receive such services, the prosecuting officer shall request that the witness make such refusal in writing, or, if the witness refuses to document such refusal of services in writing, the prosecuting officer shall document the refusal and inform the witness protection board forthwith that the witness has declined protective services. If a witness violates the terms of the memorandum of understanding set forth in section 6 or any other condition of receiving witness protection services under this chapter, the prosecuting officer may revoke and terminate all protective services, and shall so advise the witness in writing. The prosecuting officer shall notify the board forthwith of such revocation and grounds therefore.


CREDIT(S)


Added by St.2006, c. 48, § 1, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263A § 8


Effective: March 3, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263A. Witness Protection in Criminal Matters (Refs & Annos)

§ 8. Relocation of critical witness within public housing system


Notwithstanding any general or special law to the contrary, or any regulation, rule or ordinance, if a petition and plan for witness protection, approved by the board, requires relocation of a critical witness within the public housing system, such relocation shall be effectuated without regard to any impediment including, but not limited to, any existing waiting list.


CREDIT(S)


Added by St.2006, c. 48, § 1, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263A § 9


Effective: March 3, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263A. Witness Protection in Criminal Matters (Refs & Annos)

§ 9. Relocation of critical witness to another public school


Notwithstanding any general or special law to the contrary, or any regulation, rule or ordinance, if a petition and plan for witness protection, approved by the witness protection board, requires relocation of a critical witness to another public school within or without of the witness's current school system, such relocation shall be effectuated without regard to any impediment including, but not limited to, class capacity limits and jurisdictional boundaries of any given school district.


CREDIT(S)


Added by St.2006, c. 48, § 1, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263A § 10


Effective: March 3, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263A. Witness Protection in Criminal Matters (Refs & Annos)

§ 10. Entitlement or private right of action not available; governmental immunity


Nothing in this section shall be construed as creating a right, entitlement or cause of action on behalf of any person against any public employee, public agency, the commonwealth, or any agency responsible for the provision of services set forth in this chapter. The commonwealth, its officers and employees, and law enforcement personnel shall have immunity from suit based on any decision, act or omission related to this chapter.


CREDIT(S)


Added by St.2006, c. 48, § 1, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263A § 11


Effective: March 3, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263A. Witness Protection in Criminal Matters (Refs & Annos)

§ 11. Liaison with United States Marshal's office; pursuit of federal resources and funding


The board shall establish a liaison with the United States Marshal's office in order to facilitate the legal processes over which the federal government has sole authority. The liaison shall coordinate all requests for federal assistance relating to witness protection.


The board shall pursue all federal sources that may be available for implementing this chapter. For that purpose, the board shall establish a liaison with the United States Department of Justice.


The board shall, in conjunction with the executive office of administration and finance and the senate and house ways and means committees, establish procedures to maximize federal funding for witness protection services.


CREDIT(S)


Added by St.2006, c. 48, § 1, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263A § 12


Effective: March 3, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263A. Witness Protection in Criminal Matters (Refs & Annos)

§ 12. Confidentiality of records


Records of the board and all records relating to petitions and filed with the board shall be confidential and shall not be public records. Section 11A and section 11A   1/2 of chapter 30A shall not apply to meetings, discussions or deliberations of the board.


CREDIT(S)


Added by St.2006, c. 48, § 1, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 263A § 13


Effective: March 3, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 263A. Witness Protection in Criminal Matters (Refs & Annos)

§ 13. Disclosure of identity or location of witness or other sensitive information; penalties


(a) A prosecuting officer may disclose or refuse to disclose the identity or location of a protected witness, or any other matter concerning a protected witness or the program, after balancing the danger such disclosure may pose to the protected witness, the detriment it may cause to the general effectiveness of the program, and the benefit it may afford to the public or the person seeking discovery, except that a prosecuting officer shall, upon the request of a federal, state or local law enforcement official, or pursuant to a court order, disclose to such official the identity, location and criminal records relating to the protected witness when the prosecuting officer knows, or the request from such official indicates, that the protected witness is under criminal investigation for, or has been arrested for, or charged with, a felony.


(b) Whoever, without the express written authorization of the prosecuting officer, knowingly discloses any information received from the prosecuting officer or generated in connection with witness protection services and which poses a risk of harm: to a program participant; of disclosure of any person's participation in such program; or of jeopardizing the objectives of the program shall be punished by imprisonment in the house of correction for not more than 2   1/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment.   This section shall not apply to: any members of the board; members of the attorney general's office; members of the district attorneys' offices; law enforcement; or agents thereof, acting in the lawful discharge of their duties.


CREDIT(S)


Added by St.2006, c. 48, § 1, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 264, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 1. Treason defined


Treason against the commonwealth shall consist only in levying war against it, or in adhering to the enemies thereof, giving them aid and comfort; it shall not be bailable.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 2. Penalty for treason


Whoever commits treason against the commonwealth shall be punished by imprisonment in the state prison for life.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 3. Misprision of treason; penalty


Whoever, having knowledge of the commission of treason, conceals the same and does not as soon as may be disclose and make known such treason to the governor, or to a justice of the supreme judicial or superior court, shall be guilty of misprision of treason, and shall be punished by a fine of not more than one thousand dollars or by imprisonment in the state prison for not more than five years, or in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 4. Treason; manner of conviction


No person shall be convicted of treason except by the testimony of two witnesses to the same overt act of treason whereof he stands indicted, unless he confesses the same in open court.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 5. Flag; penalty for misuse


Whoever publicly burns or otherwise mutilates, tramples upon, defaces or treats contemptuously the flag of the United States or of Massachusetts, whether such flag is public or private property, or whoever displays such flag or any representation thereof upon which are words, figures, advertisements or designs, or whoever causes or permits such flag to be used in a parade as a receptacle for depositing or collecting money or any other article or thing, or whoever exposes to public view, manufactures, sells, exposes for sale, gives away or has in his possession for sale or to give away or for use for any purpose, any article or substance, being an article of merchandise or a receptacle of merchandise or articles upon which is attached, through a wrapping or otherwise, engraved or printed in any manner, a representation of the United States flag, or whoever uses any representation of the arms or the great seal of the commonwealth for any advertising or commercial purpose, shall be punished by a fine of not less than one hundred dollars or by imprisonment for not more than one year, or both. Words, figures, advertisements or designs attached to, or directly or indirectly connected with, such flag or any representation thereof in such manner that such flag or its representation is used to attract attention to or advertise such words, figures, advertisements or designs, shall for the purposes of this section be deemed to be upon such flag. Notwithstanding the foregoing, there may be attached to the staff bearing a flag of the United States or of Massachusetts belonging to an organization of veterans of the Civil War, to a camp of the United Spanish War Veterans, to a post or department of The American Legion, or to a post or department of the Veterans of Foreign Wars of the United States, or to a post or department of the Jewish War Veterans of the United States, or to a camp or department of the Sons of Union Veterans of the Civil War, or to a barracks or department of the Veterans of World War I of the U. S. A., or belonging to or used in the service of the United States or the commonwealth, a streamer having inscribed thereon the names of battles and the name and number of the organization to which such flag belongs. For the purposes of this section, a flag shall be deemed to continue to belong to any organization of veterans hereinbefore specified, although such organization has ceased to exist, during such time as it remains in the lawful ownership or custody of any other of the aforesaid organizations or of the commonwealth or of any political subdivision thereof, or of any patriotic or historical society incorporated under the laws of the commonwealth or determined by the adjutant general to be a proper custodian thereof. For the purposes of this section the term “flag of the United States” shall mean any flag which has been designated by Act or Resolution of the Congress of the United States as the national emblem, whether or not such designation is currently in force.


CREDIT(S)


Amended by St.1932, c. 298; St.1933, c. 153, § 3; St.1934, c. 56; St.1941, c. 117, § 1; St.1959, c. 59, § 4; St.1971, c. 74; St.1971, c. 655.



<The United States Supreme Court, in Smith v. Goguen, 415 U.S. 566, 94 S.Ct. 1242, held this section unconstitutional in part. See Notes of Decision, post.>



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 6. Flag; use in print in certain cases


The preceding section shall not apply to publications issued solely for the purpose of giving information in relation to the flag, or of promoting patriotism or of encouraging the study of American history, or to any newspaper, periodical, book, pamphlet, certificate, diploma, warrant, or commission of appointment to office, ornamental picture, article of jewelry, or stationery for use in correspondence, on which is printed, painted, or placed the flag of the United States not connected with any advertisement and not used for advertising purposes, or to any article of jewelry upon which is placed a representation of the arms or flag of the commonwealth not connected with any advertisement and not used for advertising purposes; but no words, figures, designs or other marks of any kind shall be placed upon the flag of the United States or of the commonwealth or representation thereof, or upon any representation of the arms of the commonwealth.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 7. Foreign flags; misuse; penalty


Whoever publicly mutilates, tramples upon, defaces or treats contemptuously the flag or emblem of a foreign country at peace with the United States, whether such flag or emblem is public or private property, or whoever displays such flag or emblem or any representation thereof upon which are words, figures, advertisements or designs, shall be punished by a fine of not less than five nor more than fifty dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 8. Foreign flag; display; penalty; exception


Whoever displays the flag or emblem of a foreign country upon the outside of a state, county, city or town building or public schoolhouse shall be punished by a fine of not more than twenty dollars; but, except as to public schoolhouses, this section shall not apply when a citizen of such foreign country becomes the guest of the United States or of the commonwealth, or when a diplomatic representative of a foreign country is a guest at said public building and, [FN1] if the governor by proclamation authorizes the flag of the country of which such guest is a citizen to be displayed upon public buildings.


CREDIT(S)


Amended by St.1998, c. 34.


[FN1] So in enrolled bill. Probably should read “, and”.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 9. National anthem; manner of playing


Whoever plays, sings or renders the “Star Spangled Banner” in any public place, theatre, motion picture hall, restaurant or café, or at any public entertainment, other than as a whole and separate composition or number, without embellishment or addition in the way of national or other melodies, or whoever plays, sings or renders the “Star Spangled Banner”, or any part thereof, as dance music, as an exit march or as a part of a medley of any kind, shall be punished by a fine of not more than one hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 10. Repealed, 1962, 285, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 10A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 10A. Uniforms; penalty for unlawful use


Whoever wears the uniform, or any distinctive part thereof, of the United States army, navy, marine corps, revenue cutter service, or coast guard, or of the national guard, or of any organization enumerated in section seventy of chapter two hundred and sixty-six, or wears a hat, cap or other apparel similar to or resembling the hat, cap or other distinctive part of any such uniform, while engaged, for personal profit, in soliciting alms, in selling merchandise or taking orders for the same, in seeking or receiving contributions in support of any cause, enterprise or undertaking or in soliciting or receiving subscriptions to any book, paper or magazine, shall be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than three months; provided, that this section shall not apply to the sale of property or any other act or transaction conducted under authority of the government of the United States, and provided further, that no person shall be subject to prosecution hereunder for wearing the uniform, or any distinctive part thereof, while engaged as aforesaid, of any organization enumerated in said section seventy if he so acted under authority of such organization or any post, camp or other unit thereof.


CREDIT(S)


Amended by St.1933, c. 276.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 11. Promotion of anarchy; prohibition


Whoever by speech or by exhibition, distribution or promulgation of any written or printed document, paper or pictorial representation advocates, advises, counsels or incites assault upon any public official, or the killing of any person, or the unlawful destruction of real or personal property, or the overthrow by force or violence or other unlawful means of the government of the commonwealth or of the United States, shall be punished by imprisonment in the state prison for not more than three years, or in jail for not more than two and one half years, or by a fine of not more than one thousand dollars; provided, that this section shall not be construed as reducing the penalty now imposed for the violation of any law. It shall be unlawful for any person who shall have been convicted of a violation of this section, whether or not any sentence shall have been imposed, to perform the duties of a teacher or of an officer of administration in any public or private educational institution, and the superior court, in a suit by the commonwealth, shall have jurisdiction in equity to restrain and enjoin any such person from performing such duties thereafter; provided, that any such restraining order or injunction shall be forthwith vacated if such conviction shall be set aside.


CREDIT(S)


Amended by St.1948, c. 160, § 1; St.1954, c. 584, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 12. Repealed, 1954, 584, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 13. Repealed, 1951, 805, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 14. Repealed, 1986, 30



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 14A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 14A. Educational activities; participation; exchange teachers; necessity of oath


Any city or town of the commonwealth may, through its school committee, participate in the educational activities under the United States Educational Program conducted by the department of state pursuant to Public Law 584, 79th Congress, and Public Law 402, 80th Congress, whereby there is an interchange of teaching positions between a teacher of such city or town and a teacher from abroad under an arrangement or agreement which provides that each teacher shall continue to receive his salary from his own school. The salary may be paid by such city or town notwithstanding that the teacher to whom it is paid is not actually rendering service within the schools thereof. The exchange teacher from abroad shall not be required to take or subscribe to any oaths or pledge of allegiance which is inconsistent with his citizenship in a foreign country.


CREDIT(S)


Added by St.1954, c. 677.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 15. Repealed, 1986, 30



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 16. Subversive organization defined


The term “subversive organization” as used in sections seventeen, eighteen, nineteen, twenty-one, twenty-two and twenty-three of this chapter shall mean any form of association of three or more persons, however named or characterized, and by whatever legal or non-legal entity or non-entity it be established, and whether incorporated or otherwise for the common purpose of advocating, advising, counseling or inciting the overthrow by force or violence, or by other unlawful means, of the government of the commonwealth or of the United States.


CREDIT(S)


Added by St.1951, c. 805, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 16A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 16A. Communist Party


The Communist Party is hereby declared to be a subversive organization.


CREDIT(S)


Added by St.1951, c. 805, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 17


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 17. Subversive organizations; prohibition


A subversive organization is hereby declared to be unlawful.


CREDIT(S)


Added by St.1951, c. 805, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 18. Subversive organizations; actions to enjoin; duty of attorney general


The attorney general shall bring an action in the superior court by an information or petition in equity against any organization which he has reasonable cause to believe is a subversive organization. The fact that such information or petition has been or is to be filed shall not be made public until an order of notice, hereinafter referred to, is issued.


A justice of the superior court shall, upon a summary examination of the information or petition and such supporting depositions, other testimony or evidence as he may require, if he is of the opinion that there is reasonable cause to believe that such organization is subversive, issue an order of notice against such organization to show cause why there should not be an adjudication to that effect. Notice of such order of notice shall be sent by registered mail to such officers of such organization as are known to the court, and to any other persons, including members, as the court may order, at least fourteen days before the return day of said order of notice. Notice of such order shall also be given by publication once each week for two successive weeks in a daily newspaper published in the city of Boston. Any officer or member of any such organization or its attorney may appear and answer on its behalf on or before the return day or such later time as the court may allow. The respondent shall have the right to claim a trial by jury within the time allowed for filing its answer or within such further time as the court may allow within its discretion. If no person appears and answers the court may on its own motion or upon motion of the petitioner default the organization. If an appearance is entered and answer filed the case shall be set down for a speedy hearing.


Such hearing shall be conducted in accordance with the usual course of proceedings in equity, including all rights of exception and appeal. Upon such hearing or upon default the court may make an adjudication that the organization is a subversive organization and may enjoin such organization from acting further as such, may order the dissolution of the organization and shall cause the secretary of state to be notified of the finding of the court; provided, however, that the effectiveness of any such adjudication, injunction and order shall be stayed pending determination by the supreme judicial court of any exceptions or appeals; or the court may find that the organization is not a subversive organization. Upon any final determination that the organization is subversive notice thereof shall be published by the secretary of state once each week for two successive weeks in a daily newspaper published in the city of Boston and the court shall order any funds or property of such organization turned over to the treasurer of the commonwealth which shall then be considered escheated. The fact that proceedings have begun or findings or decision made under this section shall not be admissible in evidence in any action brought under the provisions of sections eleven, nineteen, twenty-one or twenty-three.


CREDIT(S)


Added by St.1951, c. 805, § 3. Amended by St.1952, c. 380.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 19


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 19. Subversive organization; knowingly becoming or remaining member; penalty


Any person who becomes or remains a member of any organization knowing it to be a subversive organization shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two and one half years or by a fine of not more than one thousand dollars, provided that this section shall not be construed as reducing the penalty now imposed for the violation of any law.


CREDIT(S)


Added by St.1951, c. 805, § 3. Amended by St.1954, c. 584, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 20


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 20. Public office; ineligibility of certain persons; removal of disability


No person who has been convicted of a violation of the provisions of section eleven, nineteen or twenty-three shall be eligible to election or appointment to any public office, or employment, nor as a teacher in any public or private educational institution, nor shall any person continue to hold any such office after final conviction. The superior court on petition of the attorney general shall have jurisdiction in equity to restrain and enjoin any such person from performing such duties thereafter and to prevent any such person's name being placed on any ballot for election to any office. The court may upon petition in its discretion after a lapse of five years from the date of final conviction under sections eleven, nineteen or twenty-three remove the disability if in its opinion such person can then be adjudged to be loyal to the government of the commonwealth and the United States.


CREDIT(S)


Added by St.1951, c. 805, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 21


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 21. Subversive organizations; destruction or concealment of books; penalty


Whoever destroys or conceals books, records, files, membership lists or funds belonging to an organization which he knows to be a subversive organization shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two and one half years or by a fine of not more than one thousand dollars; provided, that this section shall not be construed as reducing the penalty now imposed for the violation of any law.


CREDIT(S)


Added by St.1951, c. 805, § 3. Amended by St.1954, c. 584, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 22


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 22. Subversive organization; knowingly permitting to use building; penalty


Whoever being in charge of an auditorium, hall or other building shall knowingly permit it to be used by the Communist Party or by an organization which has been adjudicated a subversive organization under the provisions of section eighteen shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.


CREDIT(S)


Added by St.1951, c. 805, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 264 § 23


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 264. Crimes Against Governments (Refs & Annos)

§ 23. Subversive organizations; contribution; penalty


Whoever contributes money or any other property having a value in money to an organization which he knows to be a subversive organization shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two and one half years or by a fine of not more than one thousand dollars.


CREDIT(S)


Added by St.1951, c. 805, § 3. Amended by St.1954, c. 584, § 5.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 265, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 1. Murder defined


Murder committed with deliberately premeditated malice aforethought, or with extreme atrocity or cruelty, or in the commission or attempted commission of a crime punishable with death or imprisonment for life, is murder in the first degree. Murder which does not appear to be in the first degree is murder in the second degree. Petit treason shall be prosecuted and punished as murder. The degree of murder shall be found by the jury.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 2. Punishment for murder; parole; executive clemency


Whoever is guilty of murder committed with deliberately premeditated malice aforethought or with extreme atrocity or cruelty, and who had attained the age of eighteen years at the time of the murder, may suffer the punishment of death pursuant to the procedures set forth in sections sixty-eight to seventy-one, inclusive, of chapter two hundred and seventy-nine. Any other person who is guilty of murder in the first degree shall be punished by imprisonment in the state prison for life. Whoever is guilty of murder in the second degree shall be punished by imprisonment in state prison for life. No person shall be eligible for parole under section one hundred and thirty-three A of chapter one hundred and twenty-seven while he is serving a life sentence for murder in the first degree, but if his sentence is commuted therefrom by the governor and council under the provisions of section one hundred and fifty-two of said chapter one hundred and twenty-seven he shall thereafter be subject to the provisions of law governing parole for persons sentenced for lesser offenses.


CREDIT(S)


Amended by St.1951, c. 203; St.1955, c. 770, § 78; St.1956, c. 731, § 12; St.1979, c. 488, § 2; St.1982, c. 554, § 3.


VALIDITY


<The Massachusetts Supreme Judicial Court, in Com. v. Colon-Cruz, 470 N.E.2d 116, held the death penalty provisions of the punishment for murder law unconstitutional. The provisions of the law not related to the death penalty were held severable and valid. See Notes of Decisions, post.>



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 3. Duel; wound without and death within state; venue


An inhabitant or resident of this commonwealth who, by previous appointment or engagement made within the same, fights a duel outside its jurisdiction, and in so doing inflicts a mortal wound upon a person whereof he dies within the commonwealth shall be guilty of murder within this commonwealth, and may be indicted, tried and convicted in the county where the death occurs.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 4. Accessory in duel


An inhabitant or resident of this commonwealth who, by previous appointment or engagement made within the same, becomes the second of either party in such duel and is present as a second when a mortal wound is inflicted upon a person whereof he dies within this commonwealth shall be an accessory before the fact to murder in this commonwealth, and may be indicted, tried and convicted in the county where the death occurs.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 5. Duel; conviction or acquittal in foreign state; effect


A person indicted under either of the two preceding sections may plead a former conviction or acquittal of the same crime in any other state or country; and if his plea is admitted or established, it shall be a bar to all further proceedings against him for the same crime within this commonwealth.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§§ 6 to 8. Repealed, 1962, 285, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§§ 6 to 8. Repealed, 1962, 285, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 9. Prize fighting; engaging


Whoever, except as provided in sections thirty-two to fifty, inclusive, of chapter one hundred and forty-seven, by previous appointment or arrangement, engages in a fight with another person shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than five thousand dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 10. Prize fight; aiding or promoting; penalty


Whoever, except as provided in sections thirty-two to fifty, inclusive, of chapter one hundred and forty-seven, is present at such fight as an aid, second or surgeon, or advises, encourages or promotes such fight, shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars and by imprisonment in jail for not more than two and one half years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 11. Prize fight; appointment within and fight without state; penalty


An inhabitant or resident of this commonwealth who, by previous appointment or engagement made in the same, leaves the same and engages in a fight with another person outside the limits thereof shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than five thousand dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 12


Effective: February 28, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 12. Boxing, kickboxing, mixed martial arts or other unarmed combative sporting matches or sparring exhibitions; penalty


Whoever directly or indirectly, except as provided in sections 32 to 50A, inclusive, of chapter 147, gives, promotes or engages in a public boxing, kickboxing, mixed martial arts or other unarmed combative sporting match or sparring exhibition, or engages in a private boxing, kickboxing, mixed martial arts or other unarmed combative sporting event match or sparring exhibition, for which the contestants have received or have been promised any pecuniary reward, remuneration or consideration whatsoever shall be punished by imprisonment in the house of corrections for not more than 3 months or by a fine of not more than $5,000, or both such fine and imprisonment.


CREDIT(S)


Amended by St.2009, c. 169, § 15, eff. Feb. 28, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13


Effective: July 15, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13. Manslaughter; punishment


Whoever commits manslaughter shall, except as hereinafter provided, be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more than one thousand dollars and imprisonment in jail or a house of correction for not more than two and one half years. Whoever commits manslaughter while violating the provisions of sections 102 to 102C, inclusive, of chapter 266 shall be imprisoned in the state prison for life or for any term of years.


CREDIT(S)


Amended by St.1971, c. 426; St.2010, c. 160, § 5, eff. July 15, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13 1/2


Effective: October 28, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13   1/2 . Punishment for manslaughter while operating a motor vehicle


Whoever commits manslaughter while operating a motor vehicle in violation of paragraph (a) of subdivision (1) of section 24 of chapter 90 or section 8A of chapter 90B, shall be punished by imprisonment in the state prison for not less than 5 years and not more than 20 years, and by a fine of not more than $25,000. The sentence of imprisonment imposed upon such person shall not be reduced to less than 5 years, nor suspended, nor shall any such person be eligible for probation, parole or furlough or receive a deduction from his sentence for good conduct until he shall have served 5 years of such sentence. The commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this section a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to engage in employment pursuant to a work release program. Upon receipt of notice of a conviction under this section, the registrar may suspend the license or right to operate of such person for any extended period up to life, provided that such suspension be at least a 15 year period. A person aggrieved by a decision of the registrar pursuant to this section may file an appeal in the superior court of the trial court department. If the court determines that the registrar abused his discretion, the court may vacate the suspension or revocation of a license or right to operate and reduce the period of suspension or revocation as ordered by the registrar, but in no event may the reduced period of suspension be for less than 15 years.


CREDIT(S)


Added by St.2005, c. 122, § 20, eff. Oct. 28, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13A


Effective: May 22, 2002


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13A. Assault or assault and battery; punishment


(a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 2   1/2 years in a house of correction or by a fine of not more than $1,000.


A summons may be issued instead of a warrant for the arrest of any person upon a complaint for a violation of any provision of this subsection if in the judgment of the court or justice receiving the complaint there is reason to believe that he will appear upon a summons.


(b) Whoever commits an assault or an assault and battery:


(i) upon another and by such assault and battery causes serious bodily injury;


(ii) upon another who is pregnant at the time of such assault and battery, knowing or having reason to know that the person is pregnant; or


(iii) upon another who he knows has an outstanding temporary or permanent vacate, restraining or no contact order or judgment issued pursuant to section 18, section 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 or 20 of chapter 209C, in effect against him at the time of such assault or assault and battery; shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 2   1/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.


(c) For the purposes of this section, “serious bodily injury” shall mean bodily injury that results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.


CREDIT(S)


Added by St.1943, c. 259, § 1. Amended by St.1945, c. 230; St.2002, c. 35, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13B


Effective: October 22, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13B. Indecent assault and battery on child under age of 14; penalties


Whoever commits an indecent assault and battery on a child under the age of 14 shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2   1/2 years. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.


In a prosecution under this section, a child under the age of 14 years shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted.


CREDIT(S)


Added by St.1953, c. 299; Amended by St.1958, c. 189; St.1980, c. 459, § 4; St.1986, c. 187; St.1998, c. 194, § 236; St.2008, c. 205, § 1, eff. Oct. 22, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13B 1/2


Effective: October 22, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13B   1/2 . Commission of indecent assault and battery on a child under the age of 14 during commission of certain offenses or by mandated reporters; penalties


Whoever commits an indecent assault and battery on a child under the age of 14 and:


(a) the indecent assault and battery was committed during the commission or attempted commission of the following offenses:-- (1) armed burglary as set forth in section 14 of chapter 266; (2) unarmed burglary as set forth in section 15 of said chapter 266; (3) breaking and entering as set forth in section 16 of said chapter 266; (4) entering without breaking as set forth in section 17 of said chapter 266; (5) breaking and entering into a dwelling house as set forth in section 18 of said chapter 266; (6) kidnapping as set forth in section 26 of chapter 265; (7) armed robbery as set forth in section 17 of said chapter 265; (8) unarmed robbery as set forth in section 19 of said chapter 265; (9) assault and battery with a dangerous weapon or assault with a dangerous weapon, as set forth in sections 15A and 15B of said chapter 265; (10) home invasion as set forth in section 18C of said chapter 265; or (11) posing or exhibiting child in state of nudity or sexual conduct as set forth in section 29A of chapter 272; or


(b) at the time of commission of said indecent assault and battery, the defendant was a mandated reporter as is defined in section 21 of chapter 119, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 10 years. The sentence imposed on such person shall not be reduced to less than 10 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 10 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.


In a prosecution under this section, a child under the age of 14 years shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted.


CREDIT(S)


Added by St.2008, c. 205, § 1, eff. Oct. 22, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13B 3/4


Effective: October 22, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13B   3/4 . Commission of indecent assault and battery on a child under the age of 14 by certain previously convicted offenders; penalties


Whoever commits an indecent assault and battery on a child under the age of 14 and has been previously convicted of or adjudicated delinquent or as a youthful offender for: indecent assault and battery on a child under 14 as set forth in section 13B; aggravated indecent assault and battery on a child under 14 as set forth in section 13B   1/2; indecent assault and battery on a person 14 or older as set forth in section 13H; assault of a child with intent to commit rape as set forth in section 24B; rape of a child with force as set forth in section 22A; aggravated rape of a child with force as set forth in section 22B; rape and abuse of a child as set forth in section 23; aggravated rape and abuse of a child as set forth in section 23A; rape as set forth in section 22 or; a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years. The sentence imposed on such person shall not be reduced to less than 15 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release or furlough or receive any deduction from his sentence for good conduct until he shall have served 15 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.


In any prosecution commenced pursuant to this section, introduction into evidence of a prior adjudication or conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant's biographical and informational data from records of the department of probation, any jail or house of correction or the department of correction shall be prima facie evidence that the defendant before the court had been convicted previously by a court of the commonwealth or any other jurisdiction. Such documentation shall be self-authenticating and admissible, after the commonwealth has established the defendant's guilt on the primary offense, as evidence in any court of the commonwealth to prove the defendant's commission of any prior conviction described therein. The commonwealth shall not be required to introduce any additional corroborating evidence or live witness testimony to establish the validity of such prior conviction.


CREDIT(S)


Added by St.2008, c. 205, § 1, eff. Oct. 22, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13C. Assault and battery to collect loan; penalty


Whoever commits an assault and battery upon another for the purpose of collecting a loan shall for the first offense be punished by imprisonment in the state prison for not less than three nor more than five years or by imprisonment for not more than two and one half years in a jail or house of correction; and for a second or subsequent offense, by imprisonment in the state prison for not less than five nor more than ten years. Except in the case of a conviction for the first offense for violation of this section, the imposition or execution of the sentence shall not be suspended and no probation or parole shall be granted until the minimum imprisonment herein provided for the offense shall have been served.


CREDIT(S)


Added by St.1967, c. 226.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13D


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13D. Assault and battery upon public employees; penalty


Whoever commits an assault and battery upon any public employee when such person is engaged in the performance of his duties at the time of such assault and battery, shall be punished by imprisonment for not less than ninety days nor more than two and one-half years in a house of correction or by a fine of not less than five hundred nor more than five thousand dollars.


CREDIT(S)


Added by St.1969, c. 359. Amended by St.1973, c. 839; St.1975, c. 680; St.1983, c. 100; St.1985, c. 153; St.1985, c. 555; St.1988, c. 285; St.1990, c. 498.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13D 1/2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13D   1/2 . Firefighters, injuries resulting from criminal offenses; penalty


Whoever commits an offense set forth in section one, two, five or seven of chapter two hundred and sixty-six where said offense results in injury to a firefighter in the performance of his duty, shall be punished by imprisonment in the state prison for not more than ten years, or by a fine of not more than one thousand dollars and imprisonment in a jail or house of correction for not more than two and one-half years.


CREDIT(S)


Added by St.1990, c. 300.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13E


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13E. Repealed, 1971, 1011, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13F


Effective: November 2, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13F. Indecent assault and battery on a person with an intellectual disability; assault and battery


Whoever commits an indecent assault and battery on a person with an intellectual disability knowing such person to have an intellectual disability shall for the first offense be punished by imprisonment in the state prison for not less than five years or not more than ten years; and for a second or subsequent offense, by imprisonment in the state prison for not less than ten years. Except in the case of a conviction for the first offense for violation of this section, the imposition or execution of the sentence shall not be suspended, and no probation or parole shall be granted until the minimum imprisonment herein provided for the offense shall have been served. This section shall not apply to the commission of an indecent assault and battery by a person with an intellectual disability upon another person with an intellectual disability.


Whoever commits an assault and battery on a person with an intellectual disability knowing such person to have an intellectual disability shall for the first offense be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than five years; and, for a second or subsequent offense, by imprisonment in the state prison for not more than ten years. This section shall not apply to the commission of an assault and battery by a mentally retarded person upon another mentally retarded person.


CREDIT(S)


Added by St.1973, c. 468. Amended by St.1992, c. 374; St.2010, c. 239, § 71, 72, eff. Nov. 2, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13G


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13G. Commission of a felony for hire; additional punishment


Whoever, for the payment of consideration or for the promise of the payment of such consideration, commits a felony, shall be punished by imprisonment in the state prison for not more than five years. The punishment imposed by this section shall be in addition to the punishment provided by law for the commission of a felony so committed.


CREDIT(S)


Added by St.1973, c. 618. Renumbered by St.1974, c. 302.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13H


Effective: July 7, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13H. Indecent assault and battery on person fourteen or older; penalties


Whoever commits an indecent assault and battery on a person who has attained age fourteen shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction.


Whoever commits an indecent assault and battery on an elder or person with a disability, as defined in section 13K, shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2   1/2 years, and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for not more than 20 years. A prosecution commenced under this paragraph shall not be placed on file nor continued without a finding.


CREDIT(S)


Added by St.1980, c. 459, § 5. Amended by St.2004, c. 501, § 2, eff. April 11, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13I


Effective: July 2, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13I. Assault or assault and battery on emergency medical technician, ambulance operator, ambulance attendant or health care provider


Whoever commits an assault or an assault and battery on an emergency medical technician, an ambulance operator, an ambulance attendant or a health care provider as defined in section 1 of chapter 111, while the technician, operator, attendant or provider is treating or transporting a person in the line of duty, shall be punished by imprisonment in the house of correction for not less than 90 days nor more than 2 and one-half years or by a fine of not less than $500 nor more than $5,000, or both.


CREDIT(S)


Added by St.1985, c. 347. Amended by St.1989, c. 464; St.2010, c. 151, eff. July 2, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13J


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13J. Assault and battery upon a child; penalties


(a) For the purposes of this section, the following words shall, unless the context indicates otherwise, have the following meanings:--


“Bodily injury”, substantial impairment of the physical condition including any burn, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result of repeated harm to any bodily function or organ including human skin or any physical condition which substantially imperils a child's health or welfare.


“Child”, any person under fourteen years of age.


“Person having care and custody”, a parent, guardian, employee of a home or institution or any other person with equivalent supervision or care of a child, whether the supervision is temporary or permanent.


“Substantial bodily injury”, bodily injury which creates a permanent disfigurement, protracted loss or impairment of a function of a body member, limb or organ, or substantial risk of death.


(b) Whoever commits an assault and battery upon a child and by such assault and battery causes bodily injury shall be punished by imprisonment in the state prison for not more than five years or imprisonment in the house of correction for not more than two and one-half years.


Whoever commits an assault and battery upon a child and by such assault and battery causes substantial bodily injury shall be punished by imprisonment in the state prison for not more than fifteen years or imprisonment in the house of correction for not more than two and one-half years.


Whoever, having care and custody of a child, wantonly or recklessly permits bodily injury to such child or wantonly or recklessly permits another to commit an assault and battery upon such child, which assault and battery causes bodily injury, shall be punished by imprisonment for not more than two and one-half years in the house of correction.


Whoever, having care and custody of a child, wantonly or recklessly permits substantial bodily injury to such child or wantonly or recklessly permits another to commit an assault and battery upon such child, which assault and battery causes substantial bodily injury, shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment in a jail or house of correction for not more than two and one-half years.


CREDIT(S)


Added by St.1993, c. 340, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13K


Effective: April 11, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13K. Assault and battery upon an elderly or disabled person; definitions; penalties


(a) For the purpose of this section the following words shall, unless the context requires otherwise, have the following meanings:--


“Abuse”, physical contact which either harms or creates a substantial likelihood of harm.


“Bodily injury”, substantial impairment of the physical condition, including, but not limited to, any burn, fracture of any bone, subdural hematoma, injury to any internal organ, or any injury which occurs as the result of repeated harm to any bodily function or organ, including human skin.


“Caretaker”, a person with responsibility for the care of an elder or person with a disability, which responsibility may arise as the result of a family relationship, or by a fiduciary duty imposed by law, or by a voluntary or contractual duty undertaken on behalf of such elder or person with a disability. A person may be found to be a caretaker under this section only if a reasonable person would believe that such person's failure to fulfill such responsibility would adversely affect the physical health of such elder or person with a disability. Minor children and adults adjudicated incompetent by a court of law may not be deemed to be caretakers under this section.


(i) “Responsibility arising from a family relationship”, it may be inferred that a husband, wife, son, daughter, brother, sister, or other relative of an elder or person with a disability is a caretaker if the person has provided primary and substantial assistance for the care of the elder or person with a disability as would lead a reasonable person to believe that failure to provide such care would adversely affect the physical health of the elder or person with a disability.


(ii) “Responsibility arising from a fiduciary duty imposed by law”, it may be inferred that the following persons are caretakers of an elder or person with a disability to the extent that they are legally required to apply the assets of the estate of the elder or person with a disability to provide the necessities essential for the physical health of the elder or person with a disability: (i) a guardian of the person or assets of an elder or person with a disability; (ii) the conservator of an elder or person with a disability, appointed by the probate court pursuant to chapter two hundred and one; and (iii) an attorney-in-fact holding a power of attorney or durable power of attorney pursuant to chapter two hundred and one B.


(iii) “Responsibility arising from a contractual duty”, it may be inferred that a person who receives monetary or personal benefit or gain as a result of a bargained-for agreement to be responsible for providing primary and substantial assistance for the care of an elder or person with a disability is a caretaker.


(iv) “Responsibility arising out of the voluntary assumption of the duties of caretaker”, it may be inferred that a person who has voluntarily assumed responsibility for providing primary and substantial assistance for the care of an elder or person with a disability is a caretaker if the person's conduct would lead a reasonable person to believe that failure to provide such care would adversely affect the physical health of the elder or person with a disability, and at least one of the following criteria is met: (i) the person is living in the household of the elder or person with a disability, or present in the household on a regular basis; or (ii) the person would have reason to believe, as a result of the actions, statements or behavior of the elder or person with a disability, that he is being relied upon for providing primary and substantial assistance for physical care.


“Elder”, a person sixty years of age or older.


“Mistreatment”, the use of medications or treatments, isolation, or physical or chemical restraints which harms or creates a substantial likelihood of harm.


“Neglect”, the failure to provide treatment or services necessary to maintain health and safety and which either harms or creates a substantial likelihood of harm.


“Person with disability”, a person with a permanent or long-term physical or mental impairment that prevents or restricts the individual's ability to provide for his or her own care or protection.


“Serious bodily injury”, bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ, or substantial risk of death.


(a   1/2 ) Whoever commits an assault and battery upon an elder or person with a disability shall be punished by imprisonment in the state prison for not more than 3 years or by imprisonment in a house of correction for not more than 2   1/2 years, or by a fine of not more than $1,000, or both such fine and imprisonment.


(b) Whoever commits an assault and battery upon an elder or person with a disability and by such assault and battery causes bodily injury shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars or by both such fine and imprisonment.


(c) Whoever commits an assault and battery upon an elder or person with a disability and by such assault and battery causes serious bodily injury shall be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than two and one-half years or by a fine of not more than five thousand dollars or by both such fine and imprisonment.


(d) Whoever, being a caretaker of an elder or person with a disability, wantonly or recklessly permits bodily injury to such elder or person with a disability, or wantonly or recklessly permits another to commit an assault and battery upon such elder or person with a disability which assault and battery causes bodily injury, shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not more than two and one-half years or by a fine of not more than five thousand dollars or by both such fine and imprisonment.


(d   1/2 ) Whoever, being a caretaker of an elder or person with a disability, wantonly or recklessly commits or permits another to commit abuse, neglect or mistreatment upon such elder or person with a disability, shall be punished by imprisonment in the state prison for not more than 3 years, or imprisonment in the house of correction for not more than 2   1/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.


(e) Whoever, being a caretaker of an elder or person with a disability, wantonly or recklessly permits serious bodily injury to such elder or person with a disability, or wantonly or recklessly permits another to commit an assault and battery upon such elder or person with a disability which assault and battery causes serious bodily injury, shall be punished by imprisonment in the state prison for not more than ten years or by imprisonment in the house of correction for not more than two and one-half years or by a fine of not more than ten thousand dollars or by both such fine and imprisonment.


(f) Conduct shall not be construed to be wanton or reckless conduct under this section if directed by a competent elder or person with a disability, or for the sole reason that, in lieu of medical treatment, an elder or person with a disability is being furnished or relies upon treatment by spiritual means through prayer if such treatment is in accordance with the tenets and practices of the established religious tradition of such elder or person with a disability, and is provided at the direction of such elder or person with a disability, who shall be competent, or pursuant to the direction of a person who is properly designated a health care proxy under chapter two hundred and one D.


CREDIT(S)


Added by St.1995, c. 297, § 4. Amended by St.2004, c. 501, §§ 3 to 8, eff. April 11, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13L


Effective: November 5, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13L. Wanton or reckless behavior creating a risk of serious bodily injury or sexual abuse to a child; duty to act; penalty


For the purposes of this section, the following words shall have the following meanings:--


“Child”, any person under 18 years of age.


“Serious bodily injury”, bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ, or substantial risk of death.


“Sexual abuse”, an indecent assault and battery on a child under 14 under section 13B of chapter 265; aggravated indecent assault and battery on a child under 14 under section 13B   1/2 of said chapter 265; a repeat offense under section 13B   3/4 of said chapter 265; indecent assault and battery on a person age 14 or over under section 13H of said chapter 265; rape under section 22 of said chapter 265; rape of a child under 16 with force under section 22A of said chapter 265; aggravated rape of a child under 16 with force under section 22B of said chapter 265; a repeat offense under section 22C of said chapter 265; rape and abuse of a child under section 23 of said chapter 265; aggravated rape and abuse of a child under section 23A of said chapter 265; a repeat offense under section 23B of said chapter 265; assault with intent to commit rape under section 24 of said chapter 265; and assault of a child with intent to commit rape under section 24B of said chapter 265.


Whoever wantonly or recklessly engages in conduct that creates a substantial risk of serious bodily injury or sexual abuse to a child or wantonly or recklessly fails to take reasonable steps to alleviate such risk where there is a duty to act shall be punished by imprisonment in the house of correction for not more than 2   1/2 years.


For the purposes of this section, such wanton or reckless behavior occurs when a person is aware of and consciously disregards a substantial and unjustifiable risk that his acts, or omissions where there is a duty to act, would result in serious bodily injury or sexual abuse to a child. The risk must be of such nature and degree that disregard of the risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.


CREDIT(S)


Added by St.2002, c. 322, § 2. Amended by St.2010, c. 267, §§ 52 to 54, eff. Nov. 5, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 13M


Effective: January 16, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 13M. Assault and battery on a family or household member; second or subsequent offense; penalty


Whoever is convicted of a second or subsequent offense of assault or assault and battery on a family or household member shall be punished by imprisonment in the house of correction for not more than 2   1/2 years or by imprisonment in the state prison for not more than 5 years. For the purposes of this section, "family or household member" shall be limited to persons who: (a) are married to each other or were married to each other within the 5 years preceding the date of the alleged offense; (b) are residing together in the same household or were residing together in the same household within the 5 years preceding the date of the alleged offense; (c) are related by blood; (d) have a child in common; or (e) are or have been in a substantive dating or engagement relationship within the 5 years preceding the date of the alleged offense; provided, however, that in determining that relationship, the court shall consider the following factors: (1) the length of time of the relationship; (2) the type of relationship; (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated by either person, the length of time that has elapsed since the termination of the relationship.


CREDIT(S)


Added by St.2008, c. 534, eff. Jan. 16, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 14. Mayhem; punishment


Whoever, with malicious intent to maim or disfigure, cuts out or maims the tongue, puts out or destroys an eye, cuts or tears off an ear, cuts, slits or mutilates the nose or lip, or cuts off or disables a limb or member, of another person, and whoever is privy to such intent, or is present and aids in the commission of such crime, or whoever, with intent to maim or disfigure, assaults another person with a dangerous weapon, substance or chemical, and by such assault disfigures, cripples or inflicts serious or permanent physical injury upon such person, and whoever is privy to such intent, or is present and aids in the commission of such crime, shall be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two and one half years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 15. Assault; intent to murder or maim; penalty


Whoever assaults another with intent to commit murder, or to maim or disfigure his person in any way described in the preceding section, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two and one half years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 15A


Effective: May 22, 2002


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 15A. Assault and battery with dangerous weapon; victim sixty or older; punishment; subsequent offenses


(a) Whoever commits assault and battery upon a person sixty years or older by means of a dangerous weapon shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars or imprisonment in jail for not more than two and one-half years.


Whoever, after having been convicted of the crime of assault and battery upon a person sixty years or older, by means of a dangerous weapon, commits a second or subsequent such crime, shall be punished by imprisonment for not less than two years. Said sentence shall not be reduced until two years of said sentence have been served nor shall the person convicted be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served two years of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection.


(b) Whoever commits an assault and battery upon another by means of a dangerous weapon shall be punished by imprisonment in the state prison for not more than 10 years or in the house of correction for not more than 2   1/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.


(c) Whoever:


(i) by means of a dangerous weapon, commits an assault and battery upon another and by such assault and battery causes serious bodily injury;


(ii) by means of a dangerous weapon, commits an assault and battery upon another who is pregnant at the time of such assault and battery, knowing or having reason to know that the person is pregnant;


(iii) by means of a dangerous weapon, commits an assault and battery upon another who he knows has an outstanding temporary or permanent vacate, restraining or no contact order or judgment issued pursuant to section 18, section 34B or section 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 or 20 of chapter 209C, in effect against him at the time of such assault and battery; or


(iv) is 17 years of age or older and, by means of a dangerous weapon, commits an assault and battery upon a child under the age of 14;


shall be punished by imprisonment in the state prison for not more than 15 years or in the house of correction for not more than 2   1/2 years, or by a fine of not more than $10,000, or by both such fine and imprisonment.


(d) For the purposes of this section, “serious bodily injury” shall mean bodily injury which results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.


CREDIT(S)


Amended by St.1981, c. 678, § 1; St.1995, c. 297, § 5; St.2002, c. 35, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 15B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 15B. Assault with dangerous weapon; victim sixty or older; punishment; subsequent offenses


(a) Whoever, by means of a dangerous weapon, commits an assault upon a person sixty years or older, shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars or imprisonment in jail for not more than two and one-half years.


Whoever, after having been convicted of the crime of assault upon a person sixty years or older, by means of a dangerous weapon, commits a second or subsequent such crime, shall be punished by imprisonment for not less than two years. Said sentence shall not be reduced until one year of said sentence has been served nor shall the person convicted be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served one year of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relative to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection.


For the purposes of prosecution, a conviction obtained under subsection (a) of section fifteen A or paragraph (a) of section 18 shall count as a prior criminal conviction for the purpose of prosecution and sentencing as a second or subsequent conviction.


(b) Whoever, by means of a dangerous weapon, commits an assault upon another shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars or imprisonment in jail for not more than two and one-half years.


CREDIT(S)


Added by St.1955, c. 112. Amended by St.1981, c. 678, § 2; St.1995, c. 297, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 15C


Effective: July 13, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 15C. Assault by means of hypodermic syringe or needle; assault and battery by means of hypodermic syringe or needle


(a) Whoever commits an assault upon another, by means of a hypodermic syringe, hypodermic needle, or any instrument adapted for the administration of controlled or other substances by injection, shall be punished by imprisonment in the state prison for not more than 10 years or in the house of correction for not more than 2   1/2  years, or by a fine of not more than $1,000, or by both such fine and imprisonment.


(b) Whoever commits an assault and battery upon another, by means of a hypodermic syringe, hypodermic needle, or any instrument adapted for the administration of controlled or other substances by injection, shall be punished by imprisonment in the state prison for not more than 15 years or in the house of correction for not more than 2   1/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.


CREDIT(S)


Added by St.2006, c. 172, § 12, eff. July 13, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 16. Attempt to murder


Whoever attempts to commit murder by poisoning, drowning or strangling another person, or by any means not constituting an assault with intent to commit murder, shall be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two and one half years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 17


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 17. Armed robbery; punishment


Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years; provided, however, that any person who commits any offence described herein while masked or disguised or while having his features artificially distorted shall, for the first offence be sentenced to imprisonment for not less than five years and for any subsequent offence for not less than ten years. Whoever commits any offense described herein while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years. Any person who commits a subsequent offense while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than 15 years.


CREDIT(S)


Amended by St.1943, c. 250, § 1; St.1952, c. 406, § 1; St.1998, c. 180, § 50.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 18. Assault with intent to rob or murder; weapons; punishment; victim sixty years or older; minimum sentence for repeat offenders


(a) Whoever, being armed with a dangerous weapon, assaults a person sixty years or older with intent to rob or murder shall be punished by imprisonment in the state prison for not more than twenty years. Whoever commits any offense described herein while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than ten years.


Whoever, after having been convicted of the crime of assault upon a person sixty years or older with intent to rob or murder while being armed with a dangerous weapon, commits a second or subsequent such crime, shall be punished by imprisonment for not less than two years. Said sentence shall not be reduced until two years of said sentence have been served nor shall the person convicted be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served two years of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection. Whoever, after having been convicted of the crime of assault upon a person 60 years or older with intent to rob or murder while armed with a firearm, shotgun, rifle, machine gun or assault weapon commits a second or subsequent such crime shall be punished by imprisonment in the state prison for not less than 20 years.


(b) Whoever, being armed with a dangerous weapon, assaults another with intent to rob or murder shall be punished by imprisonment in the state prison for not more than twenty years. Whoever, being armed with a firearm, shotgun, rifle, machine gun or assault weapon assaults another with intent to rob or murder shall be punished by imprisonment in state prison for not less than five years and not more than 20 years.


CREDIT(S)


Amended by St.1981, c. 678, § 3; St.1995, c. 297, § 7; St.1998, c. 180, §§ 51 to 53.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 18A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 18A. Dangerous weapon; assault in dwelling house; punishment


Whoever, being armed with a dangerous weapon, enters a dwelling house and while therein assaults another with intent to commit a felony shall be punished by imprisonment in the state prison for life, or for a term of not less than ten years. No person imprisoned under this paragraph shall be eligible for parole in less than five years.


Whoever, being armed with a dangerous weapon defined as a firearm, shotgun, rifle or assault weapon, enters a dwelling house and while therein assaults another with intent to commit a felony shall be punished by imprisonment in the state prison for a term of not less than ten years. Such person shall not be eligible for parole prior to the expiration of ten years.


CREDIT(S)


Added by St.1956, c. 408. Amended by St.1969, c. 473; St.1998, c. 180, §§ 54, 55.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 18B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 18B. Use of firearms while committing a felony; second or subsequent offenses; punishment


Whoever, while in the commission of or the attempted commission of an offense which may be punished by imprisonment in the state prison, has in his possession or under his control a firearm, rifle or shotgun shall, in addition to the penalty for such offense, be punished by imprisonment in the state prison for not less than five years; provided, however, that if such firearm, rifle or shotgun is a large capacity weapon, as defined in section 121 of chapter 140, or if such person, while in the commission or attempted commission of such offense, has in his possession or under his control a machine gun, as defined in said section 121, such person shall be punished by imprisonment in the state prison for not less than ten years. Whoever has committed an offense which may be punished by imprisonment in the state prison and had in his possession or under his control a firearm, rifle or shotgun including, but not limited to, a large capacity weapon or machine gun and who thereafter, while in the commission or the attempted commission of a second or subsequent offense which may be punished by imprisonment in the state prison, has in his possession or under his control a firearm, rifle or shotgun shall, in addition to the penalty for such offense, be punished by imprisonment in the state prison for not less than 20 years; provided, however, that if such firearm, rifle or shotgun is a large capacity semiautomatic weapon or if such person, while in the commission or attempted commission of such offense, has in his possession or under his control a machine gun, such person shall be punished by imprisonment in the state prison for not less than 25 years.


A sentence imposed under this section for a second or subsequent offense shall not be reduced nor suspended, nor shall any person convicted under this section be eligible for probation, parole, furlough or work release or receive any deduction from his sentence for good conduct until he shall have served the minimum term of such additional sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this section.


CREDIT(S)


Added by St.1974, c. 830. Amended by St.1984, c. 189, § 162; St.1998, c. 180, § 56.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 18C


Effective: September 13, 2004


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 18C. Entry of dwelling place; persons present within; weapons; punishment


Whoever knowingly enters the dwelling place of another knowing or having reason to know that one or more persons are present within or knowingly enters the dwelling place of another and remains in such dwelling place knowing or having reason to know that one or more persons are present within while armed with a dangerous weapon, uses force or threatens the imminent use of force upon any person within such dwelling place whether or not injury occurs, or intentionally causes any injury to any person within such dwelling place shall be punished by imprisonment in the state prison for life or for any term of not less than twenty years.


CREDIT(S)


Added by St.1993, c. 333. Amended by St.1998, c. 180, § 57; St.2004, c. 150, § 17, eff. Sept. 13, 2004.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 19


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 19. Robbery by unarmed person; punishment; victim sixty or older; minimum sentence for repeat offenders


(a) Whoever, not being armed with a dangerous weapon, by force and violence, or by assault and putting in fear, robs, steals or takes from the person of a person sixty years or older, or from his immediate control, money or other property which may be the subject of larceny, shall be punished by imprisonment in the state prison for life or for any term of years.


Whoever, after having been convicted of said crime, commits a second or subsequent such crime, shall be punished by imprisonment for not less than two years. Said sentence shall not be reduced until two years of said sentence have been served nor shall the person convicted be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served two years of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relative to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection.


(b) Whoever, not being armed with a dangerous weapon, by force and violence, or by assault and putting in fear, robs, steals or takes from the person of another, or from his immediate control, money or other property which may be the subject of larceny, shall be punished by imprisonment in the state prison for life or for any term of years.


CREDIT(S)


Amended by St.1981, c. 678, § 4; St.1995, c. 297, § 8.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 20


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 20. Simple assault; intent to rob or steal; punishment


Whoever, not being armed with a dangerous weapon, assaults another with force and violence and with intent to rob or steal shall be punished by imprisonment in the state prison for not more than ten years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 21


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 21. Stealing by confining or putting in fear


Whoever, with intent to commit larceny or any felony, confines, maims, injures or wounds, or attempts or threatens to kill, confine, maim, injure or wound, or puts any person in fear, for the purpose of stealing from a building, bank, safe, vault or other depository of money, bonds or other valuables, or by intimidation, force or threats compels or attempts to compel any person to disclose or surrender the means of opening any building, bank, safe, vault or other depository of money, bonds, or other valuables, shall whether he succeeds or fails in the perpetration of such larceny or felony, be punished by imprisonment in the state prison for life or for any term of years.


CREDIT(S)


Amended by St.1974, c. 462, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 21A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 21A. Assault, confinement, etc. of person for purpose of stealing motor vehicle; weapons; punishment


Whoever, with intent to steal a motor vehicle, assaults, confines, maims or puts any person in fear for the purpose of stealing a motor vehicle shall, whether he succeeds or fails in the perpetration of stealing the motor vehicle be punished by imprisonment in the state prison for not more than fifteen years or in a jail or house of correction for not more than two and one-half years and a fine of not less than one thousand nor more than fifteen thousand dollars; provided, however, that any person who commits any offense described herein while being armed with a dangerous weapon shall be punished by imprisonment in the state prison for not more than twenty years or in a jail or house of correction for not less than one year nor more than two and one-half years and a fine of not less than five nor more than fifteen thousand dollars. Whoever commits any offense described in this section while being armed with a firearm, rifle, shotgun, machine gun or assault weapon, shall be punished by imprisonment in the state prison for not less than five years in state prison.


CREDIT(S)


Added by St.1992, c. 412, § 2. Amended by St.1998, c. 180, § 58.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 22


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 22. Rape, generally; weapons; punishment; eligibility for furlough, education, training or employment programs


(a) Whoever has sexual intercourse or unnatural sexual intercourse with a person, and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury and if either such sexual intercourse or unnatural sexual intercourse results in or is committed with acts resulting in serious bodily injury, or is committed by a joint enterprise, or is committed during the commission or attempted commission of an offense defined in section fifteen A, fifteen B, seventeen, nineteen or twenty-six of this chapter, section fourteen, fifteen, sixteen, seventeen or eighteen of chapter two hundred and sixty-six or section ten of chapter two hundred and sixty-nine shall be punished by imprisonment in the state prison for life or for any term of years.


No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.


(b) Whoever has sexual intercourse or unnatural sexual intercourse with a person and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for not more than twenty years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term or years.


Whoever commits any offense described in this section while being armed with a firearm, rifle, shotgun, machine-gun or assault weapon, shall be punished by imprisonment in the state prison for not less than ten years. Whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years.


No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.


For the purposes of prosecution, the offense described in subsection (b) shall be a lesser included offense to that described in subsection (a).


CREDIT(S)


Amended by St.1974, c. 474, § 1; St.1980, c. 459, § 6; St.1998, c. 180, § 59.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 22A


Effective: October 22, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 22A. Rape of child; punishment


Whoever has sexual intercourse or unnatural sexual intercourse with a child under 16, and compels such child to submit by force and against his will or compels such child to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for life or for any term of years. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.


CREDIT(S)


Added by St.1955, c. 763, § 2. Amended by St.1973, c. 925, § 77; St.1974, c. 474, § 2; St.1998, c. 180, § 60; St.1998, c. 194, § 237; St.2008, c. 205, § 2, eff. Oct. 22, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 22B


Effective: October 22, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 22B. Rape of a child during commission of certain offenses or by use of force; penalties


Whoever has sexual intercourse or unnatural sexual intercourse with a child under 16, and compels such child to submit by force and against his will or compels such child to submit by threat of bodily injury and:


(a) the sexual intercourse or unnatural sexual intercourse is committed during the commission or attempted commission of any of the following offenses: (1) armed burglary as set forth in section 14 of chapter 266; (2) unarmed burglary as set forth in section 15 of said chapter 266; (3) breaking and entering as set forth in section 16 of said chapter 266; (4) entering without breaking as set forth in section 17 of said chapter 266; (5) breaking and entering into a dwelling house as set forth in section 18 of said chapter 266; (6) kidnapping as set forth in section 26 of chapter 265; (7) armed robbery as set forth in section 17 of said chapter 265; (8) unarmed robbery as set forth in section 19 of said chapter 265; (9) assault and battery with a dangerous weapon or assault with a dangerous weapon as set forth in sections 15A and 15B of said chapter 265; (10) home invasion as set forth in section 18C of said chapter 265; or (11) posing or exhibiting child in state of nudity or sexual conduct as set forth in section 29A of chapter 272;


(b) the sexual intercourse or unnatural sexual intercourse results in, or is committed by means of an act or acts resulting in, substantial bodily injury as defined in section 13J;


(c) the sexual intercourse or unnatural sexual intercourse is committed while the victim is tied, bound or gagged;


(d) the sexual intercourse or unnatural sexual intercourse is committed after the defendant administered, or caused to be administered, alcohol or a controlled substance by injection, inhalation, ingestion, or any other means to the victim without the victim's consent;


(e) the sexual intercourse or unnatural sexual intercourse is committed by a joint enterprise; or


(f) the sexual intercourse or unnatural sexual intercourse was committed in a manner in which the victim could contract a sexually transmitted disease or infection of which the defendant knew or should have known he was a carrier, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years. The sentence imposed on such person shall not be reduced to less than 15 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release or furlough or receive any deduction from his sentence for good conduct until he shall have served 15 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.


CREDIT(S)


Added by St.2008, c. 205, § 2, eff. Oct. 22, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 22C


Effective: October 22, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 22C. Rape of a child through use of force by certain previously convicted offenders; penalties


Whoever has sexual intercourse or unnatural sexual intercourse with a child under 16, and compels such child to submit by force and against his will or compels such child to submit by threat of bodily injury, and has been previously convicted of or adjudicated delinquent or as a youthful offender for: indecent assault and battery on a child under 14 as set forth in section 13B; aggravated indecent assault and battery on a child under 14 as set forth in section 13B   1/2; indecent assault and battery on a person 14 or older as set forth in section 13H; assault of a child with intent to commit rape as set forth in section 24B; rape of a child with force as set forth in section 22A; aggravated rape of a child with force as set forth in section 22B; rape and abuse of a child as set forth in section 23; aggravated rape and abuse of a child as set forth in section 23A; rape as set forth in section 22; or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 20 years. The sentence imposed on such person shall not be reduced to less than 20 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release or furlough or receive any deduction from his sentence for good conduct until he shall have served 20 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.


In any prosecution commenced pursuant to this section, introduction into evidence of a prior adjudication or conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant's biographical and informational data from records of the department of probation, any jail or house of correction or the department of correction, shall be prima facie evidence that the defendant before the court has been convicted previously by a court of the commonwealth or any other jurisdiction. Such documentation shall be self-authenticating and admissible, after the commonwealth has established the defendant's guilt on the primary offense, as evidence in any court of the commonwealth to prove the defendant's commission of any prior conviction described therein. The commonwealth shall not be required to introduce any additional corroborating evidence or live witness testimony to establish the validity of such prior conviction.


CREDIT(S)


Added by St.2008, c. 205, § 2, eff. Oct. 22, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 23


Effective: October 22, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 23. Rape and abuse of child


Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age, shall be punished by imprisonment in the state prison for life or for any term of years or, except as otherwise provided, for any term in a jail or house of correction. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.


CREDIT(S)


Amended by St.1966, c. 291; St.1974, c. 474, § 3; St.1998, c. 194, § 238; St.2008, c. 205, § 2, eff. Oct. 22, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 23A


Effective: October 22, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 23A. Rape and abuse of child aggravated by age difference between defendant and victim or by when committed by mandated reporters; penalties


Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age and:


(a) there exists more than a 5 year age difference between the defendant and the victim and the victim is under 12 years of age;


(b) there exists more than a 10 year age difference between the defendant and the victim where the victim is between the age of 12 and 16 years of age; or


(c) at the time of such intercourse, was a mandated reporter as defined in section 21 of chapter 119, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 10 years. The sentence imposed on such person shall not be reduced to less than 10 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 10 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.


CREDIT(S)


Added by St.2008, c. 205, § 2, eff. Oct. 22, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 23B


Effective: October 22, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 23B. Rape and abuse of child by certain previously convicted offenders; penalties


Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 16 years of age and has been previously convicted of or adjudicated delinquent or as a youthful offender for: indecent assault and battery on a child under 14 under section 13B; aggravated indecent assault and battery on a child under 14 under section 13B   1/2; indecent assault and battery on a person 14 or older under section 13H; assault of a child with intent to commit rape under section 24B; rape of a child with force under section 22A; aggravated rape of a child with force under section 22B; rape and abuse of a child under section 23; aggravated rape and abuse of a child under section 23A; rape under section 22; or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years. The sentence imposed on such person shall not be reduced to less than 15 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 15 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.


In any prosecution commenced pursuant to this section, introduction into evidence of a prior adjudication or conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant's biographical and informational data from records of the department of probation, any jail or house of correction or the department of correction, shall be prima facie evidence that the defendant before the court has been convicted previously by a court of the commonwealth or any other jurisdiction. Such documentation shall be self-authenticating and admissible, after the commonwealth has established the defendant's guilt on the primary offense, as evidence in any court of the commonwealth to prove the defendant's commission of any prior conviction described therein. The commonwealth shall not be required to introduce any additional corroborating evidence or live witness testimony to establish the validity of such prior conviction.


CREDIT(S)


Added by St.2008, c. 205, § 2, eff. Oct. 22, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 24


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 24. Assault with intent to commit rape; weapons; punishment; eligibility for furloughs, education, training or employment programs


Whoever assaults a person with intent to commit a rape shall be punished by imprisonment in the state prison for not more than twenty years or by imprisonment in a jail or house of correction for not more than two and one-half years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years. Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years. Whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 20 years.


No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.


CREDIT(S)


Amended by St.1974, c. 474, § 4; St.1978, c. 379, § 1; St.1980, c. 459, § 7; St.1998, c. 180, § 61.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 24A


Effective: November 5, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 24A. Venue


If, in connection with the alleged commission of a crime described in section thirteen B, 13B   1/2, 13B   3/4, thirteen F, thirteen H, twenty-two, twenty-two A, 22B, 22C, twenty-three, 23A, 23B, twenty-four or twenty-four B of this chapter or in section five of chapter two hundred and seventy-two, the person against whom said crime is alleged to have been committed has been conveyed from one county or judicial district into another, said crime may be alleged to have been committed, and may be prosecuted and punished, in the county or judicial district where committed or from which such person was so conveyed.


CREDIT(S)


Amended by St.1974, c. 474, § 5; St.1983, c. 200; St.2010, c. 267, §§ 55 to 57, eff. Nov. 5, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 24B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 24B. Assault of child; intent to commit rape; weapons; punishment


Whoever assaults a child under sixteen with intent to commit a rape, as defined in section thirty-nine of chapter two hundred and seventy-seven, shall be punished by imprisonment in the state prison for life or for any term of years; and whoever over the age of eighteen commits a subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years but not less than five years.


Whoever commits any offense described in this section while being armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for life or for any term of years, but not less than ten years. Whoever over the age of 18 commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years.


CREDIT(S)


Added by St.1955, c. 763, § 3. Amended by St.1973, c. 925, § 78; St.1974, c. 474, § 6; St.1978, c. 379, § 2; St.1998, c. 180, § 62.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 24C


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 24C. Victim's name; confidentiality


That portion of the records of a court or any police department of the commonwealth or any of its political subdivisions, which contains the name of the victim in an arrest, investigation or complaint for rape or assault with intent to rape under section thirteen B, 13B   1/2, 13B   3/4, twenty-two, twenty-two A, 22B, 22C, twenty-three, 23A, 23B, twenty-four or twenty-four B, inclusive, of chapter two hundred and sixty-five, or an arrest, investigation or complaint for trafficking of persons under section 50 of said chapter 265, shall be withheld from public inspection, except with the consent of a justice of such court where the complaint or indictment is or would be prosecuted.


Said portion of such court record or police record shall not be deemed to be a public record under the provisions of section seven of chapter four.


Except as otherwise provided in this section, it shall be unlawful to publish, disseminate or otherwise disclose the name of any individual identified as an alleged victim of any of the offenses described in the first paragraph. A violation of this section shall be punishable by a fine of not less than two thousand five hundred dollars nor more than ten thousand dollars.


CREDIT(S)


Added by St.1986, c. 234. Amended by St.1987, c. 177, §§ 1, 2; St.2010, c. 267, §§ 58 to 60, eff. Nov. 5, 2010; St.2011, c. 178, § 21, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 25


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 25. Attempted extortion; punishment


Whoever, verbally or by a written or printed communication, maliciously threatens to accuse another of a crime or offence, or by a verbal or written or printed communication maliciously threatens an injury to the person or property of another, or any police officer or person having the powers of a police officer, or any officer, or employee of any licensing authority who verbally or by written or printed communication maliciously and unlawfully uses or threatens to use against another the power or authority vested in him, with intent thereby to extort money or any pecuniary advantage, or with intent to compel any person to do any act against his will, shall be punished by imprisonment in the state prison for not more than fifteen years, or in the house of correction for not more than two and one half years, or by a fine of not more than five thousand dollars, or both.


CREDIT(S)


Amended by St.1932, c. 211; St.1953, c. 294.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 26


Effective: November 5, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 26. Kidnapping; weapons; child under age 16; punishment


Whoever, without lawful authority, forcibly or secretly confines or imprisons another person within this commonwealth against his will, or forcibly carries or sends such person out of this commonwealth, or forcibly seizes and confines or inveigles or kidnaps another person, with intent either to cause him to be secretly confined or imprisoned in this commonwealth against his will, or to cause him to be sent out of this commonwealth against his will or in any way held to service against his will, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two years. Whoever commits any offence described in this section with the intent to extort money or other valuable thing thereby shall be punished by imprisonment in the state prison for life or for any term of years.


Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than ten years or in the house of correction for not more than two and one-half years. The provisions of the preceding sentence shall not apply to the parent of a child under 18 years of age who takes custody of such child. Whoever commits such offense described in this section while being armed with a firearm, rifle, shotgun, machine gun or assault weapon with the intent to extort money or other valuable thing thereby shall be punished by imprisonment in the state prison for life or for any term of years but not less than 20 years.


Whoever commits any offense described in this section while armed with a dangerous weapon and inflicts serious bodily injury thereby upon another person or who sexually assaults such person shall be punished by imprisonment in the state prison for not less than 25 years. For purposes of this paragraph the term “serious bodily injury” shall mean bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ or substantial risk of death. For purposes of this paragraph, the term “sexual assault” shall mean the commission of any act set forth in sections 13B, 13B   1/2, 13B   3/4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24 or 24B.


Whoever, without lawful authority, forcibly or secretly confines or imprisons a child under the age of 16 within the commonwealth against his will or forcibly carries or sends such person out of the commonwealth or forcibly seizes and confines or inveigles or kidnaps a child under the age of 16 with the intent either to cause him to be secretly confined or imprisoned in the commonwealth against his will or to cause him to be sent out of the commonwealth against his will or in any way held to service against his will, shall be punished by imprisonment in the state prison for not more than 15 years. The provisions of the preceding sentence shall not apply to the parent of a child under 16 years of age who takes custody of such child.


CREDIT(S)


Amended by St.1934, c. 1; St.1971, c. 900; St.1979, c. 465, § 1; St.1998, c. 180, § 63; St.1999, c. 74, §§ 11, 12; St.2010, c. 267, § 61, eff. Nov. 5, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 26A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 26A. Kidnapping of minor or incompetent by relative; punishment


Whoever, being a relative of a child less than eighteen years old, without lawful authority, holds or intends to hold such a child permanently or for a protracted period, or takes or entices such a child from his lawful custodian, or takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or institution shall be punished by imprisonment in the house of correction for not more than one year or by a fine of up to one thousand dollars, or both. Whoever commits any offense described in this section by taking or holding said child outside the commonwealth or under circumstances which expose the person taken or enticed from lawful custody to a risk which endangers his safety shall be punished by a fine of not more than five thousand dollars, or by imprisonment in the state prison for not more than five years, or by both such fine and imprisonment.


CREDIT(S)


Added by St.1979, c. 465, § 2. Amended by St.1983, c. 175.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 26B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 26B. Drugging persons for kidnapping


Whoever applies, administers to or causes to be taken by a person any drug, matter or thing with intent to stupefy or overpower such person so as to, without lawful authority, forcibly or secretly confine or imprison another person within the commonwealth against his will or to forcibly carry or send such person out of the commonwealth, or to forcibly seize and confine or inveigle or kidnap such person with intent to cause him to be secretly confined or imprisoned in the commonwealth against his will, or to cause him to be sent out of the commonwealth against his will or in any way held to service against his will, shall be punished by imprisonment in the state prison for life or for any term of years not less than ten years. Whoever violates the provisions of this section with the intent to extort money or other valuable thing thereby shall be punished by imprisonment in the state prison for life or for any term of years not less than 15 years.


CREDIT(S)


Added by St.1998, c. 232, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 26C


Effective: November 5, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 26C. Definition of “entice”; enticement of child under age 16; punishment


(a) As used in this section, the term “entice” shall mean to lure, induce, persuade, tempt, incite, solicit, coax or invite.


(b) Any one who entices a child under the age of 16, or someone he believes to be a child under the age of 16, to enter, exit or remain within any vehicle, dwelling, building, or other outdoor space with the intent that he or another person will violate section 13B, 13B   1/2, 13B   3/4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24 or 24B of chapter 265, section 4A, 16, 28, 29, 29A, 29B, 29C, 35A, 53 or 53A of chapter 272, or any offense that has as an element the use or attempted use of force, shall be punished by imprisonment in the state prison for not more than 5 years, or in the house of correction for not more than 2   1/2 years, or by both imprisonment and a fine of not more than $5,000.


CREDIT(S)


Added by St.2002, c. 385, § 3. Amended by St.2010, c. 267, §§ 62 to 64, eff. Nov. 4, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 26D


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 26D. Enticement of child under age 18 to engage in prostitution, human trafficking or commercial sexual activity


(a) As used in this section, the term “entice” shall mean to lure, induce, persuade, tempt, incite, solicit, coax or invite.


(b) As used in this section, the term “electronic communication” shall include, but not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system.


(c) Whoever, by electronic communication, knowingly entices a child under the age of 18 years, to engage in prostitution in violation of section 50 or section 53A of chapter 272, human trafficking in violation of section 50, 51, 52 or 53 or commercial sexual activity as defined in section 49, or attempts to do so, shall be punished by imprisonment in a house of correction for not more than 2    1/2 years or in the state prison for not more than 5 years or by a fine of not less than $2,500, or by both such fine and imprisonment.


(d) Whoever, after having been convicted of, or adjudicated delinquent by reason of a violation of this section, commits a second or subsequent such violation, shall be punished by imprisonment in the state prison for not less than 5 years and by a fine of not less than $10,000. Such sentence shall not be reduced to less than 5 years, or suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release or furlough or receive any deduction from the sentence for good conduct until that person has served 5 years of such sentence.


CREDIT(S)


Added by St.2011, c. 178, § 22, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 27


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 27. Kidnapping; venue


A crime described in section twenty-six may be tried in the county where committed or in any county in or to which the person so seized, inveigled or kidnapped is confined, held, carried or brought; and upon the trial of any such crime, the consent thereto of the person so seized, inveigled, kidnapped or confined shall not be a defence unless the jury finds that such consent was not obtained by fraud or extorted by duress or threats.


CREDIT(S)


Amended by St.1979, c. 465, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 27A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 27A. Kidnapping of minor or incompetent by relative; venue


A crime described in section twenty-six A may be tried in the county where committed or in a county in or to which the person so taken or enticed is held, carried to, or brought.


CREDIT(S)


Added by St.1979, c. 465, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 28


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 28. Poison; use with intent to injure; punishment


Whoever mingles poison with food, drink or medicine with intent to kill or injure another person, or wilfully poisons any spring, well or reservoir of water with such intent, shall be punished by imprisonment in the state prison for life or for any term of years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 29


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 29. Assault; intent to commit felony; punishment


Whoever assaults another with intent to commit a felony shall, if the punishment of such assault is not hereinbefore provided, be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two and one half years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 30


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 30. Gross negligence; persons having care of common carrier; penalty


Whoever, having the management or control of or over a steamboat or other public conveyance used for the common carriage of persons, is guilty of gross negligence in or relative to the management or control of such steamboat or other public conveyance, while being so used for the common carriage of persons, shall be punished by a fine of not more than five thousand dollars or by imprisonment in jail for not more than two and one half years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 31


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 31. Repealed, 1962, 285, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 32


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 32. Glass; throwing in public streets and beaches; penalty


Whoever throws or drops glass on a public way, or on or near a bathing beach, or on a public way, sidewalk or reservation in the immediate neighborhood of a bathing beach, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than one month.


CREDIT(S)


Amended by St.1975, c. 322.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 33


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 33. Repealed, 1962, 285, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 34


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 34. Tattooing body of person by other than qualified physician; punishment


Whoever, not being registered as a qualified physician under section two of chapter one hundred and twelve, or corresponding provisions of earlier laws, marks the body of any person by means of tattooing, shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than one year, or both.


CREDIT(S)


Added by St.1957, c. 76. Amended by St.1962, c. 214.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 35


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 35. Throwing or dropping objects onto public way; punishment


Whoever willfully or negligently drops, throws or otherwise releases any object, missile or other article onto any way as defined in section one of chapter ninety, the turnpike as defined in clause (b) of section four of chapter three hundred and fifty-four of the acts of nineteen hundred and fifty-two or the tunnels as defined in clause (d ) of section one of chapter five hundred and ninety-eight of the acts of nineteen hundred and fifty-eight so that the lives or safety of the public might be endangered shall be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than one year, or both.


CREDIT(S)


Added by St.1968, c. 139. Amended by St.1973, c. 432.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 36


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 36. Throwing or dropping objects at sporting events; punishment


Any person who willfully drops, throws or otherwise releases any object, missile or other article at any sporting event with the intent to injure any person at such event shall be punished by a fine of not more than five hundred dollars or by imprisonment in the house of correction for not more than one year, or both.


CREDIT(S)


Added by St.1975, c. 435.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 37


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 37. Violations of constitutional rights; punishment


No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with, or oppress or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him by the constitution or laws of the commonwealth or by the constitution or laws of the United States. Any person convicted of violating this provision shall be fined not more than one thousand dollars or imprisoned not more than one year or both; and if bodily injury results, shall be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than ten years, or both.


CREDIT(S)


Added by St.1979, c. 801, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 38


Effective: April 11, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 38. Repealed, 2004, 501, Sec. 9



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 39


Effective: July 1, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 39. Assault or battery for purpose of intimidation; weapons; punishment


(a) Whoever commits an assault or a battery upon a person or damages the real or personal property of a person with the intent to intimidate such person because of such person's race, color, religion, national origin, sexual orientation, gender identity, or disability shall be punished by a fine of not more than five thousand dollars or by imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment. The court may also order restitution to the victim in any amount up to three times the value of property damage sustained by the owners of such property. For the purposes of this section, the term “disability” shall have the same meaning as “handicap” as defined in subsection 17 of section one of chapter one hundred and fifty-one B; provided, however, that for purposes of this section, the term “disability” shall not include any condition primarily resulting from the use of alcohol or a controlled substance as defined in section one of chapter ninety-four C.


(b) Whoever commits a battery in violation of this section and which results in bodily injury shall be punished by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than five years, or by both such fine and imprisonment. Whoever commits any offense described in this subsection while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than two and one-half years. For purposes of this section, “bodily injury” shall mean substantial impairment of the physical condition, including, but not limited to, any burn, fracture of any bone, subdural hematoma, injury to any internal organ, or any injury which occurs as the result of repeated harm to any bodily function or organ, including human skin.


There shall be a surcharge of one hundred dollars on a fine assessed against a defendant convicted of a violation of this section; provided, however, that moneys from such surcharge shall be delivered forthwith to the treasurer of the commonwealth and deposited in the Diversity Awareness Education Trust Fund established under the provisions of section thirty-nine Q of chapter ten. In the case of convictions for multiple offenses, said surcharge shall be assessed for each such conviction.


A person convicted under the provisions of this section shall complete a diversity awareness program designed by the secretary of the executive office of public safety in consultation with the Massachusetts commission against discrimination and approved by the chief justice of the trial court. A person so convicted shall complete such program prior to release from incarceration or prior to completion of the terms of probation, whichever is applicable.


CREDIT(S)


Added by St.1983, c. 165, § 1. Amended by St.1996, c. 163, § 2; St.1998, c. 180, § 64; St.2011, c. 93, § 117, eff. July 1, 2012; St.2011, c. 199, § 8, eff. July 1, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 40


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 40. Causing serious bodily injury to participants in physical exercise training programs; punishment


Whoever, having the direct management or direct control over the conduct of physical exercise as part of a course of study or training program at any public or private institution, agency or entity, willfully, wantonly and recklessly causes serious bodily injury to a person participating in a course of study or training program involving physical exercise, shall be punished by a fine of not more than five thousand dollars or by imprisonment in a jail or house of correction for not more than two and one-half years or both.


For the purposes of this section “serious bodily injury” shall mean bodily injury which creates a substantial risk of death or which involves either total disability or the loss or substantial impairment of some bodily function for a substantial period of time.


CREDIT(S)


Added by St.1989, c. 244.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 41


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 41. Sentence not imposing imprisonment; specific reasons in record


In sentencing a person for a violation of any provision of this chapter, the penalty for which includes imprisonment, a judge sitting in superior court or in a jury of six session who does not impose such sentence of imprisonment shall include in the record of the case specific reasons for not imposing a sentence of imprisonment. Notwithstanding any general or special law to the contrary, the record of such reasons shall be a public record.


CREDIT(S)


Added by St.1989, c. 363, § 1. Renumbered by St.1990, c. 177, § 367.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 42


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 42. Use of radios without earphones on public conveyances; punishment


Whoever uses a radio or boom box, so-called, or similar broadcasting equipment without the use of earphones or other apparatus on a public conveyance used for the common carriage of persons, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for not more than one month. Evidence seized pursuant to this section shall be sold at public auction and the proceeds therefrom may be applied against outstanding fines and court costs.


CREDIT(S)


Added by St.1991, c. 33, § 101.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 43


Effective: May 3, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 43. Stalking; punishment


(a) Whoever (1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and (2) makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking and shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $1,000, or imprisonment in the house of correction for not more than 2   1/2 years or by both such fine and imprisonment. The conduct, acts or threats described in this subsection shall include, but not be limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.


(b) Whoever commits the crime of stalking in violation of a temporary or permanent vacate, restraining, or no-contact order or judgment issued pursuant to sections eighteen, thirty-four B, or thirty-four C of chapter two hundred and eight; or section thirty-two of chapter two hundred and nine; or sections three, four, or five of chapter two hundred and nine A; or sections fifteen or twenty of chapter two hundred and nine C or a protection order issued by another jurisdiction; or a temporary restraining order or preliminary or permanent injunction issued by the superior court, shall be punished by imprisonment in a jail or the state prison for not less than one year and not more than five years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of one year.


A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment.


A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this subsection.


(c) Whoever, after having been convicted of the crime of stalking, commits a second or subsequent such crime shall be punished by imprisonment in a jail or the state prison for not less than two years and not more than ten years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of two years.


A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment.


A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this section.


CREDIT(S)


Added by St.1992, c. 31. Amended by St.1996, c. 298, §§ 11, 12; St.1997, c. 238, §§ 1, 2; St.2010, c. 92, § 9, eff. May 3, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 43A


Effective: May 3, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 43A. Criminal harassment; punishment


(a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than 2   1/2 years or by a fine of not more than $1,000, or by both such fine and imprisonment. The conduct or acts described in this paragraph shall include, but not be limited to, conduct or acts conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.


(b) Whoever, after having been convicted of the crime of criminal harassment, commits a second or subsequent such crime, or whoever commits the crime of criminal harassment having previously been convicted of a violation of section 43, shall be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than ten years.


CREDIT(S)


Added by St.2000, c. 164. Amended by St.2010, c. 92, § 10, eff. May 3, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 44


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 44. Coercion of child under eighteen into criminal conspiracy; penalties


Whoever commits an assault and battery on a child under the age of eighteen for the purpose of causing or coercing such child to join or participate in a criminal conspiracy in violation of section seven of chapter two hundred and seventy-four, including but not limited to a criminal street gang or other organization of three or more persons which has a common name, identifying sign or symbol and whose members individually or collectively engage in criminal activity, shall, for the first offense, be punished by imprisonment in the state prison for not less than three nor more than five years or by imprisonment in the house of correction for not more than two and one-half years; and for a second or subsequent offense by imprisonment in the state prison for not less than five nor more than ten years.


CREDIT(S)


Added by St.1996, c. 200, § 36.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 45


Effective: November 5, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 45. Community parole supervision for life following imprisonment, probation or treatment center sentence; covered offenses


Any person who commits indecent assault and battery on a child under 14 under section 13B, indecent assault and battery on a mentally retarded person under the first paragraph of section 13F or indecent assault and battery on a person who has attained the age of 14 under section 13H may, in addition to the term of imprisonment authorized by such section, be punished by a term of community parole supervision for life to be served under the jurisdiction of the parole board, as set forth in section 133C of chapter 127. Any person who commits rape under section 22; rape of a child under 16 with force under section 22A; rape and abuse of a child under section 23; assault with intent to commit rape under section 24; assault of a child under 16 with intent to commit rape under section 24B; kidnapping a child under the age of 16 under section 26; drugging persons for sexual intercourse under section 3 of chapter 272; unnatural and lascivious acts with a child under 16 under section 35A of said chapter 272; or commits an attempt to violate any such section pursuant to section 6 of chapter 274, shall, except as provided for in section 18 of chapter 275, and in addition to the term of imprisonment authorized by such section, receive a sentence of community parole supervision for life to be served under the jurisdiction of the parole board, as set forth in section 133D of chapter 127. Any person convicted of violating section 13B, 13B   1/2, 13B   3/4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B or 26 of this chapter or of an attempt to violate any of such sections pursuant to section 6 of chapter 274, after one or more prior convictions of indecent assault and battery, rape, assault with intent to commit rape, unnatural and lascivious acts, drugging for sex, kidnap or of any offense which is the same as or necessarily includes the same elements of said offense shall, in addition to the term of imprisonment authorized by such section, be punished by a term of community parole supervision for life, to be served under the jurisdiction of the parole board, as set forth in said section 133D of said chapter 127. The sentence of community parole supervision for life shall commence immediately upon the expiration of the term of imprisonment imposed upon such person by the court or upon such person's release from probation supervision or upon discharge from commitment to the treatment center pursuant to section 9 of chapter 123A, whichever first occurs.


CREDIT(S)


Added by St.1999, c. 74, § 13. Amended by St.2010, c. 267, § 65, eff. Nov. 5, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 46


Effective: March 24, 2003


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 46. Taking from deceased victim's estate prohibited


The court shall prohibit any person charged with the unlawful killing of the decedent from taking from the decedent's estate through its distribution and disposition, including property held between the person charged and the decedent in joint tenancy or by tenancy in the entirety. The court shall consider any person convicted of the unlawful killing of the decedent as predeceasing the decedent for the purpose of distribution and disposition of the decedent's estate including property held between the person charged and the decedent in joint tenancy or by tenancy in the entirety. The bar to succession shall apply only to murder in the first degree, murder in the second degree or manslaughter; it shall not include vehicular homicide or negligent manslaughter in the death of the decedent. No court shall distribute the accused's share of the decedent's assets until a verdict or finding on the charge has been rendered in open court. If the court determines the accused not guilty of the unlawful killing of the decedent, the accused may take by decent or distribution from the decedent's estate under law. The provisions of this section and any order of a court entered pursuant thereto, shall not have any effect on title to real property, except against the person charged with an offense to which this section applies, or that person's heirs and devisees, until a memorandum that recites the name of that person is recorded in the manner provided in section 15 of chapter 184, and no order so entered shall divest any person who has given fair consideration for any interest in such property before such recording.


CREDIT(S)


Added by St.2002, c. 420, § 11.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 47


Effective: December 20, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 47. Global positioning system device to be worn by certain sex offender probationers


Any person who is placed on probation for any offense listed within the definition of “sex offense”, a “sex offense involving a child” or a “sexually violent offense”, as defined in section 178C of chapter 6, shall, as a requirement of any term of probation, wear a global positioning system device, or any comparable device, administered by the commissioner of probation, at all times for the length of his probation for any such offense. The commissioner of probation, in addition to any other conditions, shall establish defined geographic exclusion zones including, but not limited to, the areas in and around the victim's residence, place of employment and school and other areas defined to minimize the probationer's contact with children, if applicable. If the probationer enters an excluded zone, as defined by the terms of his probation, the probationer's location data shall be immediately transmitted to the police department in the municipality wherein the violation occurred and the commissioner of probation, by telephone, electronic beeper, paging device or other appropriate means. If the commissioner or the probationer's probation officer has probable cause to believe that the probationer has violated this term of his probation, the commissioner or the probationer's probation officer shall arrest the probationer pursuant to section 3 of chapter 279. Otherwise, the commissioner shall cause a notice of surrender to be issued to such probationer.


The fees incurred by installing, maintaining and operating the global positioning system device, or comparable device, shall be paid by the probationer. If an offender establishes his inability to pay such fees, the court may waive them.


CREDIT(S)


Added by St.2006, c. 303, § 8, eff. Dec. 20, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 48


Effective: May 4, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 48. Ice cream truck vending by sex offender prohibited


A sex offender, as defined by section 178C of chapter 6, who engages in ice cream truck vending, as defined in section 25 of chapter 270, shall be punished by imprisonment in the house of correction for not more than 2   1/2 years or by a fine of $1,000, or by both such fine and imprisonment. A police officer or officer authorized to serve criminal process may arrest, without a warrant, any person whom he has probable cause to believe has violated this section.


CREDIT(S)


Added by St.2010, c. 256, § 119, eff. May 4, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 49


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 49. Definitions applicable to Secs. 49 to 57


As used in sections 50 to 51, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:


“Commercial sexual activity”, any sexual act on account of which anything of value is given, promised to or received by any person.


“Financial harm”, a detrimental position in relation to wealth, property or other monetary benefits that occurs as a result of another person's illegal act including, but not limited to, extortion under by section 25, a violation of section 49 of chapter 271 or illegal employment contracts.


“Forced services”, services performed or provided by a person that are obtained or maintained by another person who: (i) causes or threatens to cause serious harm to any person; (ii) physically restrains or threatens to physically restrain another person; (iii) abuses or threatens to abuse the law or legal process; (iv) knowingly destroys, conceals, removes, confiscates or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person; (v) engages in extortion under section 25; or (vi) causes or threatens to cause financial harm to any person.


“Services”, acts performed by a person under the supervision of or for the benefit of another including, but not limited to, commercial sexual activity and sexually-explicit performances.


“Sexually-explicit performance”, an unlawful live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.


CREDIT(S)


Added by St.2011, c. 178, § 23, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 50


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 50. Trafficking of persons for sexual servitude; trafficking of persons under 18 years for sexual servitude; trafficking by business entities; penalties; tort actions brought by victims


(a) Whoever knowingly: (i) subjects, or attempts to subject, or recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person to engage in commercial sexual activity, a sexually-explicit performance or the production of unlawful pornography in violation of chapter 272, or causes a person to engage in commercial sexual activity, a sexually-explicit performance or the production of unlawful pornography in violation of said chapter 272; or (ii) benefits, financially or by receiving anything of value, as a result of a violation of clause (i), shall be guilty of the crime of trafficking of persons for sexual servitude and shall be punished by imprisonment in the state prison for not less than 5 years but not more than 20 years and by a fine of not more than $25,000. Such sentence shall not be reduced to less than 5 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release or furlough or receive any deduction from his sentence for good conduct until he shall have served 5 years of such sentence. No prosecution commenced under this section shall be continued without a finding or placed on file.


(b) Whoever commits the crime of trafficking of persons for sexual servitude upon a person under 18 years of age shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 5 years. No person convicted under this subsection shall be eligible for probation, parole, work release or furlough or receive any deduction from his sentence for good conduct until he shall have served 5 years of such sentence.


(c) A business entity that commits trafficking of persons for sexual servitude shall be punished by a fine of not more than $1,000,000.


(d) A victim of subsection (a) may bring an action in tort in the superior court in any county wherein a violation of subsection (a) occurred, where the plaintiff resides or where the defendant resides or has a place of business. Any business entity that knowingly aids or is a joint venturer in trafficking of persons for sexual servitude shall be civilly liable for an offense under this section.


CREDIT(S)


Added by St.2011, c. 178, § 23, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 51


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 51. Trafficking of persons for forced service; victims under 18 years; trafficking by business entities; penalties; tort actions brought by victims


(a) Whoever knowingly: (i) subjects, or attempts to subject, another person to forced services, or recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person, intending or knowing that such person will be subjected to forced services; or (ii) benefits, financially or by receiving anything of value, as a result of a violation of clause (i), shall be guilty of trafficking of persons for forced services and shall be punished by imprisonment in the state prison for not less than 5 years but not more than 20 years and by a fine of not more than $25,000. Such sentence shall not be reduced to less than 5 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release or furlough or receive any deduction from his sentence for good conduct until he shall have served 5 years of such sentence. No prosecution commenced under this section shall be continued without a finding or placed on file.


(b) Whoever commits the crime of trafficking of persons for forced services upon a person under 18 years of age shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 5 years. No person convicted under this subsection shall be eligible for probation, parole, work release or furlough or receive any deduction from his sentence for good conduct until he shall have served 5 years of such sentence.


(c) A business entity that commits trafficking of persons for forced labor services shall be punished by a fine of not more than $1,000,000.


(d) A victim of subsection (a) may bring an action in tort in the superior court in any county wherein a violation of subsection (a) occurred, where the plaintiff resides or where the defendant resides or has a place of business. Any business entity that knowingly aids or is a joint venturer in trafficking of person for forced labor or services shall be civilly liable for an offense under this section.


CREDIT(S)


Added by St.2011, c. 178, § 23, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 52


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 52. Subsequent violations of Sec. 50 or 51; penalties; evidence of prior adjudication or conviction


(a) Whoever, after having been convicted of or adjudicated delinquent by reason of a violation of section 50 or 51, commits a second or subsequent violation of either section 50 or 51, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 10 years. Such sentence shall not be reduced to less than 10 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release or furlough or receive any deduction from his sentence for good conduct until he shall have served 10 years of such sentence. No prosecutions commenced under this section shall be continued without a finding or placed on file.


(b) In any prosecution commenced pursuant to this section, introduction into evidence of a prior adjudication or conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant's biographical and informational data from records of the department of probation, any jail or house of correction or the department of correction, shall be prima facie evidence that the defendant before the court has been convicted previously by a court of the commonwealth or any other jurisdiction. Such documentation shall be self-authenticating and admissible, after the commonwealth has established the defendant's guilt on the primary offense, as evidence in any court of the commonwealth to prove the defendant's prior conviction described therein. The commonwealth shall not be required to introduce any additional corroborating evidence or live witness testimony to establish the validity of such prior conviction.


CREDIT(S)


Added by St.2011, c. 178, § 23, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 53


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 53. Organ trafficking; victims under 18 years; penalties


(a) Whoever: (i) recruits, entices, harbors, transports, delivers or obtains by any means, another person, intending or knowing that an organ, tissue or other body part of such person will be removed for sale, against such person's will; or (ii) knowingly receives anything of value, directly or indirectly as a result of a violation of clause (i) shall be guilty of organ trafficking and punished by imprisonment in the state prison for not more than 15 years or by a fine of not more than $50,000, or both.


(b) Whoever commits the crime of organ trafficking upon a person under 18 years of age shall be punished by imprisonment in the state prison for 5 years. Such sentence shall not be reduced to less than 5 years, or suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from such sentence for good conduct until having served 5 years of such sentence.


CREDIT(S)


Added by St.2011, c. 178, § 23, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 54


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 54. Transmittal of fines to state treasurer


The court shall transmit fines collected pursuant to sections 50 and 51 to the state treasurer. The treasurer shall deposit such fines into the Victims of Human Trafficking Trust Fund established in section 66A of chapter 10.


CREDIT(S)


Added by St.2011, c. 178, § 23, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 55


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 55. Forfeiture of funds used to facilitate violation of Sec. 50 or 51; victim restitution


All monies furnished or intended to be furnished by any person in exchange for forced labor or services or sexual servitude, and all monies used or intended to be used to facilitate any violation of section 50 or 51 shall be subject to forfeiture to the commonwealth and shall be made available by the court to any victim ordered restitution by the court pursuant to section 3 of chapter 258B.


CREDIT(S)


Added by St.2011, c. 178, § 23, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 56


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 56. Property subject to forfeiture resulting from violations of Secs. 50 or 51; procedure; exceptions; records; preliminary orders for seizure; referral to office of seized property management; homestead exemptions; recording of certificate of fact of final judgment


(a) The following property shall be subject to forfeiture to the commonwealth and all property rights therein shall be in the commonwealth:


(i) all conveyances, including aircraft, vehicles or vessels used, or intended for use, to transport, conceal or otherwise facilitate a violation of section 50 or 51;


(ii) all books, records and research, including microfilm, tapes and data which are used, or intended for use, in violation of section 50 or 51;


(iii) all negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for forced labor or services or sexual servitude, all proceeds traceable to such an exchange, including real estate and any other thing of value, and all negotiable instruments and securities used or intended to be used to facilitate any violation of section 50 or 51; and


(iv) all real property, including any right, title and interest in the whole of any lot or tract of land and any appurtenances or improvements thereto, which is used in any manner or part to commit or to facilitate any violation of section 50 or 51.


No forfeiture under this section shall extinguish a perfected security interest held by a creditor in a conveyance or in any real property at the time of the filing of the forfeiture action.


(b) Property subject to forfeiture pursuant to clauses (i) to (iv), inclusive, of subsection (a) shall, upon motion of the attorney general or district attorney, be declared forfeit by any court having jurisdiction over said property or having final jurisdiction over any related criminal proceeding brought under this section.


(c) The court shall order forfeiture of all conveyances and real property subject to forfeiture under this section, except as follows:


(i) no conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited unless it shall appear that the owner or other person in charge of such conveyance was a consenting party or privy to a violation of section 50 or 51;


(ii) no conveyance shall be forfeited by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, of the commonwealth or of any state; and


(iii) no conveyance or real property shall be subject to forfeiture unless the owner thereof knew or should have known that such conveyance or real property was used in violation of section 50 or 51.


(d) A district attorney or the attorney general may petition the superior court in the name of the commonwealth in the nature of a proceeding in rem to order forfeiture of a conveyance, real property or other things of value subject to forfeiture under subsection (a). Such petition shall be filed in the court having jurisdiction over the conveyance, real property or other things of value or having final jurisdiction over any related criminal proceeding brought under section 50 or 51. In all such suits in which the property is claimed by any person, other than the commonwealth, the commonwealth shall have the burden of proving to the court the existence of probable cause to institute the action, and any such claimant shall then have the burden of proving that the property is not forfeitable pursuant to subsection (c). The owner of the conveyance or real property, or other person claiming thereunder, shall have the burden of proof as to all exceptions set forth in subsections (c) and (j). The court shall order the commonwealth to give notice by certified or registered mail to the owner of the conveyance, real property or other things of value and to such other persons as appear to have an interest therein, and the court shall promptly, but not less than 2 weeks after notice, hold a hearing on the petition. Upon the motion of the owner of the conveyance, real property or other things of value, the court may continue the hearing on the petition pending the outcome of any criminal trial related to the violation of sections 50 or 51. At such hearing, the court shall hear evidence and make conclusions of law, and shall thereupon issue a final order from which the parties shall have a right of appeal. In all such suits in which a final order results in a forfeiture, the final order shall provide for disposition of the conveyance, real property or any other thing of value by the commonwealth or any subdivision thereof in any manner not prohibited by law, including official use by an authorized law enforcement or other public agency, or sale at public auction or by competitive bidding. The proceeds of any such sale shall be used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising and notice and the balance thereof shall be distributed as further provided in this section.


(e) The final order of the court shall be deposited into the Victims of Human Trafficking Trust Fund established in section 66A of chapter 10.


(f) Any officer, department, or agency having custody of any property subject to forfeiture under this section or having disposed of the property shall keep and maintain full and complete records showing from whom it received the property, under what authority it held or received or disposed of said property, to whom it delivered the property, the date and manner of disposition of the property, and the exact kinds, quantities and forms of the property. The records shall be open to inspection by all federal and state officers charged with enforcement of federal and state human trafficking laws. Persons making final disposition of the property under court order shall report, under oath, to the court the exact circumstances of such disposition.


(g) During the pendency of the proceedings, the court may issue at the request of the commonwealth ex parte any preliminary order or process as is necessary to seize or secure the property for which forfeiture is sought and to provide for its custody including, but not limited to: an order that the commonwealth remove the property if possible and safeguard it in a secure location in a reasonable fashion; that monies be deposited in an interest-bearing escrow account; and that a substitute custodian be appointed to manage such property. Property taken or detained under this section shall not be repleviable, but once seized shall be deemed to be lawfully in the custody of the commonwealth pending forfeiture, subject only to the orders and decrees of the court having jurisdiction thereof. Process for seizure of the property shall issue only upon a showing of probable cause, and the application therefore and the issuance, execution and return thereof shall be subject to chapter 276, so far as applicable.


(h) A district attorney or the attorney general may refer any real property, and any furnishings, equipment and related personal property located therein, for which seizure is sought, to the division of capital asset management and maintenance office of seized property management, established under section 47 of chapter 94C. The office of seized property management shall preserve and manage the property in a reasonable fashion and dispose of the property upon a judgment ordering forfeiture, and to enter into contracts to preserve, manage and dispose of the property. The office of seized property management may receive initial funding from the special law enforcement trust funds of the attorney general and each district attorney under paragraph (f) and shall subsequently be funded by a portion of the proceeds of each sale of such managed property to the extent provided as payment of reasonable expenses in paragraph (d).


(i) The owner of any real property which is the principal domicile of the immediate family of the owner and which is subject to forfeiture under this section may file a petition for homestead exemption with the court having jurisdiction over such forfeiture. The court may, in its discretion, allow the petition exempting from forfeiture an amount allowed under section 1 of chapter 188. The value of the balance of the principal domicile, if any, shall be forfeited as provided in this section. Such homestead exemption may be acquired on only 1 principal domicile for the benefit of the immediate family of the owner.


(j) A forfeiture proceeding affecting the title to real property or the use and occupation thereof or the buildings thereon shall not have any effect except against the parties thereto and persons having actual notice thereof, until a memorandum containing the names of the parties to such proceeding, the name of the town wherein the affected real property lies, and a description of the real property sufficiently accurate for identification is recorded in the registry of deeds for the county or district wherein the real property lies. At any time after a judgment on the merits, or after the discontinuance, dismissal or other final disposition is recorded by the court having jurisdiction over such matter, the clerk of such court shall issue a certificate of the fact of such judgment, discontinuance, dismissal or other final disposition, and such certificate shall be recorded in the registry in which the original memorandum recorded pursuant to this section was filed.


CREDIT(S)


Added by St.2011, c. 178, § 23, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 265 § 57


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 265. Crimes Against the Person (Refs & Annos)

§ 57. Victim of human trafficking as affirmative defense to charges of common night walking or common streetwalking


In any prosecution or juvenile delinquency proceeding of a person who is a human trafficking victim, as defined by section 20M of chapter 233, it shall be an affirmative defense to charges of engaging in common night walking or common streetwalking in violation of section 53 of chapter 272 and to a violation of section 53A of said chapter 272 that, while a human trafficking victim, such person was under duress or coerced into committing the offenses for which such person is being prosecuted or against whom juvenile delinquency proceedings have commenced.


CREDIT(S)


Added by St.2011, c. 178, § 23, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 266, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 1. Dwelling houses; burning or aiding in burning


Whoever wilfully and maliciously sets fire to, burns, or causes to be burned, or whoever aids, counsels or procures the burning of, a dwelling house, or a building adjoining or adjacent to a dwelling house, or a building by the burning whereof a dwelling house is burned, whether such dwelling house or other building is the property of himself or another and whether the same is occupied or unoccupied, shall be punished by imprisonment in the state prison for not more than twenty years, or by imprisonment in a jail or house of correction for not more than two and one half years, or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. The words “dwelling house”, as used in this section, shall mean and include all buildings used as dwellings such as apartment houses, tenement houses, hotels, boarding houses, dormitories, hospitals, institutions, sanatoria, or other buildings where persons are domiciled.


CREDIT(S)


Amended by St.1932, c. 192, § 1; St.1948, c. 43, § 1; St.1974, c. 281.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 2. Meeting house; burning or aiding in burning


Whoever wilfully and maliciously sets fire to, burns, or causes to be burned, or whoever aids, counsels or procures the burning of, a meeting house, church, court house, town house, college, academy, jail or other building which has been erected for public use, or a banking house, warehouse, store, manufactory, mill, barn, stable, shop, outhouse or other building, or an office building, lumber yard, ship, vessel, street car or railway car, or a bridge, lock, dam, flume, tank, or any building or structure or contents thereof, not included or described in the preceding section, whether the same is the property of himself or of another and whether occupied, unoccupied or vacant, shall be punished by imprisonment in the state prison for not more than ten years, or by imprisonment in a jail or house of correction for not more than two and one half years.


CREDIT(S)


Amended by St.1932, c. 192, § 2; St.1948, c. 43, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§§ 3, 4. Repealed, 1932, 192, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§§ 3, 4. Repealed, 1932, 192, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 5. Wood and other property; burning or aiding in burning


Whoever wilfully and maliciously sets fire to, or burns or otherwise destroys or injures by burning, or causes to be burned or otherwise so destroyed or injured, or whoever aids, counsels or procures the burning of, a pile or parcel of wood, boards, timber or other lumber, or any fence, bars or gate, or a stack of grain, hay or other vegetable product, or any vegetable product severed from the soil and not stacked, or any standing tree, grain, grass or other standing product of the soil, or the soil itself, or any personal property of whatsoever class or character exceeding a value of twenty-five dollars, of another, or any boat, motor vehicle as defined in section one of chapter ninety, or other conveyance, whether of himself or another, shall be punished by imprisonment in the state prison for not more than three years, or by a fine of not more than five hundred dollars and imprisonment in a jail or house of correction for not more than one year.


CREDIT(S)


Amended by St.1932, c. 192, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 5A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 5A. Attempts


Whoever wilfully and maliciously attempts to set fire to, or attempts to burn, or aids, counsels or assists in such an attempt to set fire to or burn, any of the buildings, structures or property mentioned in the foregoing sections, or whoever commits any act preliminary thereto or in furtherance thereof, shall be punished by imprisonment in the state prison for not more than ten years, or by imprisonment in a jail or house of correction for not more than two and one half years or by a fine of not more than one thousand dollars.


The placing or distributing of any flammable, explosive or combustible material or substance or any device in or against any building, structure or property mentioned in the foregoing sections in an arrangement or preparation with intent eventually to wilfully and maliciously set fire to or burn such building, structure or property, or to procure the setting fire to or burning of the same shall, for the purposes of this section, constitute an attempt to burn such building, structure or property.


CREDIT(S)


Added by St.1932, c. 192, § 5. Amended by St.1977, c. 975.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 6. Repealed, 1932, 192, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 7. Woods; wanton or reckless injury or destruction by fire


Whoever by wantonly or recklessly setting fire to any material, or by increasing a fire already set, causes injury to, or the destruction of, any growing or standing wood of another shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than two years.


CREDIT(S)


Amended by St.1958, c. 526, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 8. Injury by fire; negligent use


Whoever, not being a tenant thereof, sets or increases a fire upon land of another whereby the property of another is injured, or whoever negligently or wilfully suffers any fire upon his own land to extend beyond the limits thereof whereby the woods or property of another are injured, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than two years, and the town where such fire occurred may recover in an action of tort, brought within two years after the cause of action accrues, against any such person the expense of extinguishing such fire.


CREDIT(S)


Amended by St.1932, c. 192, § 6; St.1948, c. 370, § 1; St.1958, c. 526, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 9. Injury by fire; negligent use in town; damages


Whoever, in a town which accepts this section or has accepted corresponding provisions of earlier laws, sets a fire on land which is not owned or controlled by him and before leaving the same neglects to entirely extinguish such fire, or whoever wilfully or negligently sets a fire on land which is not owned or controlled by him whereby property is endangered or injured, or whoever wilfully or negligently suffers a fire upon his own land to escape beyond the limits thereof to the injury of another, shall be punished by a fine of not more than one hundred dollars or by imprisonment in jail for not more than one month, or both, and shall also be liable for all damages caused thereby. Such fine shall be equally divided between the complainant and the town. This section shall not apply to cities.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 10. Insured property; burning with intent to defraud


Whoever, wilfully and with intent to defraud or injure the insurer, sets fire to, or attempts to set fire to, or whoever causes to be burned, or whoever aids, counsels or procures the burning of, a building, or any goods, wares, merchandise or other chattels, belonging to himself or another, and which are at the time insured against loss or damage by fire, shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one half years.


CREDIT(S)


Amended by St.1932, c. 192, § 7.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 11. Fire alarm, engine or apparatus; injury before fire


Whoever, within twenty-four hours prior to the burning of a building or other property, wilfully, intentionally and without right cuts or removes a bell rope or a wire or conduit connected with a fire alarm signal system or injures or disables any fire alarm signal box or any part of such system in the vicinity of such building or property, or cuts, injures or destroys an engine, hose or other fire apparatus in said vicinity shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 12. Fire alarm, engine or apparatus; injury during fire to prevent alarm or extinction of fire


Whoever, during the burning of a building or other property, wilfully and maliciously cuts or removes a bell rope or a wire or conduit connected with a fire alarm signal system or injures or disables any fire alarm signal box or any part of such system in the vicinity of such building or property, or otherwise prevents an alarm being given, or whoever cuts, injures or destroys an engine, hose or other fire apparatus, in said vicinity, or otherwise wilfully and maliciously prevents or obstructs the extinction of a fire shall be punished by imprisonment in the state prison for not more than seven years or in jail for not more than two and one half years or by a fine of not more than one thousand dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 13. Fire engines; wanton or malicious injury


Whoever wantonly or maliciously injures a fire engine or other fire apparatus shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years, and shall be further ordered to recognize with sufficient surety or sureties for his good behavior during such term as the court shall order.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 13A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 13A. Duty of hotel manager to notify fire department and sound alarm; penalty


The manager of a hotel or family hotel or such other person as may be in charge of the premises in the absence of the manager, shall, as soon as he becomes aware that there is a fire therein, notify the fire department and, if such fire, or heat, smoke or gas therefrom, threatens to spread to rooms occupied by guests, sound the alarm system required by the state building code.


Whoever violates any provision of this section shall be punished by imprisonment in a jail or house of correction for not more than two and a half years or by a fine of not more than one thousand dollars.


CREDIT(S)


Added by St.1963, c. 690, § 4. Amended by St.1972, c. 802, § 61; St.1981, c. 71.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 14. Burglary; armed; assault on occupants; weapons; punishment


Whoever breaks and enters a dwelling house in the night time, with intent to commit a felony, or whoever, after having entered with such intent, breaks such dwelling house in the night time, any person being then lawfully therein, and the offender being armed with a dangerous weapon at the time of such breaking or entry, or so arming himself in such house, or making an actual assault on a person lawfully therein, shall be punished by imprisonment in the state prison for life or for any term of not less than ten years.


Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years. Whoever commits a subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 20 years. The sentence imposed upon a person who, after being convicted of any offence mentioned in this section, commits the like offence, or any other of the offences therein mentioned, shall not be suspended, nor shall he be placed on probation.


CREDIT(S)


Amended by St.1966, c. 330; St.1998, c. 180, § 65.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 15. Burglary; unarmed


Whoever breaks and enters a dwelling house in the night time, with the intent mentioned in the preceding section, or, having entered with such intent, breaks such dwelling house in the night time, the offender not being armed, nor arming himself in such house, with a dangerous weapon, nor making an assault upon a person lawfully therein, shall be punished by imprisonment in the state prison for not more than twenty years and, if he shall have been previously convicted of any crime named in this or the preceding section, for not less than five years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 16. Breaking and entering at night


Whoever, in the night time, breaks and enters a building, ship, vessel or vehicle, with intent to commit a felony, or who attempts to or does break, burn, blow up or otherwise injures or destroys a safe, vault or other depository of money, bonds or other valuables in any building, vehicle or place, with intent to commit a larceny or felony, whether he succeeds or fails in the perpetration of such larceny or felony, shall be punished by imprisonment in the state prison for not more than twenty years or in a jail or house of correction for not more than two and one-half years.


CREDIT(S)


Amended by St.1943, c. 343, § 1; St.1974, c. 462, § 2; St.1985, c. 312, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 16A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 16A. Building, vessel or vehicle; breaking and entering with intent to commit misdemeanor


Whoever in the nighttime or daytime breaks and enters a building, ship, vessel or vehicle with intent to commit a misdemeanor shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both.


CREDIT(S)


Added by St.1945, c. 229. Amended by St.1966, c. 408.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 17


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 17. Entering without breaking at night; breaking and entering in day time; weapons; punishment


Whoever, in the night time, enters without breaking, or breaks and enters in the day time, a building, ship, vessel, or vehicle, with intent to commit a felony, the owner or any other person lawfully therein being put in fear, shall be punished by imprisonment in the state prison for not more than ten years. Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years or in the house of correction for not more than two and one-half years.


CREDIT(S)


Amended by St.1985, c. 312, § 2; St.1998, c. 180, § 66.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 18. Dwelling house; entry at night; breaking and entering in day time; weapons; punishment


Whoever, in the night time, enters a dwelling house without breaking, or breaks and enters in the day time a building, ship or motor vehicle or vessel, with intent to commit a felony, no person lawfully therein being put in fear, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than five hundred dollars and imprisonment in jail for not more than two years. Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years or by imprisonment in the house of correction for not more than two and one-half years.


CREDIT(S)


Amended by St.1989, c. 490; St.1998, c. 180, § 67.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 18A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 18A. Entering dwelling house by false pretenses; intent to commit felony; larceny; punishment


Whoever enters a dwelling house by false pretenses, without breaking and with the intent to commit a felony, no person lawfully therein being put in fear, or whoever enters a dwelling house by false pretenses, without breaking and, after having entered, commits a larceny, as defined by section 30, no person lawfully therein being put in fear, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than $5,000 and imprisonment in a house of correction for not more than two years, or by both such fine and imprisonment.


CREDIT(S)


Added by St.1998, c. 320.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 19


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 19. Railroad car; breaking and entering


Whoever breaks and enters, or enters in the night time without breaking, a railroad car, with intent to commit a felony, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than five hundred dollars and imprisonment in the house of correction for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 20


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 20. Stealing in building, ship or railroad car


Whoever steals in a building, ship, vessel or railroad car shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than five hundred dollars or by imprisonment in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 20A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 20A. Breaking and entering of trucks, tractors, trailers or freight containers


Whoever breaks and enters, or enters without breaking, a truck, tractor/trailer unit, trailer, semi-trailer or freight container with intent to commit a felony, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than five hundred dollars and imprisonment in the house of correction for not more than two years.


CREDIT(S)


Added by St.1976, c. 236.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 20B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 20B. Stealing in trucks, tractors, trailers or freight containers


Whoever steals in a truck, tractor/trailer unit, trailer, semi-trailer or freight container shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than five hundred dollars or by imprisonment in jail for not more than two years.


CREDIT(S)


Added by St.1976, c. 236.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 21


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 21. Stolen property; refusal to surrender


Whoever, having been convicted, either as principal or accessory, of burglary or robbery, or of any of the crimes described in sections seventeen to twenty, inclusive, of chapter two hundred and sixty-five, or of breaking and entering or of entering a building with intent to commit robbery or larceny, has in his possession or control money, goods, bonds or bank notes, or any paper of value, or any property of another, which was obtained or taken by means of such crime, and, upon being requested by the lawful owner thereof to deliver the same to him, refuses or fails so to do while having power to deliver the same, shall be punished by imprisonment in the state prison for not more than five years or in jail or house of correction for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 22


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 22. Poultry thieves; detention by owner; penalty


Whoever, with intent to commit larceny, breaks or enters or enters in the night without breaking any building or enclosure wherein is kept or confined any kind of live poultry, may be detained or kept in custody in a convenient place by the owner of the poultry, or by his agent or employee, for not more than twenty-four hours, Sunday excepted, until a complaint can be made against him for the offence and he be taken upon a warrant issued upon such complaint, and, upon conviction of such trespassing or breaking or entering shall be punished by imprisonment in the state prison for not more than three years, or by a fine of not more than five hundred dollars and imprisonment in the house of correction for not more than two years.


CREDIT(S)


Amended by St.1935, c. 365; St.1950, c. 30.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 23


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 23. Embezzlement of property at fire; effect


Whoever steals, conveys away or conceals any furniture, goods, chattels, merchandise or effects of persons whose houses or buildings are on fire or are endangered thereby, and does not, within two days thereafter, restore the same or give notice of his possession thereof to the owner, if known, or, if unknown, to the mayor or one of the aldermen, selectmen or firewards of the place, shall be guilty of larceny.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 24


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 24. Stealing at a fire; punishment


Whoever steals in a building which is on fire, or steals property which has been removed in consequence of an alarm caused by fire, shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than five hundred dollars and imprisonment in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 25


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 25. Larceny by stealing; punishment; victim sixty-five or older; minimum sentence for repeat offenders


(a) Whoever commits larceny by stealing from the person of a person sixty-five years or older shall be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one-half years.


Whoever, after having been convicted of said crime commits a second or subsequent such crime, shall be punished by imprisonment for not less than two years. Said sentence shall not be reduced until one year of said sentence has been served nor shall the person convicted be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served one year of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection.


(b) Whoever commits larceny by stealing from the person of another shall be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one-half years.


CREDIT(S)


Amended by St.1943, c. 518, § 1; St.1981, c. 678, § 5.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 26


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 26. Repealed, 1945, 282, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 27


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 27. Tools of contractors, builders or mechanics; stealing; penalty


Whoever steals any tool belonging to any contractor, builder or mechanic from any building during the course of its construction, completion, alteration or repair, shall, for a first offence be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, or both, and for a subsequent offence by a fine of one hundred dollars or by imprisonment for six months, or both.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 27A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 27A. Motor vehicle or trailer; removal or concealment to defraud insurer


Whoever, with intent to defraud the insurer, removes or conceals a motor vehicle or trailer belonging to himself or another which is at the time insured against theft, or whoever, with intent as aforesaid, aids or abets in such removal or concealment, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in jail or house of correction for not less than one year nor more than two and one-half years, and a fine of not less than five hundred or more than five thousand dollars.


The court shall, after conviction, conduct an evidentiary hearing to ascertain the extent of the damages or financial loss suffered as a result of the defendant's crime. A person found guilty of violating this section shall, in all cases, upon conviction, in addition to any other punishment, be ordered to make restitution to the insurer for any financial loss sustained as a result of the commission of the crime; provided, however, that restitution shall not be ordered to a party whom the court determines to be aggrieved without that party's consent. Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant's present and future ability to pay in its determinations regarding a find; provided, further, that, whenever possible subject to the constraints of this paragraph and the preceding paragraph, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant's crime.


In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment of restitution. If the court finds that because of any such change the payment of restitution will impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.


If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.


A prosecution commenced under this section shall not be placed on file, or continued without a finding and the sentence imposed upon a person convicted of violating this section for a second or subsequent offense shall not be reduced to less than one year nor shall any sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served one year of such sentence if convicted of a second or subsequent offense.


A person convicted of a second or subsequent offense of violating the provisions of this section shall not be eligible for probation, parole, furlough or work release; provided, however that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institutions.


CREDIT(S)


Amended by St.1959, c. 160, § 1; St.1980, c. 463, § 3; St.1988, c. 273, §§ 56, 57; St.1989, c. 334.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 28


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 28. Motor vehicle or trailer; theft or concealment; operation without owner's consent after revocation of license; penalty


(a) Whoever steals a motor vehicle or trailer, whoever maliciously damages a motor vehicle or trailer, whoever buys, receives, possesses, conceals, or obtains control of a motor vehicle or trailer, knowing or having reason to know the same to have been stolen, or whoever takes a motor vehicle without the authority of the owner and steals from it any of its parts or accessories, shall be punished by imprisonment in the state prison for not more than fifteen years or by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than fifteen thousand dollars, or by both such fine and imprisonment.


Evidence that an identifying number or numbers of a motor vehicle or trailer or part thereof has been intentionally and maliciously removed, defaced, altered, changed, destroyed, obliterated, or mutilated, shall be prima facie evidence that the defendant knew or had reason to know that the motor vehicle, or trailer or part thereof had been stolen.


A prosecution commenced under this subdivision shall not be placed on file or continued without a finding and the sentence imposed upon a person convicted of violating this subdivision for a second or subsequent offense shall not be reduced to less than one year imprisonment, nor shall any sentence imposed upon any person be suspended, or reduced, until such person shall have served one year of such sentence if convicted of a second or subsequent such offense.


A person convicted of a second or subsequent offense of violating the provisions of this subdivision shall not be eligible for probation, parole, furlough or work release; provided, however that the commissioner of correction may, on the recommendation of warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution.


(b) Whoever conceals any motor vehicle or trailer thief knowing him to be such, shall be punished by imprisonment for not more than ten years or by imprisonment in jail or house of correction for not more than two and one-half years or by a fine of not more than five thousand dollars, or both.


(c) A conviction of a violation of this section or any adjudication that a person is a delinquent child by reason thereof shall be reported forthwith by the court or magistrate to the registrar of motor vehicles who shall revoke immediately the license to operate motor vehicles or the right to operate motor vehicles of the person so convicted or adjudged, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of such license or right to operate. The registrar of motor vehicles after having revoked the license or right to operate of any such person so convicted or adjudged shall issue a new license or reinstate such right to operate, if the prosecution of such person is finally terminated in his favor; otherwise, no new license shall be issued nor shall such right to operate be reinstated until one year after the date of revocation following his original conviction or adjudication if for a first offense, or until five years after the date of revocation following any subsequent conviction or adjudication.


CREDIT(S)


Amended by St.1959, c. 160, § 2; St.1966, c. 191, § 2; St.1967, c. 662; St.1967, c. 849; St.1971, c. 123; St.1972, c. 78; St.1980, c. 463, § 4; St.1985, c. 380; St.1988, c. 273, § 58; St.1989, c. 341, § 101.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 29


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 29. Statement concerning theft; recovery of vehicles; restitution


Whenever a motor vehicle is stolen or misappropriated, the owner of record shall sign and submit to the appropriate police authority a statement under the penalties of perjury on a form containing such information relating to the theft or misappropriation of the vehicle as is prescribed by the registrar of motor vehicles.


Whenever a stolen or misappropriated motor vehicle is recovered by a police officer or other law enforcement officer, the police department shall notify the registry of motor vehicles, the owner of record and the storage facility if any, as soon as possible after the identity of the owner is determined. Such notification may be made by letter, telephone call or personal visit to the owner and shall include information as to the location of the recovered vehicle. In the event the vehicle is placed in a garage or other storage facility, the owner of said facility shall lose his lien for the reasonable charges for storage and towing unless he notifies the owner of record of the vehicle by certified mail and return receipt requested within five days of the date of said recovery or his actual knowledge of the identity of the owner of record. Said notice shall contain the information on the location of the vehicle and the amount of charge due on said vehicle.


The court shall, after a defendant is convicted of a violation of subsection (a) of section twenty-eight, conduct an evidentiary hearing to ascertain the extent of the damages or financial loss suffered as a result of the defendant's crime. A person found guilty of violating subsection (a) of section twenty-eight shall in all cases, upon conviction, in addition to any other punishment, be ordered to make restitution to the insurer for any financial loss sustained as a result of the commission of the crime; provided, however, that restitution shall not be ordered to a party whom the court determines to be aggrieved without that party's consent. Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant's present and future ability to pay in its determinations regarding a fine; provided, further, that, whenever possible subject to the constraints of this paragraph and the first paragraph of said subsection (a) of section twenty-eight, the amount of a fine imposed for a violation of said subsection (a) of section twenty-eight shall equal twice the amount of damages or financial loss suffered as a result of the defendant's crime.


In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment of restitution. If the court finds that because of any such change the payment of restitution will impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.


If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.


CREDIT(S)


Amended by St.1980, c. 463, § 4; St.1988, c. 273, § 59.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 29A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 29A. Repealed, 1980, 463, Sec. 4



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 29B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 29B. Burning motor vehicle; owner's statement to fire department


Whenever a motor vehicle is burned, the owner of record of such vehicle shall submit to the appropriate fire department a statement signed under the penalties of perjury containing such information concerning the burning of such vehicle as the state fire marshall shall require.


CREDIT(S)


Added by St.1987, c. 44, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 30


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 30. Larceny; general provisions and penalties


(1) Whoever steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another as defined in this section, whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny, and shall, if the property stolen is a firearm, as defined in section one hundred and twenty-one of chapter one hundred and forty, or, if the value of the property stolen exceeds two hundred and fifty dollars, be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than twenty-five thousand dollars and imprisonment in jail for not more than two years; or, if the value of the property stolen, other than a firearm as so defined, does not exceed two hundred and fifty dollars, shall be punished by imprisonment in jail for not more than one year or by a fine of not more than three hundred dollars; or, if the property was stolen from the conveyance of a common carrier or of a person carrying on an express business, shall be punished for the first offence by imprisonment for not less than six months nor more than two and one half years, or by a fine of not less than fifty nor more than six hundred dollars, or both, and for a subsequent offence, by imprisonment for not less than eighteen months nor more than two and one half years, or by a fine of not less than one hundred and fifty nor more than six hundred dollars, or both.


(2) The term “property”, as used in the section, shall include money, personal chattels, a bank note, bond, promissory note, bill of exchange or other bill, order or certificate, a book of accounts for or concerning money or goods due or to become due or to be delivered, a deed or writing containing a conveyance of land, any valuable contract in force, a receipt, release or defeasance, a writ, process, certificate of title or duplicate certificate issued under chapter one hundred and eighty-five, a public record, anything which is of the realty or is annexed thereto, a security deposit received pursuant to section fifteen B of chapter one hundred and eighty-six, electronically processed or stored data, either tangible or intangible, data while in transit, telecommunications services, and any domesticated animal, including dogs, or a beast or bird which is ordinarily kept in confinement.


(3) The stealing of real property may be a larceny from one or more tenants, sole, joint or in common, in fee, for life or years, at will or sufferance, mortgagors or mortgagees, in possession of the same, or who may have an action of tort against the offender for trespass upon the property, but not from one having only the use or custody thereof. The larceny may be from a wife in possession, if she is authorized by law to hold such property as if sole, otherwise her occupation may be the possession of the husband. If such property which was of a person deceased is stolen, it may be a larceny from any one or more heirs, devisees, reversioners, remaindermen or others, who have a right upon such deceased to take possession, but not having entered, as it would be after entry. The larceny may be from a person whose name is unknown, if it would be such if the property stolen were personal, and may be committed by those who have only the use or custody of the property, but not by a person against whom no action of tort could be maintained for acts like those constituting the larceny.


(4) Whoever steals, or with intent to defraud obtains by a false pretense, or whoever unlawfully, and with intent to steal or embezzle, converts, secretes, unlawfully takes, carries away, conceals or copies with intent to convert any trade secret of another, regardless of value, whether such trade secret is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny, and shall be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than twenty-five thousand dollars and imprisonment in jail for not more than two years. The term “trade secret” as used in this paragraph means and includes anything tangible or intangible or electronically kept or stored, which constitutes, represents, evidences or records a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention or improvement.


(5) Whoever steals or with intent to defraud obtains by a false pretense, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another, sixty years of age or older, or of a person with a disability as defined in section thirteen K of chapter two hundred and sixty-five, whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny, and shall, if the value of the property exceeds two hundred and fifty dollars, be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than two and one-half years, or by a fine of not more than fifty thousand dollars or by both such fine and imprisonment; or if the value of the property does not exceed two hundred and fifty dollars, shall be punished by imprisonment in the house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars or by both such fine and imprisonment. The court may order, regardless of the value of the property, restitution to be paid to the victim commensurate with the value of the property.


CREDIT(S)


Amended by St.1945, c. 282, § 2; St.1966, c. 153, § 1; St.1967, c. 817, § 1; St.1968, c. 737, § 10; St.1977, c. 979, § 3; St.1983, c. 147, §§ 1, 2; St.1985, c. 306, §§ 1, 2; St.1987, c. 75; St.1987, c. 124, § 1; St.1987, c. 468, § 1; St.1995, c. 272, § 3; St.1995, c. 297, § 9.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 30A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 30A. Shoplifting; penalty; arrest without warrant


Any person who intentionally takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use of benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or


any person who intentionally conceals upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of proceeds, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or


any person who intentionally alters, transfers or removes any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the retail value thereof; or


any person who intentionally transfers any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof; or


any person who intentionally records a value for the merchandise which is less than the actual retail value with the intention of depriving the merchant of the full retail value thereof; or


any person who intentionally removes a shopping cart from the premises of a store or other retail mercantile establishment, without the consent of the merchant given at the time of such removal, with the intention of permanently depriving the merchant of the possession, use or benefit of such cart; and where the retail value of the goods obtained is less than one hundred dollars, shall be punished for a first offense by a fine not to exceed two hundred and fifty dollars, for a second offense by a fine of not less than one hundred nor more than five hundred dollars and for a third or subsequent offense by a fine of not more than five hundred dollars or imprisonment in a jail for not more than two years, or by both such fine and imprisonment. Where the retail value of the goods obtained equals or exceeds one hundred dollars, any violation of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.


If the retail value of the goods obtained is less than one hundred dollars, this section shall apply to the exclusion of section thirty.


Law enforcement officers may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section. The statement of a merchant or his employee or agent that a person has violated a provision of this section shall constitute probable cause for arrest by any law enforcement officer authorized to make an arrest in such jurisdiction.


CREDIT(S)


Added by St.1981, c. 618, § 3. Amended by St.1996, c. 430; St.1998, c. 295, § 43; St.1998, c. 463, § 190.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 31


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 31. Signature; obtaining under false pretenses


Whoever by a false pretence, with intent to defraud, obtains the signature of a person to a written instrument, the false making whereof would be a forgery, shall be punished by imprisonment in the state prison for not more than ten years, or by a fine of not more than five hundred dollars and imprisonment in the jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 32


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 32. Fraudulent conversion of property by captain of vessel


Whoever, being a captain of a vessel, embezzles or fraudulently converts or appropriates money, goods or property, held or possessed by or delivered to him, which belong wholly or in part to the crew of such vessel, the owners of the vessel, or to those who have furnished supplies to the vessel, although he is a joint charterer or co-partner with the members of the crew or with the owners of the vessel, or with the person who furnished the supplies, shall be guilty of larceny.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 33


Effective: August 7, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 33. Larceny; false pretences relating to contracts, banking transactions or credit


(1) Whoever, with intent to defraud, obtains by a false pretence the making, acceptance or endorsement of a bill of exchange or promissory note, the release or substitution of collateral or other security, an extension of time for the payment of an obligation, or the release or alteration of the obligation of a written contract, or (2) whoever, with intent to defraud, by a false statement in writing respecting the financial condition, or means or ability to pay, of himself or of any other person, obtains for himself or for any other person credit from any bank or trust company or any banking institution or any mortgage lender, as defined in section 1 of chapter 255E, or any retail seller of goods or services accustomed to give credit in any form whatsoever shall be guilty of larceny.


CREDIT(S)


Amended by St.1945, c. 282, § 3; St.1967, c. 236; St.2010, c. 258, § 9, eff. Aug. 7, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 33A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 33A. Obtaining computer services by fraud or misrepresentation; penalties


Whoever, with intent to defraud, obtains, or attempts to obtain, or aids or abets another in obtaining, any commercial computer service by false representation, false statement, unauthorized charging to the account of another, by installing or tampering with any facilities or equipment or by any other means, shall be punished by imprisonment in the house of correction for not more than two and one-half years or by a fine of not more than three thousand dollars, or both. As used in this section, the words “commercial computer service” shall mean the use of computers, computer systems, computer programs or computer networks, or the access to or copying of the data, where such use, access or copying is offered by the proprietor or operator of the computer, system, program, network or data to others on a subscription or other basis for monetary consideration.


CREDIT(S)


Added by St.1994, c. 168, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 34


Effective: August 7, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 34. Larceny; inducement to part with property


Whoever, with intent to defraud and by a false pretence, induces another to part with property of any kind or with any of the benefits described in sections 33 and 33A shall be guilty of larceny.


CREDIT(S)


Amended by St.2010, c. 258, § 10, eff. Aug. 7, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 35


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 35. Non-applicability of Secs. 30, 31 and 34


Sections thirty, thirty-one and thirty-four shall not apply to a purchase of property by means of a false pretence relative to the purchaser's means or ability to pay, if, by the terms of the purchase, payment therefor is not to be made upon or before the delivery of the property purchased, unless such pretence is made in writing and is signed by the person to be charged.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 35A


Effective: August 7, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 35A. False material statements or omissions during or in connection with mortgage lending process; penalties; mitigating factors with respect to sentencing


(a) As used in this section, the following words shall have the following meanings, unless the context clearly otherwise requires:--


“Funds”, shall include, but not be limited to, a commission, fee, yield spread premium or compensation in any form.


“Material omission”, the omission or concealment of a material fact necessary to prevent a statement from being misleading, in the light of the circumstances under which the statement is made.


“Mortgage lending process”, the process through which a person seeks or obtains a residential mortgage loan including, but not limited to, solicitation, application, origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan; provided, however, that documents involved in the mortgage lending process shall include, but not be limited to, uniform residential loan applications or other loan applications, appraisal reports, HUD-1 settlement statements, supporting personal documentation for loan applications such as W-2 forms, verification of income and employment, bank statements, tax returns and payroll stubs and any required disclosures.


“Pattern of residential mortgage fraud”, violation of subsection (b) in connection with 3 or more residential properties.


“Person”, a natural person, corporation, company, limited liability company, partnership, real estate trust, association or any other entity.


“Residential mortgage loan”, a loan or agreement to extend credit made to a person, which loan is secured by a mortgage, security interest, deed to secure debt, deed of trust, or other document representing a security interest or lien upon any interest in a 1 to 4 family residential property located in the commonwealth, including the renewal or refinancing of any such loan.


(b) Whoever intentionally: (1) makes or causes to be made any material statement that is false or any statement that contains a material omission, knowing the same to be false or to contain a material omission, during or in connection with the mortgage lending process, with the intent that such statement be relied upon by a mortgage lender, borrower or any other party to the mortgage lending process; (2) uses, or facilitates the use of, any material statement that is false or any statement that contains a material omission, knowing the same to be false or to contain a material omission, during or in connection with the mortgage lending process, with the intent that such statement be relied upon by a mortgage lender, borrower or any other party to the mortgage lending process; (3) receives any proceeds or any other funds in connection with a residential mortgage closing, knowing such proceeds or funds were obtained in violation of clause (1) or (2); or (4) files or causes to be filed with a registrar of deeds any document that contains a material statement that is false or a material omission, knowing such document to contain a material statement that is false or a material omission, shall be punished by imprisonment in the state prison for not more than 5 years or by imprisonment in the house of correction for not more than 2 and one-half years or by a fine of not more than $10,000 in the case of a natural person or not more than $100,000 in the case of any other person, or by both such fine and imprisonment.


Any person who engages in a pattern of residential mortgage fraud shall be punished by imprisonment in the state prison for not more than 15 years or by a fine of not more than $50,000, in the case of a natural person, or not more than $500,000 in the case of any other person, or by both such fine and imprisonment.


(c) If a defendant is convicted of a violation of this section as a result of conduct or an omission by an employee or agent of the defendant the court may consider the following mitigating factors with respect to sentencing:


(1) that the defendant had instituted and maintained at the time of the violation, and continues to have, a written policy including:


(i) a prohibition against conduct that violates this section by employees and agents of the defendant;


(ii) penalties or discipline for violation of the policy;


(iii) a process for educating employees and agents concerning the policy and consequences of a violation thereof; and


(iv) with respect to a defendant authorized to conduct criminal history checks for the employee's or agent's position, a requirement for a criminal history check before employing an employee or engaging an agent and a requirement that the defendant will not employ or engage an individual who has been convicted of a crime involving fraud;


(2) a demonstration that the defendant enforces the policy described in clause (1); and


(3) prior to the violation of this section the defendant provided a copy of the policy described in clause (1), including a description of the consequences for violating the policy, to the employee or agent who committed the violation.


CREDIT(S)


Added by St.2010, c. 258, § 11, eff. Aug. 7, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 36


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 36. Repealed, 1945, 282, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 37


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 37. Fraudulent checks, etc.; drawing or uttering


Whoever, with intent to defraud, makes, draws, utters or delivers any check, draft or order for the payment of money upon any bank or other depositary, with knowledge that the maker or drawer has not sufficient funds or credit at such bank or other depositary for the payment of such instrument, although no express representation is made in reference thereto, shall be guilty of attempted larceny, and if money or property or services are obtained thereby shall be guilty of larceny. As against the maker or drawer thereof, the making, drawing, uttering or delivery of such a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in, or credit with, such bank or other depositary, unless the maker or drawer shall have paid the holder thereof the amount due thereon, together with all costs and protest fees, within two days after receiving notice that such check, draft or order has not been paid by the drawee. The word “credit”, as used herein, shall be construed to mean an arrangement or understanding with the bank or depositary for the payment of such check, draft or order.


CREDIT(S)


Amended by St.1937, c. 99; St.1955, c. 133.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 37A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 37A. Misuse of credit cards; definitions


As used in sections thirty-seven A to thirty-seven C, inclusive, the following words shall have the following meanings, unless the context otherwise requires:


“Cardholder”, the person named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.


“Credit card”, any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit.


“Expired credit card”, a credit card which is no longer valid because the term shown on its face has elapsed.


“Falsely embosses”, completion of a credit card, without the authorization of the named issuer, by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder.


“Falsely makes”, making or drawing, in whole or in part, a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing, or altering a credit card which was validly issued.


“Incomplete credit card”, a credit card that does not contain all of the matter that must be stamped, embossed, imprinted or written on said card other than the signature, as required by the issuer before it can be used by a cardholder.


“Issuer”, the business organization or financial institution which issues a credit card or his duly authorized agent.


“Receives” or “receiving”, acquiring possession or control or accepting as security for a loan.


“Revoked credit card”, a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.


CREDIT(S)


Added by St.1960, c. 456. Amended by St.1969, c. 51; St.1969, c. 832.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 37B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 37B. Misuse of credit cards; penalties; multiple possession, presumption; arrest


Whoever, with intent to defraud, (a) makes or causes to be made, either directly or indirectly, any false statement as to a material fact in writing, knowing it to be false and with intent that it be relied on, respecting his identity or that of any other person, or his financial condition or that of any other person, for the purpose of procuring the issuance of a credit card, or (b) takes a credit card from the person, possession, custody or control of another without the cardholder's consent by any conduct which would constitute larceny, or who, with knowledge that it has been so taken, receives the credit card with intent to use it or to sell it, or to transfer it to a person other than the issuer or cardholder, or (c) receives a credit card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder, or (d) being a person other than the issuer or his authorized agent, sells a credit card, or buys a credit card from a person other than the issuer or his authorized agent, or (e) being a person other than the cardholder or a person authorized by him, signs a credit card, or (f) uses, for the purpose of obtaining money, goods, services or anything else of value, a credit card obtained or retained in violation of clauses (b) to (e), inclusive, or a credit card which he knows is forged, expired or revoked, where the value of money, goods or services obtained in violation of this section is not in excess of two hundred and fifty dollars, or (g) obtains money, goods, services or anything else of value by representing without the consent of the cardholder that he is said cardholder or by representing that he is the holder of a card and such card has not in fact been issued, where the value of money, goods or services obtained is not in excess of two hundred and fifty dollars, or (h) being a person authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder, or any agent or employees of such person, furnishes money, goods, services or anything else of value upon presentation of a credit card which he knows was obtained or retained in violation of clauses (b) to (e), inclusive, or a credit card which he knows is forged, expired or revoked where the value of the goods or services obtained is not in excess of two hundred and fifty dollars, or (i) being a person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, fails to furnish money, goods, services or anything else of value which he represents in writing to the issuer that he has furnished, and the difference between the value of all money, goods, services and anything else of value actually furnished and the value represented to the issuer to have been furnished does not exceed two hundred and fifty dollars, or (j) receives money, goods, services or anything else of value obtained in violation of clauses (f) to (i), inclusive, or (k) makes a false statement in reporting a credit card to be lost or stolen, shall be punished by a fine of not more than five hundred dollars or by imprisonment in a jail or house of correction for not more than one year or both.


Whoever has in his possession or under his control stolen credit cards issued in the names of four or more other persons shall be presumed to have violated clause (b).


Whoever is discovered by a police officer in the act of violating this section, while such officer is lawfully at or within the place where such violation occurs, may be arrested without a warrant by such police officer.


CREDIT(S)


Added by St.1969, c. 832. Amended by St.1971, c. 90, § 1; St.1984, c. 231, § 1; St.1987, c. 468, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 37C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 37C. Fraudulent use of credit cards to obtain money, goods or services; false embossment of credit cards, multiple possession, presumption; arrest


Whoever, with intent to defraud, (a) obtains control over a credit card as security for debt, or (b) receives a credit card which he knows was taken or retained under circumstances which constitute credit card theft or a violation of clauses (a) or (d) of section thirty-seven B or clause (a) of this section, or (c) falsely makes or falsely embosses a purported credit card or utters such a credit card, or (d) obtains money, goods, services or anything else of value by use of a credit card obtained or retained in violation of clauses (b) to (e), inclusive, of section thirty-seven B, or by use of a credit card which he knows is forged, expired or revoked, where the value of the money, goods or services obtained in violation of this section is in excess of two hundred and fifty dollars, or (e) obtains money, goods or services or anything else of value by representing without the consent of the cardholder that he is said cardholder or by representing that he is the holder of a card and such card has not in fact been issued, where the value of money, goods or services obtained in violation of this section is in excess of two hundred and fifty dollars, or (f) being a person authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card which he knows was obtained in violation of subsections (b) to (e), inclusive, of section thirty-seven B, or a credit card which he knows is forged, expired or revoked, when the value of the money, goods or services obtained is in excess of two hundred and fifty dollars, or (g) being a person authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder or any agent or employee of such person, fails to furnish money, goods or services or anything else of value which he represents in writing to the issuer that he has furnished, and the difference between the value of all money, goods, services and anything else of value actually furnished and the value represented to the issuer to have been furnished exceeds two hundred and fifty dollars, or (h) receives money, goods, services or anything else of value obtained in violation of subsections (f) or (g) of section thirty-seven B, or (i) possesses one or more incomplete credit cards, intending to complete them without the consent of the issuer, or (j) possesses, with knowledge of its character, machinery, plates or any other contrivance designed to reproduce instruments purporting to be the credit cards of an issuer who has not consented to the preparation of such credit cards, shall be punished by a fine of not more than two thousand dollars, or by imprisonment in a jail or house of correction for not more than two and one half years or in the state prison for not more than five years, or by both such fine and imprisonment.


Whoever has in his possession or under his control four or more credit cards which are falsely embossed shall be presumed to have violated clause (c).


Whoever is discovered by a police officer in the act of violating this section, while such officer is lawfully at or within the place where such violation occurs, may be arrested without a warrant by such police officer.


CREDIT(S)


Added by St.1969, c. 832. Amended by St.1971, c. 90, § 2; St.1987, c. 468, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 37D


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 37D. Publishing credit card numbering or coding systems


Whoever publishes or causes to be published the number or code of an existing, canceled, revoked, expired, or nonexistent credit card issued by a public utility company or the numbering or coding system which is employed in the issuance of such credit cards, or any method, scheme, instruction or information on how to fraudulently avoid payment for telecommunication services, with the intent that such number or coding system or information be used or with knowledge that such system or information are to be used to fraudulently avoid the payment of any lawful charges imposed by a public utility company shall be punished by a fine not exceeding two thousand dollars or by imprisonment for not more than twelve months, or both.


As used in this section, “publishes” means the communication of information to any one or more persons, either orally, in person, or by telephone, radio, or television, or in a writing of any kind, including a letter or memorandum, circular, poster, or handbill, newspaper or magazine article, or book with the intent that such information be used or employed in violation of this section.


CREDIT(S)


Added by St.1973, c. 1156.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 37E


Effective: October 31, 2007


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 37E. Use of personal identification of another; identity fraud; penalty; restitution


(a) For purposes of this section, the following words shall have the following meanings:--


“Harass”, willfully and maliciously engage in an act directed at a specific person or persons, which act seriously alarms or annoys such person or persons and would cause a reasonable person to suffer substantial emotional distress.


“Personal identifying information”, any name or number that may be used, alone or in conjunction with any other information, to assume the identity of an individual, including any name, address, telephone number, driver's license number, social security number, place of employment, employee identification number, mother's maiden name, demand deposit account number, savings account number, credit card number or computer password identification.


“Pose”, to falsely represent oneself, directly or indirectly, as another person or persons.


“Victim”, any person who has suffered financial loss or any entity that provided money, credit, goods, services or anything of value and has suffered financial loss as a direct result of the commission or attempted commission of a violation of this section.


(b) Whoever, with intent to defraud, poses as another person without the express authorization of that person and uses such person's personal identifying information to obtain or to attempt to obtain money, credit, goods, services, anything of value, any identification card or other evidence of such person's identity, or to harass another shall be guilty of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.


(c) Whoever, with intent to defraud, obtains personal identifying information about another person without the express authorization of such person, with the intent to pose as such person or who obtains personal identifying information about a person without the express authorization of such person in order to assist another to pose as such person in order to obtain money, credit, goods, services, anything of value, any identification card or other evidence of such person's identity, or to harass another shall be guilty of the crime of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.


(d) A person found guilty of violating any provisions of this section shall, in addition to any other punishment, be ordered to make restitution for financial loss sustained by a victim as a result of such violation. Financial loss may include any costs incurred by such victim in correcting the credit history of such victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney's fees.


(e) A law enforcement officer may arrest without warrant any person he has probable cause to believe has committed the offense of identity fraud as defined in this section.


(f) A law enforcement officer shall accept a police incident report from a victim and shall provide a copy to such victim, if requested, within 24 hours. Such police incident reports may be filed in any county where a victim resides, or in any county where the owner or license holder of personal information stores or maintains said personal information, the owner's or license holder's principal place of business or any county in which the breach of security occurred, in whole or in part.


CREDIT(S)


Added by St.1998, c. 397, § 1. Amended by St.2000, c. 166, § 13; St.2007, c. 82, § 18, eff. Oct. 31, 2007.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 38


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 38. Larceny; wrongful detention of money by carriers


Whoever, being engaged in the business of transporting merchandise, parcels or other property for hire, accepts from a consignor or his agent or from a connecting carrier any merchandise, parcel or other property for delivery to a consignee upon payment by the consignee of an amount of money for said merchandise, parcel or other property, and embezzles or fraudulently converts to his own use, or with intent to use or embezzle, takes, secretes or otherwise disposes of, or fraudulently withholds, appropriates, lends, invests or otherwise uses or applies such money in whole or in part or any substitute therefor received by him from such consignee, contrary to the instructions or without the consent of the consignor, shall be deemed guilty of larceny. A member or employee of a co-partnership, or an officer or employee of a corporation, engaged in said business of transporting merchandise, parcels or other property for hire who so disposes of such money in whole or in part or any substitute therefor for his own use or for the use of said co-partnership or corporation, contrary to the instructions or without the consent of the consignor, shall be guilty of larceny.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 38A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 38A. Construction loan; misapplication


Whoever obtains a building or construction loan, secured by a mortgage of real estate, for the payment for labor furnished or to be furnished and/or materials used and/or employed or to be used and/or employed in the construction, repair, removal or alteration of a building or other structure which is attached or is to be attached to such real estate, and, before payment in full for all labor furnished or to be furnished and/or materials used or to be used and/or employed or to be employed as aforesaid, applies the proceeds of such loan, or any part thereof, to any use other than payment for labor and/or materials as aforesaid, shall be punished by a fine of not more than five hundred dollars or by imprisonment in jail for not more than one year, or both.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 39


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 39. Wills; destruction or concealment


Whoever steals or for any fraudulent purpose destroys, mutilates or conceals a will, codicil or other testamentary instrument shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not more than two years. An indictment for a violation of this section need not contain any allegation of value or ownership; and in the trial of such an indictment, no disclosure made by any person under section fourteen of chapter one hundred and ninety-one shall be used in evidence against him.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 40


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 40. Common and notorious thief


Whoever, having been convicted, upon indictment, of larceny or of being accessory to larceny before the fact, afterward commits a larceny or is accessory thereto before the fact, and is convicted thereof upon indictment, and whoever is convicted at the same sitting of the court, as principal or accessory before the fact, of three distinct larcenies, shall be adjudged a common and notorious thief, and shall be punished by imprisonment in the state prison for not more than twenty years or in jail for not more than two and one half years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 41


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 41. Larceny of bicycles; second conviction


Whoever is convicted of a second offence of the larceny of a bicycle shall, if the value of the bicycle stolen exceeds ten dollars, be punished by imprisonment in the state prison for not more than five years or by a fine of not more than two hundred dollars or by imprisonment in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 42


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 42. Larceny of paper designated for bank bills


Whoever commits larceny of a printed piece of paper or blank designed for issue by any incorporated bank or banking company in the United States as a bank bill, certificate or promissory note, or printed by means of an engraved plate designed for printing such pieces of paper or blanks, with intent to injure or defraud either by uttering or passing the same, or causing or allowing the same to be uttered or passed as true, either with or without alteration or addition, shall be punished by imprisonment in the state prison for life or for any term of years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 43


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 43. Paper designated for bank bills; retention by printer with intent to pass


Whoever, having been employed to print or having assisted in printing a printed piece of paper or blank described in the preceding section, or having been intrusted with the care or custody thereof, retains it in his possession without the knowledge and consent of the corporation for which it was printed, with intent to injure or defraud either by uttering or passing it or causing or allowing it to be uttered or passed as true, either with or without alteration or addition, shall be punished by imprisonment in the state prison for life or for any term of years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 44


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§§ 44 to 46. Repealed, 1945, 282, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 46


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§§ 44 to 46. Repealed, 1945, 282, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 47


Effective: November 17, 2004


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 47. Dogs; wrongful removal of collar; penalty


Whoever wrongfully removes the collar from a dog which is licensed and collared as provided in chapter one hundred and forty shall be punished by a fine of not more than one hundred dollars, or by six months' imprisonment, or both.


CREDIT(S)


Amended by St.1945, c. 282, § 4; St.1966, c. 153, § 2; St.1987, c. 124, § 2.; St.2004, c. 319, § 2, eff. Nov. 17, 2004.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 48


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 48. Stolen goods; duty of arresting officers to secure


An officer who arrests a person charged as principal or accessory in a robbery or larceny shall secure the property which is alleged to have been stolen, annex a schedule thereof to his return and be answerable for the same; and, upon conviction of the offender, it shall be restored to the owner.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 49


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 49. Burglarious instruments; making; possession; use


Whoever makes or mends, or begins to make or mend, or knowingly has in his possession, an engine, machine, tool or implement adapted and designed for cutting through, forcing or breaking open a building, room, vault, safe or other depository, in order to steal therefrom money or other property, or to commit any other crime, knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ or allow the same to be used or employed for such purpose, or whoever knowingly has in his possession a master key designed to fit more than one motor vehicle, with intent to use or employ the same to steal a motor vehicle or other property therefrom, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two and one half years.


CREDIT(S)


Amended by St.1966, c. 269, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 50


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 50. State treasury; fraud or embezzlement by employee


A person employed in the treasury of the commonwealth who commits a fraud or embezzlement therein shall be punished by a fine of not more than two thousand dollars or by imprisonment in the state prison for life or for any term of years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 51


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 51. City, town or county officers; fraud or embezzlement


A county, city or town officer who embezzles or fraudulently converts, or who fraudulently takes or secretes with intent so to do, effects or property which belong to or are in possession of said county, city or town, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 52


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 52. Bank officers and employees; fraud or embezzlement


An officer, director, trustee, agent or employee of a bank, as defined in section one of chapter one hundred and sixty-seven, who fraudulently converts, or fraudulently takes and secretes with intent so to do, any bullion, money, note, bill or other security for money which belongs to and is in possession of such bank, or which belongs to any person and is deposited therein, shall, whether intrusted with the custody thereof or not, be guilty of larceny from said bank. Any such officer, director, trustee, agent or employee so guilty of larceny and any person who knowingly aids, counsels or procures such larceny to be committed shall be punished by imprisonment in the state prison for not more than fifteen years, or by a fine of not more than two thousand dollars and imprisonment in jail for not more than two and one half years.


CREDIT(S)


Amended by St.1934, c. 270, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 53


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 53. Bank officers or employees; prosecution for fraud or embezzlement; evidence


In prosecutions for such crimes, the fraudulent taking or receiving by any person of bullion, money, notes, bills or other security for money which belongs to such bank, by reason of an unlawful confederacy or agreement between him and an officer of said bank or any person in the employment thereof, with intent to defraud the same, shall be deemed to be a fraudulent taking by such officer or person in the employment of the bank to his own use, within the meaning of the preceding section; and it shall not be necessary, upon the trial, to identify the particular bullion, money, note, bill or security for money which is so taken or received. Upon the trial of the crime of embezzling, fraudulently converting or fraudulently taking and secreting, with intent so to embezzle or convert, the bullion, money, notes, bank notes, checks, drafts, bills of exchange, obligations or other securities for money of any person, bank, corporation, partnership, county, city or town by a cashier or other officer, clerk, agent or servant of such person, bank, corporation, partnership, county, city or town, evidence may be given of any such embezzlement, fraudulent conversion or taking with such intent committed within six months after the time stated in the indictment.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 53A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 53A. Bank officers and employees; misconduct; penalty


An officer, director, trustee, agent or employee of a bank, as defined in section one of chapter one hundred and sixty-seven, who wilfully misapplies otherwise than as described in section fifty-two or fifty-three, any of the moneys, funds, credits or other property of such bank; or who, without authority from the directors or trustees of such bank, executes or issues a certificate of deposit, order or bill of exchange, or makes an acceptance, purporting to be executed, issued or made by such bank; or who, without such authority, assigns any note, bond, draft, bill of exchange, mortgage, judgment, decree or other property of such bank; or who loans the funds or credit of such bank to any individual, corporation, joint stock company, trust, association or partnership when the assets of such borrower are known by such officer, director, trustee, agent or employee to be less than all the liabilities of such borrower other than debts subordinated to such loan, unless such loan is adequately secured or is necessary for the protection of existing loans; or who knowingly receives or accepts for such bank any fictitious, valueless, inadequate or irresponsible obligation directly or as security or endorsement unless the consideration or security is otherwise sufficient, or unless it shall be necessary to prevent loss upon a debt previously contracted in good faith; or who certifies any check drawn upon such bank unless the drawer then has on deposit with the bank and entered to his credit on its books not less than the amount of money specified in the check; or who resorts to any fictitious or colorable loan, transfer or device to avoid any provision of law relating to such bank; or who knowingly makes or causes to be made any false entry in any book, report or statement of such bank; and any person who knowingly aids or abets any violation of this section shall be punished by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than ten years, or in a jail or house of correction for not more than two and one half years, or by both such fine and imprisonment.


CREDIT(S)


Amended by St.1956, c. 297.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 54


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 54. Receipt of deposits by insolvent banks; penalty


Any officer or employee of a bank, as defined in section one of chapter one hundred and sixty-seven, who receives or permits the receipt of any deposit knowing that such bank is insolvent, shall be punished by imprisonment for not more than two and one half years or by a fine of not more than five thousand dollars, or both.


CREDIT(S)


Amended by St.1958, c. 58.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 55


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 55. Liquidating agent or receiver; embezzlement


An agent appointed by the commissioner of banks for the purposes of liquidating the affairs of a bank, as defined in section one of chapter one hundred and sixty-seven, or a person employed by said commissioner under section twenty-six of said chapter, or a receiver or other officer appointed by a court of record, who embezzles or fraudulently converts, or fraudulently takes and secretes with intent so to do, or wilfully misapplies, moneys, funds, credits or other property in his possession by virtue of his appointment or employment, shall be guilty of larceny and shall be punished by imprisonment in the state prison for not more than ten years, or by a fine of not more than one thousand dollars and imprisonment in a jail or house of correction for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 56


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 56. Brokers or agents; embezzlement


A broker, or officer, manager or agent of a corporation doing the business of brokers, who, having been intrusted, solely or jointly, with money, stock or security for the payment of money, with any direction in writing to invest, dispose of, apply, pay or deliver such money, stock or security, or any part thereof, or the proceeds or any part of the proceeds thereof, in any manner, for any purpose or to any person mentioned or specified in such direction, in violation of good faith and contrary to the terms of such direction, embezzles or fraudulently converts such money, stock or security, or any part thereof, or the proceeds or any part of the proceeds thereof, shall be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one half years or by a fine of not more than five hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 57


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 57. Fiduciaries; embezzlement


A trustee under an express trust created by a deed, will or other instrument in writing, or a guardian, conservator, executor or administrator, or any person upon or to whom such a trust has devolved or come, who embezzles or fraudulently converts or appropriates money, goods or property held or possessed by him for the use or benefit, either wholly or partially, of some other person or for a public or charitable purpose, to or for his own use or benefit or to or for the use or benefit of any person other than such person as aforesaid, or for any purpose other than such public or charitable purpose as aforesaid, or who otherwise fraudulently disposes of or destroys such property, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than two thousand dollars and imprisonment in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 58


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 58. Larceny; embezzlement from voluntary association


Whoever, being an officer, agent, clerk or servant of a voluntary association or society, embezzles or fraudulently converts, or fraudulently takes or secretes with intent so to do, effects or property which belong to such association or society, or which have come to his possession or are under his care by virtue of his office or employment, shall be guilty of larceny.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 59


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 59. Simple larceny; embezzlement from voluntary association


Whoever embezzles or fraudulently converts, or secretes with intent to embezzle or fraudulently convert, money, goods or property or any part thereof which has been delivered to him, which may be the subject of larceny and which belong to any organization of the volunteer militia, post of the Grand Army of the Republic, or other voluntary association, shall be guilty of simple larceny, although he is a member of such organization or voluntary association and, as such, entitled to an interest in the property thereof. In a prosecution under this section, it shall be sufficient to describe such organization or association by the name by which it is generally known and as a voluntary association.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 60


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 60. Stolen goods; buying or receiving


Whoever buys, receives or aids in the concealment of stolen or embezzled property, knowing it to have been stolen or embezzled, or whoever with intent to defraud buys, receives or aids in the concealment of property, knowing it to have been obtained from a person by a false pretense of carrying on business and dealing in the ordinary course of trade, shall, if the value of such property does not exceed two hundred and fifty dollars, be punished for a first offense by imprisonment in jail or house of correction for not more than two and one half years, or by a fine of not more than two hundred and fifty dollars; or, if for a second or subsequent offense, or if the value of such property exceeds two hundred and fifty dollars, be punished by imprisonment in the state prison for not more than five years, or by imprisonment in a jail or house of correction for not more than two and one half years or by a fine of not more than five hundred dollars.


CREDIT(S)


Amended by St.1971, c. 681; St.1973, c. 624; St.1987, c. 468, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 60A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 60A. Stolen trade secrets; buying or selling


Whoever buys, receives, conceals, stores, barters, sells or disposes of any trade secret, or pledges or accepts as security for a loan any trade secret, regardless of value, knowing the same to have been stolen, unlawfully converted, or taken, shall be punished by imprisonment for not more than five years or by a fine of not more than five hundred dollars and imprisonment in jail for not more than two years. The term “trade secret” as used in this section shall have the same meaning as is set forth in section thirty.


CREDIT(S)


Added by St.1967, c. 817, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 61


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 61. Stolen property; restitution; effect


If, upon a first conviction under the preceding section [FN1], it is shown that the act of stealing the property was a simple larceny, and if the person convicted makes restitution to the person injured to the full value of the property stolen and not restored, he shall not be imprisoned in the state prison.


[FN1] Section 60 of this chapter.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 62


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 62. Stolen goods; common receiver


Whoever is convicted of buying, receiving or aiding in the concealment of stolen or embezzled property, knowing it to have been stolen or embezzled, having been before convicted of the like offence, and whoever is convicted at the same sitting of the court of three or more distinct acts of buying, receiving or aiding in the concealment of money, goods or property stolen or embezzled as aforesaid, shall be adjudged a common receiver of stolen or embezzled goods and shall be punished by imprisonment in the state prison for not more than ten years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 63


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 63. Unlawful taking or use of transportation media


Whoever wilfully, mischievously and without right takes or uses a boat or vehicle, other than a motor vehicle, or takes, drives, rides or uses any draught animal which is the property of another, without the consent of the owner or other person who has the legal custody, care or control thereof, shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than six months; but this section shall not apply to the property of another taken with intent to steal it, or under a claim of right, or with the presumed consent of the owner or other person who has the legal control, care or custody thereof.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 64


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 64. Fraudulent hiring of media of transportation


Whoever hires a horse, carriage or other vehicle, and, with intent to cheat or defraud the owner thereof, makes to him or to his agent at the time of such hiring a false statement of the distance which he proposes to travel with such horse, carriage or other vehicle, or whoever, with such intent, makes to the owner or his agent, after the use of a horse, carriage or other vehicle, a false statement of the distance which he has actually traveled with such horse, carriage or other vehicle, and whoever, with such intent, refuses to pay for the use of a horse, carriage or other vehicle the lawful fare established therefor by any town, shall be punished by a fine of not more than twenty dollars or by imprisonment for not more than two months, or both.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 65


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 65. Stock; unauthorized issue


An officer, agent, clerk or servant of a corporation, or any other person, who issues or signs with intent to issue a certificate of stock in a corporation, or who issues, signs or endorses with intent to issue, a bond, note, bill or other obligation or security in the name of such corporation, beyond the amount authorized by law or limited by the legal votes of such corporation or its proper officers, or negotiates, transfers or disposes of such certificate with intent to defraud, shall be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 66


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 66. Stock; fraudulent issue or transfer


An officer, agent, clerk or servant of a corporation, or any other person, who fraudulently issues or transfers a certificate of the stock of a corporation to a person who is not entitled thereto, or who fraudulently signs such certificate, in blank or otherwise, with the intent that it shall be so issued or transferred by himself or any other person, shall be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 67


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 67. Corporate books; false entries with intent to defraud


An officer of a corporation or an agent, clerk or servant of a person, firm or corporation who makes a false entry or omits to make a true entry in any book of such person, firm or corporation, with intent to defraud, and any person whose duty it is to make a record or entry of the transfer of stock, or of the issuing or cancelling of certificates thereof, or of the amount of stock issued by a corporation, in any book thereof, who, with intent to defraud, omits to make a true record or entry thereof, shall be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 67A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 67A. Departments, agencies and public instrumentalities; false statements, etc. in procurement of supplies; penalty


Whoever, in any matter, relative to procurement of supplies, services or construction, as defined in section one of chapter twelve A, within the jurisdiction of any department, agency or public instrumentality of the commonwealth, or of any political subdivision thereof, intentionally:


(1) makes a material statement that is false;


(2) omits or conceals a material fact in a written statement;


(3) submits or invites reliance on a material writing or recording that is false, forged, altered, or otherwise lacking in authenticity;


(4) submits or invites reliance on a sample, specimen, map, photograph, boundary-mark, or other object that is misleading in a material respect; or


(5) uses any trick, scheme, or device that is misleading in a material respect;


shall be punished by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than five years, or in the house of correction for not more than two and one-half years, or both.


CREDIT(S)


Added by St.1980, c. 531, § 2. Amended by St.1982, c. 184.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 67B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 67B. Presentation of false claims


Whoever makes or presents to any employee, department, agency or public instrumentality of the commonwealth, or of any political subdivision thereof, any claim upon or against any department, agency, or public instrumentality of the commonwealth, or any political subdivision thereof, knowing such claim to be false, fictitious, or fraudulent, shall be punished by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than five years, or in the house of correction for not more than two and one-half years, or both.


CREDIT(S)


Added by St.1980, c. 531, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 67C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 67C. Capital facility construction projects, etc.; false entries in records; penalties


Any person who knowingly and wilfully, directly or indirectly makes, or knowingly and wilfully causes to be made, a false entry or omission of a true entry in any books, record or account subject to the provisions of section thirty-nine R of chapter thirty shall be punished by a fine of not more than five thousand dollars, or by imprisonment in the state prison for not more than five years, or in the house of correction for not more than two years, or both.


CREDIT(S)


Added by St.1980, c. 579, § 67.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 68


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 68. Corporate books as evidence


Upon the trial of a person for a crime under the three preceding sections, the books of any person, firm or corporation to which he had access or the right of access shall be admissible in evidence.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 69


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 69. Insignia of societies; unlawful use


Whoever, not being a member of a society, association or labor union, for the purpose of representing that he is a member thereof, wilfully wears or uses the insignia, ribbon, badge, rosette, button or emblem thereof, if it has been registered in the office of the state secretary, shall be punished by a fine of not more than twenty dollars or by imprisonment for not more than one month, or both.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 69A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 69A. Fraudulent use of labor union seal, trademark or insignia


Whoever knowingly and fraudulently displays or otherwise uses, in any manner whatsoever, the seal, trademark or insignia of any labor organization as defined by subsection (5) of section two of chapter one hundred and fifty A shall be punished by a fine of not more than one thousand dollars.


CREDIT(S)


Added by St.1970, c. 128.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 70


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 70. Insignia of veteran organizations; unlawful use


Whoever, not being a member and without authority of the Military Order of the Loyal Legion of the United States, the Grand Army of the Republic, the Sons of Union Veterans of the Civil War, the Woman's Relief Corps, the American Gold Star Mothers, Inc., the Union Veterans' Union, the Union Veteran Legion, the Military and Naval Order of the Spanish-American War, the United Spanish War Veterans, the American Officers of the Great War, the Veterans of Foreign Wars of the United States, the Military Order of Foreign Wars of the United States, the Disabled American Veterans of the World War, the Yankee Division Veterans' Association, The American Legion, the Army and Navy Union, U.S.A., the American Veterans of World War II, AMVETS, the American Veterans' Committee, Inc., the Franco-American War Veterans, Inc., the Military Order of the Purple Heart, the Seabee Veterans of America, Inc.--Department of Massachusetts, the Italian American War Veterans of the United States, Incorporated, the PT Veterans Association, Inc., the Fleet Reserve Association, United States Navy, the American Portuguese War Veterans Association, Polish-American Veterans of Massachusetts, Inc., and its affiliated posts, the Navy Club of the United States of America, or the Marine Corps League or the Veterans of World War I of the U.S.A., wilfully wears or uses the insignia, distinctive ribbons or membership rosette or button thereof for the purpose of representing that he is a member thereof or displays on his property or permits to be displayed thereon any such insignia, distinctive ribbon, membership rosette or button, or any sign or statement for the purpose of falsely representing that such property is occupied by or is the quarters of any such veterans' organization, shall be punished by a fine of not more than twenty dollars or by imprisonment for not more than one month, or both.


CREDIT(S)


Amended by St.1933, c. 245, § 4; St.1939, c. 144, § 2; St.1941, c. 217, § 3; St.1946, c. 209, § 3; St.1946, c. 409, § 4; St.1947, c. 468, § 4; St.1948, c. 445, § 2; St.1949, c. 118, § 4; St.1950, c. 27, § 3; St.1950, c. 240; St.1950, c. 354, § 3; St.1950, c. 492, § 3; St.1955, c. 271, § 2; St.1957, c. 117; St.1959, c. 59, § 5; St.1960, c. 626, § 5.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 71


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 71. Signature, money or membership; obtaining under false pretences


Whoever wilfully, by color or aid of any false token or writing, or other false pretence or false statement, verbal or written, or without authority of the grand or supreme governing lodge, council, union or other governing body hereinafter mentioned, obtains the signature of any person to any written application, or obtains any money or property for any alleged or pretended degree, or for any alleged or pretended membership in any fraternity, association, society, order, organization or union having a grand or supreme governing lodge, council, union or other governing body in the commonwealth, or in any subordinate lodge or body thereof, shall be punished by imprisonment for not more than one year or by a fine of not more than five hundred dollars, or both.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 71A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 71A. Individuals and corporations; false use of names of benevolent organizations


No person, society, association or corporation shall knowingly assume, adopt or use the name of a benevolent, humane, fraternal, charitable or labor organization, whether incorporated or unincorporated, or a name so nearly resembling the name of such incorporated or unincorporated organization as to be a colorable imitation thereof or calculated to deceive persons not members with respect to such organizations. Whoever violates this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year or by both such fine and imprisonment. The superior court shall have jurisdiction in equity to enjoin any violation of this section.


CREDIT(S)


Added by St.1950, c. 718.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 72


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 72. Fraternal names; use in publication


Whoever, in a newspaper or other publication, or in any written or printed letter, notice, matter or device, without authority of the grand or supreme governing lodge, council, union or other governing body, fraudulently uses or aids in any way in the use of the name, title or common designation of any fraternity, association, society, order, organization or union which has such a governing body, having priority in such use in the commonwealth, or any name, title or designation so nearly resembling the same as to be calculated or likely to deceive; and whoever, without such authority, fraudulently publishes, sells, circulates or distributes any written or printed letter, notice, matter or device, in any way soliciting members of such fraternity, association, society, order, organization or union, or for any alleged or pretended fraternity, association, society, order, organization or union, using any such name, title, designation, or near resemblance thereto; and whoever therein or thereby in any way, without such authority, fraudulently offers to sell, confer, communicate or give information where, of whom or by what means any degree or work, in whole or in part, of such fraternity, association, society, order, organization or union, or of any alleged or pretended fraternity, association, society, order, organization or union using any such name, title or designation or near resemblance thereto, can or may be obtained, conferred or communicated, shall be punished by imprisonment for not more than one year or by a fine of not more than five hundred dollars, or both.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 73


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 73. Obtaining goods under false pretences


Whoever, with intent to defraud, by a false pretence of carrying on business and dealing in the ordinary course of trade, obtains from any person goods or chattels shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than five hundred dollars and imprisonment in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 74


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 74. Corporate credit; fraudulent use


An officer, agent, clerk or servant of a corporation organized or doing business in the commonwealth, who wilfully uses the name of such corporation, or his own name as such officer, agent, clerk or servant, to obtain money upon the credit of such corporation for his own use or benefit, without authority from such corporation, or who fraudulently lends, invests or appropriates the money or disposes of the property of such corporation, or fraudulently converts it, shall be punished by imprisonment in the state prison for not more than ten years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 75


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 75. Obtaining property by trick


Whoever, by a game, device, sleight of hand, pretended fortune telling or by any trick or other means by the use of cards or other implements or instruments, fraudulently obtains from another person property of any description shall be punished as in the case of larceny of property of like value.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 75A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 75A. Gambling devices and vending machines; fraudulent use


Whoever operates or causes to be operated, or attempts to operate or to cause to be operated, any automatic vending machine, slot machine, turnstile, coin-box telephone or other receptacle designed to receive lawful coin of the United States or tokens provided by the person entitled to the coin-contents or token-contents of such receptacle in connection with the sale, use or enjoyment of property, transportation or other service, by means of a slug or any false, counterfeited, mutilated or sweated coin or token or by any means, method, trick or device whatsoever not lawfully authorized by the owner, lessee or licensee of such machine, turnstile, coin-box telephone or receptacle; or whoever takes, obtains or receives from or in connection with any automatic vending machine, slot machine, turnstile, coin-box telephone or other receptacle designed to receive lawful coin of the United States or tokens provided by the person entitled to the coin-contents or token-contents of such receptacle in connection with the sale, use of or enjoyment of property or service, any goods, wares, merchandise, transportation, gas, electric current, article of value, or the use or enjoyment of any transportation or any telephone or telegraph facilities or service, or of any musical instrument, phonograph or other property, without depositing in and surrendering to such machine, turnstile, coin-box telephone or other receptacle lawful coin or a token or tokens to the amount or value required therefor by the owner, lessee or licensee of such machine, turnstile, coin-box telephone or receptacle, shall be punished by a fine of not more than one hundred dollars or by imprisonment in the house of correction for not more than thirty days, or both. The word “person” as used in this section shall include any municipal corporation or political subdivision of the commonwealth.


CREDIT(S)


Added by St.1932, c. 11. Amended by St.1954, c. 145.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 75B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 75B. Slugs; manufacture and sale


Whoever manufactures for sale, advertises for sale, sells, offers for sale, or gives away any slug, device or substance whatsoever, designed or calculated to be placed or deposited in any automatic vending machine, slot machine, turnstile, coin-box telephone or other such receptacle, depository or contrivance, designed to receive lawful coin of the United States or tokens provided by the person entitled to the coin-contents or token-contents of such receptacle, depository or contrivance in connection with the sale, use or enjoyment of property or service, with the intent that such slug, device or substance shall be used to cheat or defraud the person entitled to the contents of any such machine, turnstile, coin-box telephone or other such receptacle, depository or contrivance, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the house of correction for not more than one year, or both. The word “person” as used in this section shall include any municipal corporation or political subdivision of the commonwealth.


CREDIT(S)


Added by St.1932, c. 11. Amended by St.1954, c. 145.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 75C


Effective: June 1, 2003


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 75C. Gift certificates; expiration dates; failure to redeem


Whoever sells or offers to sell a gift certificate as defined in section 1 of chapter 255D, which imposes a time limit of less than 7 years within which such certificate may be redeemed, shall be punished by a fine of not more than $300. This section shall not apply when the purchaser of the gift certificate is not obligated to pay for it until the time of use. Whoever, after having sold a gift certificate refuses to redeem the certificate before it has reached the expiration date, shall be punished by a fine of not more than $300.


CREDIT(S)


Added by St.1985, c. 511. Amended by St.2002, c. 510, § 7, eff. June 1, 2003.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 75D


Effective: June 9, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 75D. Imposition of certain fees reducing total value amount of gift certificate; penalty


Whoever sells or offers to sell a gift certificate, as defined in section 1 of chapter 255D, which imposes dormancy fees, latency fees, administrative fees, periodic fees, service fees or other fees that have the effect of reducing the total value amount for which the holder may redeem such gift certificate, shall be punished by a fine of not more than $300 per violation.


CREDIT(S)


Added by St.2008, c. 58, § 3, eff. June 9, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 75E


Effective: June 9, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 75E. Printed notice required for certain fees associated with gift certificates; penalty for violation


Whoever sells or offers to sell a gift certificate, as defined in section 1 of chapter 255D, which imposes any fees or charges including, but not limited to, purchase fees, activation fees, renewal fees or cancellation fees, shall provide to consumers notice of any such fees, in writing, on the gift certificate, on the packaging of the gift certificate, or on both. Failure to print such notice shall be punished by a fine of not more than $300 per violation.


CREDIT(S)


Added by St.2008, c. 58, § 3, eff. June 9, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 75F


Effective: June 9, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 75F. Deduction of gratuity from gift certificate without consent; penalty


Whoever redeems a gift certificate, as defined in section 1 of chapter 255D and deducts a gratuity therefrom without the consent of the holder of the gift certificate, shall be punished by a fine of not more than $300 per violation.


CREDIT(S)


Added by St.2008, c. 58, § 3, eff. June 9, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 76


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 76. Gross fraud or cheat at common law; punishment


Whoever is convicted of any gross fraud or cheat at common law shall be punished by imprisonment in the state prison for not more than ten years or in jail for not more than two years or by a fine of not more than four hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 77


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 77. Sterling and coin silver; contents; sale; penalty


Whoever makes or sells, or offers to sell or dispose of, or has in his possession with intent so to do, any article of merchandise marked, stamped or branded with the words “sterling”, “sterling silver”, “coin” or “coin silver”, or encased or enclosed in any box, package, cover or wrapper or other thing in or by which the said article is packed, enclosed or otherwise prepared for sale or disposition, having thereon any engraving or printed label, stamp, imprint, mark or trade mark, indicating or denoting by such marking, stamping, branding, engraving or printing, that such article is silver, sterling silver, solid silver, coin or coin silver, shall, unless nine hundred and twenty-five one-thousandths of the component parts of the metal of which the said article so marked, stamped or branded with the words “sterling” or “sterling silver” is manufactured are pure silver, or unless nine hundred one-thousandths of the component parts of the metal of which the article so marked, stamped or branded with the words “coin” or “coin silver” is manufactured, are pure silver, be punished by a fine of not more than one hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 78


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 78. Articles made of gold; false marking; prohibition


Whoever makes or sells, or offers for sale or disposes of, or has in his possession with intent so to do, any article constructed in whole or in part of gold or alloy of gold, or of any metal resembling gold, having marked thereon or upon any tag or label attached thereto, or upon any package, cover or wrapper in which such article is enclosed or wrapped, any word or mark indicating or designed or intended to indicate that the gold or alloy of gold in said article, or in the plating, surface or any other part of said article is of a greater degree or carat of fineness by more than one carat than the actual quality or fineness of such gold or alloy of gold, or any so-called gold filled, rolled gold plated or electro gold plated article having marked thereon, or upon any tag or label attached thereto, or upon any package, cover or wrapper in which such article is enclosed or wrapped, any word or mark indicating or designed or intended to indicate that the gold or alloy of gold upon such article is of a greater percentage of weight of the article by more than one per cent than the actual percentage of gold or alloy of gold, shall be punished by a fine of not more than five hundred dollars. The word or mark upon the article or upon the tag or label attached thereto, or upon the package, cover or wrapper in which such article is enclosed, shall be held to apply to the whole article, all the gold, alloys, solder and base metals being assayed as one piece, unless the word or mark plainly indicates that it applies to the plating, surface or other particular part of such article.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 79


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 79. Imitation of furs; false representation; prohibition


Whoever, himself, or by his agent or servant, or as the agent or servant of another person, sells or exchanges, or has in his custody or possession with intent so to do, or exposes for sale or exchange, any manufactured imitations of furs of fur-bearing animals, representing the same to be the genuine fur of certain animals, shall be punished by a fine of not less than two hundred nor more than five hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 80


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 80. Encumbered land; conveyance without notice


Whoever conveys land, knowing that an encumbrance exists thereon, without informing the grantee, before the consideration is paid, of the existence and nature of such encumbrance, so far as he has knowledge thereof, shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 81


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 81. Attached land; conveyance without notice


Whoever, knowing that his land is attached on mesne process, sells and conveys it without giving notice of the attachment to the grantee, and with intent to defraud, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 82


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 82. Concealment of mortgaged personalty; use of rented personalty for illegal sale of liquor


Whoever, with a fraudulent intent to place personal property which is subject to a mortgage beyond the control of the mortgagee, removes or conceals or aids or abets in removing or concealing the same, and a mortgagor of such property who assents to such removal or concealment, or whoever shall use rented, leased or mortgaged personal property as a container or implement of sale of intoxicating liquor contrary to law, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 83


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 83. Personalty; sale by mortgagor without consent


A mortgagor of personal property who sells or conveys the same or any part thereof without the written consent of the mortgagee, and without informing the vendee or grantee that the same is mortgaged, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 84


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 84. Personalty; sale by hirer without consent


A hirer or lessee of personal property who sells or conveys the same or any part thereof without the written consent of the owner or lessor, and without informing the vendee or grantee that it is so hired or leased, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 85


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 85. Collateral security; sale before debt due


Whoever, holding collateral security deposited with him for the payment of a debt which may be due to him, sells, pledges, lends or in any way disposes of the same before such debt becomes due and payable, without the authority of the depositor thereof, shall be punished by a fine of not more than five hundred dollars or by imprisonment in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 86


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 86. Hired property; buying or receiving with intent to defraud


Whoever, with intent to defraud, buys, receives or aids in concealing personal property, knowing it to be hired or leased or held as collateral security, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 87


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 87. Larceny of leased or rented property


Any person leasing or renting personal property who, with the intent to place such property beyond the control of the owner, conceals or aids or abets the concealment of such property or any part thereof, or fails or refuses to return such property to the owner within ten days after expiration of the lease or rental agreement, or sells, conveys or pledges such property or any part thereof without the written consent of the owner, shall be guilty of larceny of leased or rented personal property.


Any person convicted of larceny of leased or rented personal property shall be punished by a fine of not more than one thousand dollars or imprisonment of not more than one year, or both. A person found guilty of violating this section shall, in all cases upon conviction in addition to any other punishment, be ordered to make restitution to the owner for any financial loss.


It shall be prima facie evidence of intent to place such property beyond the control of the owner when a person in obtaining such property presents identification or information which is materially false, fictitious, misleading or not current with respect to such person's name, address, place of employment or any other material matter or fails to return such property to the owner or his representative within ten days after proper notice to return such property. For purposes of this section proper notice shall be actual notice or a written demand sent by certified or registered mail to such person at the address given at the time of making the lease or rental agreement.


It shall be a defense to prosecution for conversion of leased or rented property that the defendant was unaware the property belonged to another or that he had a right to acquire or dispose of the property as he did.


CREDIT(S)


Amended by St.1971, c. 210; St.1975, c. 540; St.1982, c. 259.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 87A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 87A. Stolen leased or rented motor vehicles; report; dissemination of information by police


The owner or lessee of a leased or rented motor vehicle which has been stolen or placed beyond his control shall report the loss of the same to the police department of the city or town wherein said vehicle was leased or rented or stolen.


Notwithstanding any provision of law to the contrary, a police department receiving a report of said stolen vehicle shall list the same as stolen and shall, by the use of radio, teletype, computer or other communication, disseminate the information concerning said stolen vehicle using the same standards as applicable to other stolen motor vehicles.


CREDIT(S)


Added by St.1983, c. 430. Amended by St.1986, c. 81.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 88


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 88. Consignee or factor; fraudulent deposit or pledge of property


A consignee or factor who, in violation of good faith and with intent to defraud the owners thereof, deposits or pledges, as security for money borrowed by him, a negotiable instrument received by him, merchandise consigned or intrusted to him, or a bill of lading, certificate or order for the delivery of merchandise; or who, in like violation and with like intent, disposes of or applies such property or evidence of property to his own use; or who, in like violation and with like intent, disposes of or applies to his own use money which has been raised or a negotiable instrument which has been acquired by the sale or other disposition of such property or evidence of property, shall be punished by a fine of not more than five thousand dollars and imprisonment for not more than five years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 89


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 89. Degrees; pretending to hold or conferring without authority; use of designation “university” or “college”


Whoever, in a book, pamphlet, circular, advertisement or advertising sign, or by a pretended written certificate or diploma, or otherwise in writing, knowingly and falsely pretends to have been an officer or teacher, or to be a graduate or to hold any degree, of a college or other educational institution of this commonwealth or elsewhere, which is authorized to confer degrees, or of a public school of this commonwealth, and whoever, without having lawful authority to confer degrees, offers or confers degrees as a school, college or as a private individual, alone or associated with others, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. Any individual, school, association, corporation or institution of learning, not having lawful authority to confer degrees, using the designation of “university” or “college” shall be punished by a fine of one thousand dollars; but this shall not apply to any educational institution whose name on July ninth, nineteen hundred and nineteen, included the word “university” or “college”.


CREDIT(S)


Amended by St.1943, c. 549, § 7.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 90


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 90. Endorsement or approval; penalty for false claim


Whoever, in a book, pamphlet, circular, advertisement or advertising sign, or otherwise in writing, makes any false and fraudulent statement or assertion of endorsement, authority, approval or sanction of an incorporated college, university or professional school in this commonwealth or elsewhere, or of officers or instructors thereof, as a commendation or advertisement of a person or of his services, or of goods, wares, commodities, processes or treatment, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 91


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 91. Untrue and misleading advertisements; prohibitions


Any person who, with intent to sell or in any way dispose of merchandise, securities, service, or anything offered by such person, directly or indirectly, to the public for sale or distribution, or who, with intent to increase the consumption of or demand for such merchandise, securities, service or other thing, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated or placed before the public within the commonwealth, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, and which such person knew, or might on reasonable investigation have ascertained to be untrue, deceptive or misleading, shall be punished by a fine of not less than one thousand nor more than two thousand dollars; provided, that this section shall not apply to any owner, publisher, printer, agent or employee of a newspaper or other publication, periodical or circular, or to any agent of the advertiser who in good faith and without knowledge of the falsity or deceptive character thereof publishes, causes to be published, or participates in the publication of such advertisement.


Whoever violates the provisions of this section may be enjoined therefrom by a petition in equity brought by the attorney general or any aggrieved party.


CREDIT(S)


Amended by St.1958, c. 217, § 1; St.1963, c. 222; St.1993, c. 439.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 91A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 91A. Merchandise, commodities and service; advertisement; penalty


Any person who offers for sale merchandise, commodities or service by making, publishing, disseminating, circulating or placing before the public within the commonwealth, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or in any other way, an advertisement describing the said merchandise, commodities or service, as part of a plan or scheme with the intent not to sell said merchandise, commodities or service so advertised at the price stated therein, or with intent not to sell said merchandise, commodities or service so advertised, shall be punished by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not more than one year.


CREDIT(S)


Added by St.1953, c. 250. Amended by St.1958, c. 217, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 91B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 91B. Deceptive advertising of merchandise for sale; injunction


Any person offering for sale merchandise, commodities or service by making, publishing, disseminating, circulating or placing before the public within the commonwealth in any manner an advertisement of merchandise, commodities, or service, with the intent, design or purpose not to sell the merchandise, commodities, or service so advertised at the price stated therein or otherwise communicated, or with the intent not to sell the merchandise, commodities, or service so advertised, may be enjoined from such advertising by a bill in equity in the superior court brought by the attorney general or any aggrieved party; provided, however, that the provisions of this section shall not apply to any medium for the printing, publishing, or disseminating of advertising, or any owner, agent or employee thereof, nor to any advertising agency or owner, agent or employee thereof, nor to any radio or television station, or owner, agent, or employee thereof, for printing, publishing, or disseminating or causing to be printed, published, or disseminated such advertisement in good faith and without knowledge of the deceptive character thereof.


CREDIT(S)


Added by St.1958, c. 217, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 92


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 92. False or exaggerated statements; making or publishing; prohibition


Whoever wilfully and with intent to defraud makes or publishes, or causes or permits to be made or published in any way whatever, any book, prospectus, notice, report, statement, exhibit, advertisement or other publication of or concerning the affairs, financial condition, property or assets of any corporation, joint stock association, partnership or individual, which said book, prospectus, notice, report, statement, exhibit, advertisement or other publication contains any statement which is false or wilfully exaggerated and which shall have a tendency to give a less or greater apparent value to the shares, bonds, property or assets of such corporation, joint stock association, partnership or individual, or any part of said shares, bonds, property or assets, than said shares, bonds, property or assets or any part thereof shall really and in fact possess, shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than ten years, or both.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 92A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 92A. Motor vehicles; sale in certain condition; written disclosure on bill of sale; penalty


Whoever sells a motor vehicle knowing that its engine or electrical parts have been submerged in water, or knowing that it has been used as a police car, a taxicab, a rental vehicle by a motor vehicle rental agency, or a leased vehicle which has been leased to any corporation, individual or entity, other than a motor vehicle rental company, without indicating such fact in writing on the bill of sale, and whoever, other than the commonwealth or any political subdivision thereof, sells any such police car to an ultimate user for other than police purposes without first having obliterated all evidence of distinctive police insignias or markings thereon, and painting the exterior of every marked state police vehicle thereof one solid color, shall be punished by a fine of not less than ten nor more than five hundred dollars.


CREDIT(S)


Added by St.1956, c. 216. Amended by St.1957, c. 261; St.1959, c. 235; St.1968, c. 40; St.1973, c. 141; St.1975, c. 324; St.1979, c. 184.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 93


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 93. Animals; obtaining or giving false pedigree


Whoever, by a false pretence, obtains from any club, association, society or company for improving the breed of cattle, horses, sheep, swine or other domestic animals, the registration, or a certificate thereof, of any animal in the herd register, or any other register of such club, association, society or company, or a transfer of such registration, or whoever knowingly makes, exhibits or gives a false pedigree in writing of any animal, shall be punished by imprisonment for not more than two years or by a fine of not more than five hundred dollars, or both.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 94


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 94. Boundary monuments and miscellaneous markers; malicious destruction


Whoever wilfully, intentionally and without right breaks down, injures, removes or destroys a monument erected for the purpose of designating the boundaries of a town or of a tract or lot of land, or a tree which has been marked for that purpose, or so breaks down, injures, removes or destroys a milestone, mileboard or guideboard erected upon a public way or railroad, or wilfully, intentionally and without right defaces or alters the inscription on any such stone or board, or wilfully, intentionally and without right mars or defaces a building or signboard, or extinguishes a light or breaks, destroys or removes a lamp, lamp post, railing or post erected on a bridge, sidewalk, public way, court or passage, or wilfully, intentionally and without right defaces or otherwise injures, removes, interferes with or destroys any traffic regulating sign, light, signal, marking or device lawfully erected or placed under public authority on any public way, shall be punished by imprisonment for not more than six months or by a fine of not more than two hundred dollars. Any person convicted under the provisions of this section shall, in addition to any imprisonment or fine, make restitution.


CREDIT(S)


Amended by St.1939, c. 451, § 65; St.1987, c. 416.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 95


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 95. Historical monuments; malicious destruction or injury


Whoever wilfully or maliciously removes, displaces, destroys, defaces, mars or injures any monument, tablet or other device erected to mark an historic place or to commemorate an historic event shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than two years. Any person convicted under the provisions of this section shall, in addition to any fine assessed, reimburse the commonwealth for the total amount of damage incurred.


CREDIT(S)


Amended by St.1975, c. 722.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 96


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 96. State building; defacement or injury


Whoever wilfully, intentionally and without right defaces, mars or injures the walls, wainscoting or any other part of any building belonging to the commonwealth, or the appurtenances thereof, by cutting, writing or otherwise, shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment for not more than two years. Any person convicted under the provisions of this section shall, in addition to any fine assessed, reimburse the commonwealth for the total amount of damages incurred.


CREDIT(S)


Amended by St.1975, c. 722.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 97


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 97. County buildings; defacement


Whoever wilfully mars or injures the walls, wainscoting or any other part of a court house, jail or house of correction, or of any other building or room used for county business, or the appurtenances thereof, by cutting, writing or otherwise, shall be punished by imprisonment for not more than two years or by a fine of not less than one hundred nor more than one thousand dollars. Any person convicted under the provisions of this section shall, in addition to any fine assessed, reimburse the county for the total amount of damage incurred.


CREDIT(S)


Amended by St.1975, c. 722.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 98


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 98. Schoolhouse or church; defacement or injury


Whoever wilfully, intentionally and without right, or wantonly and without cause, destroys, defaces, mars or injures a schoolhouse, church or other building erected or used for purposes of education or religious instruction, or for the general diffusion of knowledge, or an outbuilding, fence, well or appurtenance of such schoolhouse, church or other building, or furniture, apparatus or other property belonging thereto or connected therewith, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than two years, or both.


CREDIT(S)


Amended by St.1960, c. 169.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 98A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 98A. Public park or playground equipment; destruction, defacement or injury


Whoever wilfully, intentionally and without right, or wantonly and without cause destroys, defaces, mars or injures any playground apparatus or equipment located in a public park or playground shall be punished by a fine of not more than one thousand dollars.


CREDIT(S)


Added by St.1966, c. 280. Amended by St.1991, c. 350.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 99


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 99. Libraries; definitions


As used in sections ninety-nine A and one hundred, the following words shall have the following meanings:--


“Library materials and property”, any book, plate, picture, portrait, photograph, broadside, engraving, painting, drawing, map, specimen, print, lithograph, chart, musical score, catalog card, catalog record, statue, coin, medal, computer software, film, periodical, newspaper, magazine, pamphlet, document, manuscript, letter, archival material, public record, microform, sound recording, audio-visual material in any format, magnetic or other tape, tape recorder, film projector or other machinery or equipment, electronic data-processing record, artifact or other documentary written or printed material regardless of the physical form or characteristics which is a constituent element of a library's collection or any part thereof, belonging to, on loan to or otherwise in the custody of any library. Library materials and property shall also include the walls, wainscotting or any part of the library, or any other building or room used for library business or the appurtenances thereof, including furnishings.


“Library premises”, the interior of the building, structure or other enclosure in which a library is located, bookmobiles and kiosks, the exterior appurtenances to such building, structure or enclosure is located.


CREDIT(S)


Amended by St.1975, c. 374; St.1990, c. 61.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 99A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 99A. Libraries; theft of materials or property; destruction of records


Whoever willfully conceals on his person or among his belongings any library materials or property and removes said library materials or property, if the value of the property stolen exceeds two hundred and fifty dollars, shall be punished by imprisonment in the state prison for not more than five years, or by a fine of not less than one thousand nor more than twenty-five thousand dollars, or both; or, if the value of the property stolen does not exceed two hundred and fifty dollars, shall be punished by imprisonment in jail for not more than one year or by a fine of not less than one hundred nor more than one thousand dollars, or both, and ordered to pay the replacement value of such library materials or property, including all reasonable processing costs, as determined by the governing board of said library.


Any person who has properly charged out any library materials or property, and who, upon neglect to return the same within the time required and specified in the by-laws, rules or regulations of the library owning the property, after receiving notice from the librarian or other proper custodian of the property that the same is overdue, shall willfully fail to return the same within thirty days from the date of such notice shall pay a fine of not less than one hundred nor more than five hundred dollars and shall pay the replacement value of such library materials or property, including all reasonable processing costs, as determined by said governing board. Each piece of library property shall be considered a separate offense.


The giving of a false identification or fictitious name, address or place of employment with the intent to deceive, or borrowing or attempting to borrow any library material or property by: the use of a library card issued to another without the other's consent; the use of a library card knowing that it is revoked, canceled or expired; or, the use of a library card knowing that it is falsely made, counterfeit or materially altered shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars.


The willful alteration or destruction of library ownership records, electronic or catalog records retained apart from or applied directly to the library materials or property shall be punished by imprisonment in the state prison for not more than five years or by a fine of not less than one thousand nor more than twenty-five thousand dollars, or both, and shall pay the replacement value of such library materials or property, including all reasonable processing costs, as determined by the governing board having jurisdiction.


CREDIT(S)


Added by St.1990, c. 61.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 100


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 100. Libraries; mutilation or destruction of materials or property


Whoever willfully, maliciously or wantonly writes upon, injures, defaces, tears, cuts, mutilates or destroys any library material or property, shall make restitution in full replacement value of the library materials or property, and, in addition, shall be punished by imprisonment in a house of correction for not more than two years or by a fine of not less than one hundred nor more than one thousand dollars, or both.


A law enforcement officer may arrest without warrant any person he has probable cause to believe has violated the provisions of section ninety-nine A and this section. The statement of an employee or agent of the library, eighteen years of age or older, that a person has violated the provisions of said section ninety-nine A and this section shall constitute probable cause for arrest by a law enforcement officer authorized to make an arrest in such jurisdiction. The activation of an electronic anti-theft device shall constitute probable cause for believing that a person has violated the provisions of this section.


A library shall prepare posters to be displayed therein in a conspicuous place. Said posters shall contain a summary and explanation of said section ninety-nine A and this section.


CREDIT(S)


Amended by St.1961, c. 316; St.1976, c. 206; St.1990, c. 61.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 101


Effective: July 15, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 101. Definitions applicable to Secs. 101 to 102D


For the purposes of sections 101 to 102D, inclusive, the following terms shall have the following meanings, unless otherwise clearly required:--


“Ammunition”, cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any weapon utilizing a propellant including, but not limited to, ammunition produced by or for the military for national defense and security.


“Biological weapon”, any microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance or biological product, except if intended for a purpose not prohibited under this chapter or chapter 265, specifically prepared in a manner to cause death, disease or other biological malfunction in a human, animal, plant or another living organism, deterioration of food, water, equipment supplies or material of any kind, or deleterious alteration of the environment.


“Black powder”, a compound or mixture of sulfur, charcoal and an alkali nitrate including, but not limited to, potassium or sodium nitrate.


“Chemical weapon”, (i) a toxic chemical or substance, including the precursors to any toxic chemical or substance; and (ii) ammunition or a device designed to cause death or bodily harm by means of the release of a toxic chemical or substance.


“Delivery system”, any equipment designed or adapted for use in connection with the deployment of chemical, biological or nuclear weapons.


“Denial of access”, contamination to an area, including any structures thereon, which poses a health risk to humans, animals or plants and which precludes the safe use of such area until the contaminant becomes inactive, decays or is removed.


“Destructive or incendiary device or substance”, an explosive, article or device designed or adapted to cause physical harm to persons or property by means of fire, explosion, deflagration or detonation and consisting of substance capable of being ignited, whether or not contrived to ignite or explode automatically.


“Element”, a substance that is made entirely from 1 type of atom.


“Explosive”, any element, compound or mixture that is manufactured, designed or used to produce an explosion and that contains an oxidizer, fuel or other ingredient, in such proportion, quantity or packing that an ignition by fire, friction, concussion, percussion or detonation of the element or of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures, release of heat or fragmentation is capable of producing destructive effects on contiguous objects or of destroying life or causing bodily harm including, but not limited to, all material which is classified as division 1.1, 1.2, 1.3, 1.4, 1.5 or 1.6 explosives by the United States Department of Transportation or listed pursuant to 18 USC 841(d) and 27 CFR 555.23. Explosive shall not include a pyrotechnic, small arms ammunition, small arms ammunition primers, smokeless powder weighing less than 50 pounds and black powder weighing less than 5 pounds, unless possessed or used for an illegal purpose.


“Hoax explosive”, “hoax destructive or incendiary device or substance” or “hoax chemical, biological or nuclear weapon”, any device, article or substance that would cause a person to reasonably believe that such device, article or substance is: (i) an explosive; (ii) a destructive or incendiary device or substance; or (iii) a chemical, biological or nuclear weapon, harmful radioactive substance or poison capable of causing bodily injury which is actually an inoperable facsimile.


“Nuclear weapon”, a device designed for the purpose of causing bodily injury, death or denial of access through the release of radiation or radiological material either by propagation of nuclear fission or by means of any other energy source.


“Oxidizer”, a substance that yields oxygen readily to stimulate the combustion of organic matter or other fuel.


“Pyrotechnic”, any commercially manufactured combustible or explosive composition or manufactured article designed and prepared for the purpose of producing an audible effect or a visible display and regulated by chapter 148 including, but not limited to: (i) fireworks, firecrackers; (ii) flares, fuses and torpedoes, so-called, and similar signaling devices.


“Small arms ammunition”, any shotgun, rifle, pistol, or revolver cartridge, and cartridges for propellant-actuated power devices and industrial guns.


“Smokeless powder”, a rapid-burning solid material containing nitrocellulose used as a propellant.


CREDIT(S)


Added St.2010, c. 160, § 6, eff. July 15, 2010.


DISPOSITION TABLE


Showing where the subject matter of Chapter 266, §§ 101 to 102C, stricken out by St.2010, c. 106, § 6, can be found in the new §§ 101 to 102D enacted thereby.


Former Sections

New Sections

101

102B, 102C

102

102A

102A

102

102A 1/2

101, 102, 102D

102B

--

102C

101, 102C


Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 102


Effective: July 15, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 102. Possession or control of incendiary device or material; possession of hoax device or material; penalty


(a) Whoever, without lawful authority, has in his possession or under his control:


(i) any substance, material, article, explosive or ingredient which, alone or in combination, could be used to make a destructive or incendiary device or substance and who intends to make a destructive or incendiary device or substance; or


(ii) any substance, material, article, explosive or ingredient which, alone or in combination, could be used to make a chemical, biological or nuclear weapon and who intends to make a chemical, biological or nuclear weapon, shall be punished by imprisonment in the house of correction for not more than 2 and one-half years or in state prison for not less than 5 years nor more than 10 years or by a fine of not more than $25,000, or by both such fine and imprisonment. It shall not be a defense to a violation of this subsection that the defendant did not possess or have under his control every substance, material, article, explosive or ingredient, or combination thereof, required to make a complete and functional destructive or incendiary device or substance or chemical, biological or nuclear weapon.


(b) Whoever, without lawful authority, has in his possession or uses or places, or causes another to knowingly or unknowingly possess, use or place, any hoax explosive, hoax destructive or incendiary device or substance or any hoax chemical, biological or nuclear weapon, with the intent that such hoax explosive, device or substance or weapon be used to cause anxiety, unrest, fear or personal discomfort to any person or group of persons, shall be punished by imprisonment in the house of correction for not more than 2 and one-half years or by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment.


(c) Whoever, without lawful authority, has in his possession or under his control any explosive or any destructive or incendiary device or substance shall be punished by imprisonment for not more than 2 and one-half years in the house of correction or for not less than 10 years nor more than 20 years in the state prison or by a fine of not more than $25,000, or by both such fine and imprisonment.


CREDIT(S)


Added by St.2010, c. 160, § 6, eff. July 15, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 102A


Effective: July 15, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 102A. Throwing, secreting, launching or placing of incendiary device; intent; punishment


Whoever, without lawful authority, secretes, throws, launches or otherwise places an explosive or a destructive or incendiary device or substance with the intent: (i) to cause fear, panic or apprehension in any person; or (ii) to ignite, explode or discharge such explosive or such destructive or incendiary device or substance; or (iii) to release or discharge any chemical, biological or nuclear weapon, shall be punished by imprisonment for not more than 2 and one-half years in the house of correction or for not less than 10 years nor more than 25 years in the state prison or by a fine of not more than $25,000, or by both such fine and imprisonment.


CREDIT(S)


Added by St.2010, c. 160, § 6, eff. July 15, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 102A 1/2


Effective: July 15, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 102A   1/2 . Repealed, 2010, 160, Sec. 6



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 102B


Effective: July 15, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 102B. Malicious explosion


Whoever, without lawful authority, willfully discharges, ignites or explodes any destructive or incendiary device or substance shall be punished by imprisonment in the state prison by not less than 15 years nor more than 25 years or by a fine of $50,000 or by both such fine and imprisonment.


CREDIT(S)


Added by St.2010, c. 160, § 6, eff. July 15, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 102C


Effective: October 15, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 102C. Biological, chemical, or nuclear weapon or delivery system; possession; punishment


Whoever, without lawful authority, knowingly develops, produces, stockpiles, acquires, transports, possesses, controls, places, secretes or uses any biological, chemical or nuclear weapon or delivery system, with the intent to cause death, bodily injury or property damage, shall be punished by imprisonment in the house of correction for not more than 2 and one-half years or by imprisonment in the state prison for not more than 25 years or by a fine of not more than $50,000, or by both such fine and imprisonment.


CREDIT(S)


Added by St.2010, c. 160, § 6, eff. July 15, 2010. Amended by St.2010, c. 359, § 33, eff. Oct. 15, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 102D


Effective: July 15, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 102D. Notice of seizure of explosive or incendiary device resulting from a violation of Secs. 102 to 102C; restitution


(a) Notice of the seizure of an explosive, destructive or incendiary device or substance, any weapon or the component parts thereof, in violation of any provision of section 102 to 102C, inclusive, shall be sent forthwith to the state fire marshal by the officer who made such seizure. The marshal may, in his sole discretion, render safe or direct any other official to assist him in rendering safe any item so seized, if such item cannot be safely kept pending trial. Upon final conviction of such person, such explosive, device, substance or weapon, or component parts thereof, shall be adjudged forfeited to the commonwealth and be disposed of by the marshal or his authorized representative.


(b) Upon conviction for a violation of sections 102 to 102C, inclusive, the court shall conduct a hearing to ascertain the extent of costs incurred, damages and financial loss suffered by local, county or state public safety agencies and the amount of property damage caused as a result of the violation of this section, if any. A person found guilty of violating sections 102 to 102C, inclusive, shall, in all cases, in addition to any other punishment, be ordered to make restitution to the local, county or state government for any costs incurred, damages and financial loss sustained as a result of the commission of such offense. Restitution shall be imposed in addition to incarceration or fine; provided, however, that the court shall consider the defendant's present and future ability to pay in its determinations regarding a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.


CREDIT(S)


Added by St.2010, c. 160, § 6, eff. July 15, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 103


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 103. Oil of vitriol, or other substances; throwing into building or vessel


Whoever wilfully, intentionally and without right throws into, against or upon a dwelling house, office, shop or other building, or vessel, or puts or places therein or thereon oil of vitriol, coal tar or other noxious or filthy substance, with intent unlawfully to injure, deface or defile such dwelling house, office, shop, building or vessel, or any property therein, shall be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one half years or by a fine of not more than three hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 104


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 104. Buildings; destruction or injury


Whoever wilfully, intentionally and without right destroys, injures, defaces or mars a dwelling house or other building, whether upon the inside or outside, shall be punished by imprisonment for not more than two months or by a fine of not more than fifty dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 104A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 104A. Goal posts; penalty for destruction


Whoever wilfully and without right destroys, injures or removes a goal post on a football field shall be punished by a fine of not less than fifty nor more than two hundred dollars.


CREDIT(S)


Added by St.1960, c. 610.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 104B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 104B. Research animals; unauthorized removal


Whoever enters any premises in which animals are being housed or used in research by a research institution and, without authority, injures, damages, commits any trespass upon, removes or carries away any data, equipment, facility or property or injures, damages, removes, carries away, interferes with or releases any animal shall, if such injury, damage, trespass, removal, carrying away, interference or release is malicious and wilful, be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than twenty-five thousand dollars and imprisonment in a jail or house of correction for not more than two and one-half years; or if such injury, damage, trespass, removal, carrying away, interference or release is wilful but not malicious, be punished by imprisonment in the state prison for not more than five years or by a fine of not more than ten thousand dollars and imprisonment in a jail or house of correction for not more than two and one-half years.


CREDIT(S)


Added by St.1988, c. 224.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 105


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 105. Stone walls or fences; unauthorized removal


Whoever wilfully and without right pulls down or removes any portion of a stone wall or fence which is erected or maintained for the purpose of enclosing land shall be punished by a fine of not more than ten dollars. Natural resource officers and deputy natural resource officers of the office of the secretary of the executive office of environmental affairs, may arrest without a warrant any person found violating this section.


CREDIT(S)


Amended by St.1975, c. 706, § 300.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 106


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 106. Ice ponds; injury


Whoever wilfully, intentionally and without right or license, cuts, injures, mars or otherwise damages or destroys ice upon waters from which ice is or may be taken as an article of merchandise, whereby the taking thereof is hindered or the value thereof diminished for that purpose, shall be punished by a fine of not more than one hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 107


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 107. Bridge or canal; injury


Whoever wilfully, intentionally and without right breaks down, injures, removes or destroys a public bridge, or a lock, culvert or embankment of a canal, or wilfully, intentionally and without right makes an aperture or breach in such embankment with intent to destroy or injure the same, shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than five hundred dollars and imprisonment in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 108


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 108. Vessel; destruction to injure or defraud owner or insurer; punishment; restitution


Whoever casts away, burns, sinks or otherwise destroys a ship or vessel, with intent to injure or defraud an owner thereof, or of any property laden on board the same, or an insurer of such ship, vessel or property, or of any part thereof, shall be punished by imprisonment in the state prison for not more than ten years or imprisonment in a jail for not more than two and one-half years.


A person found guilty of violating this section shall, in addition to any other punishment, be ordered to make restitution to the insurer or owner for any financial loss sustained as a result of the commission of the crime except as hereinafter provided. Restitution shall be imposed in addition to incarceration or fine. In the case of an indigent defendant, the court may determine that the interests of the victim and of justice would not be served by ordering such restitution. In such case, the court shall make specific written findings of the evidence presented which militated against the imposition of restitution.


The court shall, after conviction, conduct an evidentiary hearing to ascertain the extent of the damages or financial loss suffered as a result of the defendant's crime and may then determine the amount and method of restitution. In so determining, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. The defendant's present and future ability to make such restitution shall be considered.


A defendant ordered to make restitution may petition the court for remission from any payment of restitution or from any unpaid portion thereof. If the court finds that the payment of restitution due will impose an undue financial hardship on the defendant or his family, the court may grant remission from any payment of restitution or modify the time and method of payment.


If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court may hold him in contempt unless said defendant has made a good faith effort to make restitution. If the defendant has made such good faith effort, the court may, upon motion of the defendant, modify the order requiring restitution by:


(a) providing for additional time to make any payment in restitution;


(b) reducing the amount of any payment in restitution or installment thereof;


(c) granting a remission from any payment of restitution or part thereof.


Restitution shall not be authorized to a party whom the court determines to be aggrieved, without such party's consent.


CREDIT(S)


Amended by St.1985, c. 659, §§ 1, 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 109


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 109. Vessel; fitting out with intent to destroy


Whoever lades, equips or fits out, or assists in lading, equipping or fitting out, a ship or vessel, with intent that it shall be wilfully cast away, burnt, sunk or otherwise destroyed, and with intent to injure or defraud an owner or insurer of such ship or vessel, or of any property laden on board the same, shall be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more than five thousand dollars and imprisonment in jail for not more than two and one half years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 110


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 110. False invoice of cargo; intent to defraud insurer


An owner of a ship or vessel, or of property laden or pretended to be laden on board the same, or any other person concerned in the lading or fitting out of a ship or vessel, who makes out or exhibits, or causes to be made out or exhibited, a false or fraudulent invoice, bill of lading, bill or parcels or other false estimates of any goods or property laden or pretended to be laden on board such ship or vessel, with intent to injure or defraud an insurer of such ship, vessel or property or of any part thereof, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than five thousand dollars and imprisonment in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 111


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 111. False affidavit or protest; penalty


A master, officer or mariner of a ship or vessel who makes or causes to be made or swears to a false affidavit or protest, or an owner of or other person concerned in such ship or vessel, or the owner of or the person concerned in the goods or property laden on board the same, who procures such false affidavit or protest to be made, or exhibits the same, with intent to injure, deceive or defraud an insurer of such ship or vessel, or of any goods or property laden on board the same, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than five thousand dollars and imprisonment in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 111A


Effective: September 11, 2002


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 111A. Insurance policies; penalty for fraudulent claims


Whoever, in connection with or in support of any claim under any policy of insurance issued by any company, as defined in section one of chapter one hundred and seventy-five, and with intent to injure, defraud or deceive such company, presents to it, or aids or abets in or procures the presentation to it of, any notice, statement, proof of loss, bill of lading, bill of parcels, invoice, schedule, account or other written document, whether or not the same is under oath or is required or authorized by law or by the terms of such policy, knowing that such notice, statement, proof of loss, bill of lading, bill of parcels, invoice, schedule, account or other written document contains any false or fraudulent statement or representation of any fact or thing material to such claim, or whoever with intent as aforesaid makes, prepares or subscribes, or aids or abets in or procures the making, preparation or subscription of, any such notice, statement, proof of loss, bill of lading, bill of parcels, invoice, schedule, account or other written document intended to be presented to any such company in connection with or in support of any claim under any such policy issued by it knowing that such notice, statement, proof of loss, bill of lading, bill of parcels, invoice, schedule, account or other written document contains any false or fraudulent statement or representation as aforesaid, shall, except as provided in section one hundred and ten or one hundred and eleven, be punished by imprisonment in the state prison for not more than five years or by imprisonment in jail for not less than six months nor more than two and one half years or by a fine of not less than $500 nor more than $10,000, or by both such fine and imprisonment in jail.


CREDIT(S)


Amended by St.1982, c. 150; St.2002, c. 138, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 111B


Effective: September 11, 2002


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 111B. Motor vehicle insurance policies; penalty for fraudulent claims


Whoever, in connection with or in support of any application for or claim under any motor vehicle, theft or comprehensive insurance policy issued by an insurer, and with intent to injure, defraud or deceive such insurer knowingly presents to it, or aids or abets in or procures the presentation to it of, any notice, statement, or proof of loss, whether or not the same is under oath or is required or authorized by law or the terms of such policy, knowing that such notice, statement or proof of loss contains any false or fraudulent statement or representation of any fact or thing material to such application or claim, shall be punished by imprisonment in the state prison for not more than 5 years or by imprisonment in the house of correction for not less than 6 months nor more than 2   1/2 years or by a fine of not less than $1,000 nor more than $10,000, or by both such fine and imprisonment.


A person licensed as a motor vehicle damage appraiser pursuant to section eight G of chapter twenty-six or registered as a motor vehicle repair shop pursuant to chapter one hundred A who violates this section, by fraudulently inflating an appraisal of damage to a motor vehicle or the charges for repairing a damaged motor vehicle or otherwise, shall be punished by the additional penalty of revocation of such license or registration for a period not to exceed two years.


The court shall, after conviction, conduct an evidentiary hearing to ascertain the extent of the damages or financial loss suffered as a result of the defendant's crime. A person found guilty of violating this section shall, in all cases, upon conviction, in addition to any other punishment, be ordered to make restitution to the insurer for any financial loss sustained as a result of the commission of the crime; provided, however, that restitution shall not be ordered to a party whom the court determines to be aggrieved without that party's consent. Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant's present and future ability to pay in its determinations regarding a fine; provided, further, that, whenever possible subject to the constraints of this paragraph and the first paragraph of this section, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant's crime.


In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment of restitution. If the court finds that because of any such change the payment of restitution will impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.


If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.


CREDIT(S)


Added by St.1980, c. 463, § 5. Amended by St.1988, c. 273, § 60; St.2002, c. 138, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 111C


Effective: January 3, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 111C. Fraudulently obtaining benefits under insurance contract; runners; punishment


(a) As used in this section, the following words shall have the following meanings:--


“Provider”, an attorney, a health care professional licensed pursuant to chapter 112, an owner or operator of a health care practice or facility, any person who creates the impression that he or his practice or facility can provide legal or health care services, or any person employed or acting on behalf of any of the aforementioned persons.


“Public media”, telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards and mailed or electronically transmitted written communications that do not involve in-person contact with a specific prospective client, patient or customer.


“Runner”, a person who, for a pecuniary benefit, procures or attempts to procure a client, patient or customer at the direction of, request of, or in cooperation with a provider whose purpose is to seek to fraudulently obtain benefits under a contract of insurance or fraudulently assert a claim against an insured or an insurance carrier for providing services to the client, patient or customer. “Runner” shall not include a person who procures or attempts to procure clients, patients or customers for a provider through public media or a person who refers clients, patients or customers to a provider as otherwise authorized by law.


(b) Whoever knowingly acts as a runner or uses, solicits, directs, hires or employs another to act as a runner for the purpose of defrauding an insured or an insurance carrier shall be punished by imprisonment in the state prison for not more than 5 years, by imprisonment in a jail or house of correction for not less than 6 months nor more than 2   1/2 years or by a fine of not less than $1,000 nor more than $4,000.


CREDIT(S)


Added by St.2004, c. 464, § 7, eff. Jan. 3, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 112


Effective: November 17, 2004


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 112. Domestic animals; malicious killing or injury


Whoever wilfully and maliciously kills, maims or disfigures any horse, cattle or other animal of another person, or wilfully and maliciously administers or exposes poison with intent that it shall be taken or swallowed by any such animal, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the house of correction for not more than 2   1/2 years or by a fine of not more than $2,500, or by both such fine and imprisonment.


CREDIT(S)


Amended by St.1986, c. 157; St.2004, c. 319, § 3, eff. Nov. 17, 2004.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 113


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 113. Timber, wood and shrubs; wilful cutting and destruction on land of another


Whoever wilfully cuts down or destroys timber or wood standing or growing on the land of another, or carries away any kind of timber or wood cut down or lying on such land, or digs up or carries away stone, ore, gravel, clay, sand, turf or mould from such land, or roots, nuts, berries, grapes or fruit of any kind or any plant there being, or cuts down or carries away sedge, grass, hay or any kind of corn, standing, growing or being on such land, or cuts or takes therefrom any ferns, flowers or shrubs, or carries away from a wharf or landing place any goods in which he has no interest or property, without the license of the owner thereof, shall be punished by imprisonment for not more than six months or by a fine of not more than five hundred dollars; and if the offence is committed on Sunday, or in disguise, or secretly in the night time, the imprisonment shall not be for less than five days nor the fine less than five dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 114


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 114. Trees and fences; malicious injury


Whoever wilfully and maliciously or wantonly breaks glass in a building which is not his own, or whoever wilfully and maliciously breaks down, injures, mars or defaces a fence belonging to or enclosing land which is not his own, or wilfully and maliciously throws down or opens a gate, bars or fence, and leaves the same down or open, or maliciously and injuriously severs from the freehold of another any produce thereof or anything attached thereto, shall be punished by imprisonment for not more than six months or by a fine of not more than five hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 115


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 115. Trespass in orchards and gardens


Whoever wilfully and maliciously enters an orchard, nursery, garden or cranberry meadow, and takes away, mutilates or destroys a tree, shrub or vine, or steals, takes and carries away any fruit or flower, without the consent of the owner thereof, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 116


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 116. Repealed, 1962, 172



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 116A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 116A. Protection of certain flowers


No person shall pull up or dig up the plant of a wild azalea, wild orchid or cardinal flower (lobelia cardinalis), or any part thereof, or injure any such plant or any part thereof except in so far as is reasonably necessary in procuring the flower therefrom, within the limits of any state highway or any other public way or place, or upon the land of another person without written authority from him, and no person shall buy or sell, or offer or expose for sale, any such flower, or the whole or any part of the plant thereof, knowing, or having reasonable cause to believe, that in procuring such flower or plant the foregoing provisions have been violated. Violation of any provision of this section shall be punished by a fine of not more than five dollars.


CREDIT(S)


Added by St.1935, c. 116.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 117


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 117. Orchards and gardens; entry with intent to injure or destroy


Whoever wilfully, intentionally and without right enters upon the orchard, garden or other improved land of another, with intent to cut, take, carry away, destroy or injure the trees, grain, grass, hay, fruit or vegetables there growing or being, shall be punished by imprisonment for not more than six months or by a fine of not more than five hundred dollars; and if the offence is committed on Sunday, or in disguise, or secretly in the night time, the imprisonment shall not be for less than five days nor the fine less than five dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 118


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 118. Domestic animals; trespass on land


Whoever, having the charge or custody of sheep, goats, cattle, horses, swine or fowl, wilfully suffers or permits them to enter or remain on or pass over any orchard, garden, mowing land or other improved or enclosed land of another, after being forbidden so to do in writing or by notice posted thereon by the owner or occupant thereof, or by the authorized agent of such owner or occupant, shall be punished by a fine of not more than ten dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 119


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 119. Pests; bringing into state; penalty; exception


Whoever knowingly brings into the commonwealth, or transports from one town to another therein, any pest referred to in section eleven or twenty-five of chapter one hundred and thirty-two, or the eggs, nests, larvae or pupae thereof, except when engaged in research work for the commonwealth or for the United States department of agriculture, and for the purpose of suppressing such pests, or whoever knowingly evades the requirements of a quarantine regulation duly established under any provision of said chapter one hundred and thirty-two, shall be punished by fine of not more than two hundred dollars, or imprisonment for not more than two months, or both.


CREDIT(S)


Amended by St.1948, c. 660, § 25; St.1949, c. 761, § 14.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 120


Effective: January 12, 2001


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 120. Entry upon private property after being forbidden as trespass; prima facie evidence; penalties; arrest; tenants or occupants excepted


Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, as defined in section 1 of chapter 90, after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon, or in violation of a court order pursuant to section thirty-four B of chapter two hundred and eight or section three or four of chapter two hundred and nine A, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days or both such fine and imprisonment. Proof that a court has given notice of such a court order to the alleged offender shall be prima facie evidence that the notice requirement of this section has been met. A person who is found committing such trespass may be arrested by a sheriff, deputy sheriff, constable or police officer and kept in custody in a convenient place, not more than twenty-four hours, Sunday excepted, until a complaint can be made against him for the offence, and he be taken upon a warrant issued upon such complaint.


This section shall not apply to tenants or occupants of residential premises who, having rightfully entered said premises at the commencement of the tenancy or occupancy, remain therein after such tenancy or occupancy has been or is alleged to have been terminated. The owner or landlord of said premises may recover possession thereof only through appropriate civil proceedings.


CREDIT(S)


Amended by St.1969, c. 463, § 2; St.1974, c. 109; St.1978, c. 447, § 3; St.1983, c. 678, § 6; St.1999, c. 102.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 120A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 120A. Motor vehicle; parking on private way; prosecution; evidence


In any prosecution for committing the crime of trespass by parking a motor vehicle upon a private way or upon improved or enclosed land, proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle shall be prima facie evidence that the defendant was the person who parked such vehicle upon such way or land at such time.


CREDIT(S)


Added by St.1955, c. 269.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 120B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 120B. Entry on land by abutting property owners not constituting trespass


Whoever, being the owner of land abutting that of another, the building or buildings on which are so close to the land of such other person as to require an entry on said abutting land for the purpose of maintaining or repairing said building or buildings in order to prevent waste, shall not be deemed guilty of trespass or liable civilly for damages, provided that such entry is made expeditiously and in the exercise of due care and that no damage is caused by such entry to the land or buildings of said abutting owner. Before such entry said owner shall notify the chief or other officer in charge of the police department of the city or town in which the land is located that he has requested permission to enter on adjoining land from the owner or occupants thereof for the purpose of maintaining or repairing a building or buildings and that such permission has been refused, and that he intends to enter under the provisions of this section. Before entering on said land, said owner shall post bond with the chief of police in the amount of one thousand dollars to protect the adjoining land owner from damage caused by said entry. No person so entering on land of another shall store material or tools thereon for more than eight hours in any one day nor shall he continue to enter thereon for more than thirty days in the aggregate in any calendar year. After said entry, said owner shall in all respects restore said adjoining land to the condition in which it was prior to said entry.


CREDIT(S)


Added by St.1971, c. 1039.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 120C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 120C. Entry upon adjoining lands by surveyors not constituting trespass


Whenever a land surveyor registered under chapter one hundred and twelve deems it reasonably necessary to enter upon adjoining lands to make surveys of any description included under “Practice of land surveying”, as defined in section eighty-one D of said chapter one hundred and twelve, for any private person, excluding any public authority, public utility or railroad, the land surveyor or his authorized agents or employees may, after reasonable notice, enter upon lands, waters and premises, not including buildings, in the commonwealth, within a reasonable distance from the property line of the land being surveyed, and such entry shall not be deemed a trespass. Nothing in this act shall relieve a land surveyor of liability for damage caused by entry to adjoining property, by himself or his agents or employees.


CREDIT(S)


Added by St.1972, c. 158.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 120D


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 120D. Removal of motor vehicles from private ways or property; penalties; liability for removal and storage charges; release of vehicle


No person shall remove a motor vehicle which is parked or standing on a private way or upon improved or enclosed property unless the operator of such vehicle has been forbidden so to park or stand, either directly or by posted notice, by the person who has lawful control of such way or property. No vehicle shall be removed from such way or property without the consent of the owner of such vehicle unless the person who has lawful control of such way or property shall have notified the chief of police or his designee in a city or town, or, in the city of Boston the police commissioner, or a person from time to time designated by said police commissioner, that such vehicle is to be removed. Such notification shall be made before any such vehicle shall be removed, and shall be in writing unless otherwise specified by such chief of police or police commissioner and shall include the address from which the vehicle is to be removed, the address to which the vehicle is to be removed, the registration number of the vehicle, the name of the person in lawful control of the way or property from which such vehicle is being removed, and the name of the person or company or other business entity removing the vehicle. Vehicles so removed shall be stored in a convenient location. Neither the city or town, nor its chief of police or police commissioner or his designee, shall be liable for any damages incurred during the removal or storage of any such vehicle removed under this section. Any person who, without notifying the chief of police or his designee, or the police commissioner or his designee, or without obtaining the consent of the owner, removes a vehicle from a private way or from improved or enclosed property as aforesaid, shall, in addition to any other penalty of law, be punished by a fine of not more than one hundred dollars. The employer of such person if any, shall also be punished by a fine of not more than one hundred dollars.


Any person who purports to authorize the removal of a vehicle from a way or property as aforesaid without having fully complied with the provision of this section shall be punished by a fine of not more than one hundred dollars.


In addition to any other penalty provided by law, the registered owner of a vehicle illegally parked or standing on a private way or upon improved or enclosed property shall be liable for charges for the removal and storage of such vehicle; provided, however, that the liability so imposed shall not exceed the following, and provided, further, that the vehicle has been removed after compliance with the provisions of this section:


(1) the maximum amount for towing or transportation of motor vehicles established by the department of telecommunications and energy for motor vehicles towed away when such towing is ordered by the police or other public authority under the provisions of section six B of chapter one hundred and fifty-nine B; and


(2) the maximum charge for storage of non-commercial passenger motor vehicles with a maximum capacity of nine persons, shall be not more than the maximum storage charge allowed under the provisions of said section six B of said chapter one hundred and fifty-nine B.


A person lawfully holding a vehicle removed under the provisions of this section may hold such vehicle until the registered owner pays the removal and storage charges.


Any person who is called to remove by towing a vehicle illegally parked or standing on a private way or upon improved or enclosed property may, at his discretion, if the owner appears to remove said vehicle before the towing is completed, charge said owner one half of the fee usually charged for such towing.


Any person who removes a vehicle illegally parked or standing on a private way or upon improved or enclosed property, or holds such a vehicle after its removal, and who has not complied in full with the provisions of this section, shall release such vehicle to its owner without assessing any charges for its removal or storage.


CREDIT(S)


Added by St.1974, c. 537, § 1. Amended by St.1982, c. 333, § 2; St.1990, c. 169; St.1997, c. 164, § 288.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 120E


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 120E. Obstructing entry to or departure from medical facilities; penalties; injunctive relief


As used in this section, the following words shall have the following meanings:--


“Medical facility”, any medical office, medical clinic, medical laboratory, or hospital.


“Notice”, (i) receipt of or awareness of the contents of a court order prohibiting blocking of a medical facility; (ii) oral request by an authorized representative of a medical facility, or law enforcement official to refrain from obstructing access to a medical facility; or (iii) written posted notice outside the entrance to a medical facility to refrain from obstructing access to a medical facility.


Whoever knowingly obstructs entry to or departure from any medical facility or who enters or remains in any medical facility so as to impede the provision of medical services, after notice to refrain from such obstruction or interference, shall be punished for the first offense by a fine of not more than one thousand dollars or not more than six months in jail or a house of correction or both, and for each subsequent violation of this section by a fine of not less than five hundred dollars and not more than five thousand dollars or not more than two and one-half years in jail or a house of correction or both. These penalties shall be in addition to any penalties imposed for violation of a court order.


A person who knowingly obstructs entry to or departure from such medical facility or who enters or remains in such facility so as to impede the provision of medical services after notice to refrain from such obstruction or interference, may be arrested by a sheriff, deputy sheriff, constable, or police officer.


Any medical facility whose rights to provide services under the provisions of this section have been violated or which has reason to believe that any person or entity is about to engage in conduct proscribed herein may commence a civil action for injunctive and other equitable relief, including the award of compensatory and exemplary damages. Said civil action shall be instituted either in superior court for the county in which the conduct complained of occurred, or in the superior court for the county in which any person or entity complained of resides or has a principal place of business. An aggrieved facility which prevails in an action authorized by this paragraph, in addition to other damages, shall be entitled to an award of the costs of the litigation and reasonable attorney's fees in an amount to be fixed by the court.


Nothing herein shall be construed to interfere with any rights provided by chapter one hundred and fifty A or by the federal Labor-Management Act of 1947 or other rights to engage in peaceful picketing which does not obstruct entry or departure.


CREDIT(S)


Added by St.1993, c. 218.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 120E 1/2


Effective: November 13, 2007


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 120E   1/2 . Reproductive health care facilities


(a) For the purposes of this section, “reproductive health care facility” means a place, other than within or upon the grounds of a hospital, where abortions are offered or performed.


(b) No person shall knowingly enter or remain on a public way or sidewalk adjacent to a reproductive health care facility within a radius of 35 feet of any portion of an entrance, exit or driveway of a reproductive health care facility or within the area within a rectangle created by extending the outside boundaries of any entrance, exit or driveway of a reproductive health care facility in straight lines to the point where such lines intersect the sideline of the street in front of such entrance, exit or driveway. This subsection shall not apply to the following:--


(1) persons entering or leaving such facility;


(2) employees or agents of such facility acting within the scope of their employment;


(3) law enforcement, ambulance, firefighting, construction, utilities, public works and other municipal agents acting within the scope of their employment; and


(4) persons using the public sidewalk or street right-of-way adjacent to such facility solely for the purpose of reaching a destination other than such facility.


(c) The provisions of subsection (b) shall only take effect during a facility's business hours and if the area contained within the radius and rectangle described in said subsection (b) is clearly marked and posted.


(d) Whoever knowingly violates this section shall be punished, for the first offense, by a fine of not more than $500 or not more than three months in a jail or house of correction, or by both such fine and imprisonment, and for each subsequent offense, by a fine of not less than $500 and not more than $5,000 or not more than two and one-half years in a jail or house of correction, or both such fine and imprisonment. A person who knowingly violates this section may be arrested without a warrant by a sheriff, deputy sheriff or police officer if that sheriff, deputy sheriff, or police officer observes that person violating this section.


(e) Any person who knowingly obstructs, detains, hinders, impedes or blocks another person's entry to or exit from a reproductive health care facility shall be punished, for the first offense, by a fine of not more than $500 or not more than three months in a jail or house of correction, or by both such fine and imprisonment, and for each subsequent offense, by a fine of not less than $500 nor more than $5,000 or not more than two and one-half years in a jail or house of correction, or by both such fine and imprisonment. A person who knowingly violates this provision may be arrested without a warrant by a sheriff, deputy sheriff or police officer.


(f) A reproductive health care facility or a person whose rights to provide or obtain reproductive health care services have been violated or interfered with by a violation of this section or any person whose rights to express their views, assemble or pray near a reproductive health care facility have been violated or interfered with may commence a civil action for equitable relief. The civil action shall be commenced either in the superior court for the county in which the conduct complained of occurred, or in the superior court for the county in which any person or entity complained of resides or has a principal place of business.


CREDIT(S)


Added by St.2000, c. 217, § 2. Amended by St.2007, c. 155, §§ 1, 2, eff. Nov. 13, 2007.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 120F


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 120F. Unauthorized access to computer system; penalties


Whoever, without authorization, knowingly accesses a computer system by any means, or after gaining access to a computer system by any means knows that such access is not authorized and fails to terminate such access, shall be punished by imprisonment in the house of correction for not more than thirty days or by a fine of not more than one thousand dollars, or both.


The requirement of a password or other authentication to gain access shall constitute notice that access is limited to authorized users.


CREDIT(S)


Added by St.1994, c. 168, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 121


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 121. Entry on land with firearms


Whoever, without right, enters upon the land of another with firearms, with intent to fire or discharge them thereon, and, having been requested by the owner or occupant of such land or by his agent to leave such land, remains thereon, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than two months, or both.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 121A


Effective: October 29, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 121A. Trespasses involving motor vehicles and other powered devices


Whoever, without right, enters upon the private land of another, whether or not such land be posted against trespass, and in so entering makes use of or has in his immediate possession or control any vehicle, machine, or device which includes an internal combustion engine or other source of mechanical power, shall be punished by a fine of not more than $500.


The provisions of this section shall not apply to such an entry at the junction of a public way with a paved private roadway, unless said private roadway is distinguished from the public way by a sign, gatepost, or the display of a street number or the name of the occupant of the premises, or by the improvement of adjacent land, the type of construction of the roadway, or other distinguishing feature, or unless such entry has been forbidden by the person having lawful control of said private roadway.


Nothing herein shall in any way restrict the operation of power boats on waterways not otherwise restricted.


CREDIT(S)


Added by St.1973, c. 573. Amended by St.1974, c. 171; St.2010, c. 202, § 20, eff. Oct. 29, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 122


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 122. Notice against trespassers; defacement; penalty


Whoever wilfully tears down, removes or defaces any notice posted on land, or other property described in section one hundred and twenty, by the owner, lessee or custodian thereof, warning persons not to trespass thereon, shall be punished by a fine of not more than twenty-five dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 123


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 123. State land; public institutions; trespass; penalty


Whoever willfully trespasses upon land or premises belonging to the commonwealth, or to any authority established by the general court for purposes incidental to higher education, appurtenant to a public institution of higher education, any correctional institution of the commonwealth, Tewksbury hospital, Soldiers' Home in Massachusetts, Soldiers' Home in Holyoke, any public institution for the care of mentally ill and developmentally disabled persons, any Massachusetts training school or state charitable institution, or upon land or premises belonging to any county and appurtenant to a jail, house of correction or courthouse, or whoever, after notice from an officer of any of said institutions to leave said land, remains thereon, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than three months.


CREDIT(S)


Amended by St.1941, c. 344, § 27; St.1958, c. 613, § 8E; St.1959, c. 213; St.1960, c. 315; St.1969, c. 362; St.1987, c. 522, § 21; St.1993, c. 326.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 123A


Effective: April 9, 2013


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 123A. Willful trespass upon public source of water, water supply facility or land


(a) Whoever willfully trespasses upon any public source of water or public water supply facilities or land after having been forbidden to do so by a person who has lawful control of the water, facilities or land, or an agent of such a person, whether directly or by notice posted on such water supply facility or land, shall be punished by a fine of not less than $250 nor more than $1,000.


(b) Whoever commits any offense described in subsection (a) with the intent to corrupt, pollute or defile such public source of water shall be punished by a fine of not less than $1,000 nor more than $5,000 or by imprisonment in the house of correction for not more than 2 years or in state prison for not more than 5 years or by both such fine and imprisonment. Whoever is convicted of a second or subsequent violation of this subsection shall be punished by a fine of not less than $1,000 nor more than $10,000 or by imprisonment in state prison for not less than 5 years nor more than 10 years or by both such fine and imprisonment.


(c) In addition to the punishments outlined in subsections (a) and (b), restitution in the amount of costs associated with water quality analysis and any subsequent investigation to determine water safety and security of the facilities or land may be ordered by a court after a hearing relative to such restitution.


(d) A law enforcement officer may arrest, without a warrant, any person that the officer has probable cause to believe has violated this section.


CREDIT(S)


Added by St.2012, c. 446, § 4, eff. April 9, 2013.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 124


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 124. Legal notice; penalty for malicious injury


Whoever wilfully and maliciously, or wantonly and without cause, tears down, removes or defaces a warrant for a town meeting, list of jurors or other notice or paper which has been posted in compliance with law shall, except as otherwise provided, be punished by a fine of not more than ten dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 125


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 125. Show bill or advertisement; penalty for malicious injury


Whoever wilfully and maliciously removes, destroys or mutilates a show bill, placard, program or other advertisement posted upon a wall, fence, billboard or structure not lawfully under his control, of an exhibition, show or amusement licensed under section one hundred and eighty-one of chapter one hundred and forty, before such exhibition, show or amusement has taken place, shall be punished by a fine of not more than ten dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 126


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 126. Natural scenery; penalty for defacement


Whoever paints, or puts upon, or in any manner affixes to, any fence, structure, pole, rock or other object which is public property or the property of another, whether within or without the limits of the highway, any words, device, trade mark, advertisement or notice which is not required by law to be posted thereon, without first obtaining the written consent of the municipal or public officer in charge thereof or the owner or tenant of such property, shall, upon complaint of such municipal or public officer, or of such owner or tenant, be punished by a fine of not less than ten nor more than one hundred dollars, and in addition shall forfeit to the use of the public or private owner of such property or the tenant thereof the cost of removing or obliterating such defacement to be recovered in an action of tort. Any word, device, trade mark, advertisement or notice which has been painted, put up or affixed within the limits of a highway in violation of this section shall be considered a public nuisance, and may be forthwith removed or obliterated and abated by any person.


CREDIT(S)


Amended by St.1965, c. 482.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 126A


Effective: July 1, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 126A. Defacement of real or personal property; penalties; suspension of driver's license


Whoever intentionally, willfully and maliciously or wantonly, paints, marks, scratches, etches or otherwise marks, injures, mars, defaces or destroys the real or personal property of another including but not limited to a wall, fence, building, sign, rock, monument, gravestone or tablet, shall be punished by imprisonment in a state prison for a term of not more than three years or by imprisonment in a house of correction for not more than two years or by a fine of not more than fifteen hundred dollars or not more than three times the value of the property so marked, injured, marred, defaced or destroyed, whichever is greater, or both imprisonment and fine, and shall also be required to pay for the removal or obliteration of such painting, marking, scratching or etching, or to remove or obliterate such painting, marking, scratching or etching; provided, however, that when a fine is levied pursuant to the value of the property marked, injured, marred, defaced or destroyed or when the cost of removal or obliteration is assessed, the court shall, after conviction, conduct an evidentiary hearing to ascertain the value of the property so marked, injured, marred, defaced or destroyed or to ascertain the cost of the removal or obliteration; and provided, however, that if the property marked, injured, marred, defaced or destroyed is a war or veterans' memorial, monument or gravestone, the fine under this section shall be doubled and the person convicted shall be ordered to perform not less than 500 hours of court-approved community service. A police officer may arrest any person for commission of the offenses prohibited by this section without a warrant if said police officer has probable cause to believe that said person has committed the offenses prohibited by this section.


Upon conviction for said offense the individual's driver's license shall be suspended for one year. If the individual convicted of defacing or vandalizing the real or personal property of another is under the age of sixteen then one year shall be added to the minimum age eligibility for driving.


CREDIT(S)


Added by St.1994, c. 60, § 174. Amended by St.2010, c. 131, § 101, eff. July 1, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 126B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 126B. Tagging; penalties; suspension of driver's license


Whoever sprays or applies paint or places a sticker upon a building, wall, fence, sign, tablet, gravestone, monument or other object or thing on a public way or adjoined to it, or in public view, or on private property, such person known or commonly known as “taggers” and such conduct or activity known or commonly known as “tagging”, or other words or phrases associated to such persons, conduct or activity, and either as an individual or in a group, joins together with said group, with the intent to deface, mar, damage, mark or destroy such property, shall be punished by imprisonment in a house of correction for not more than two years or by a fine of not less than fifteen hundred dollars or not more than three times the value of such damage to the property so defaced, marked, marred, damaged or destroyed, whichever is greater, or both fine and imprisonment and shall also be required to pay for the removal or obliteration of such “tagging” or to obliterate such “tagging”; provided, however that when a fine is levied pursuant to the value of the property marred, defaced, marked, damaged or destroyed or where the cost of removal or obliteration is assessed the court shall, after conviction, conduct an evidentiary hearing to ascertain the value of the property so defaced, marked, marred, damaged or destroyed or to ascertain the cost of the removal or obliteration. A police officer may arrest any person for commission of the offenses prohibited by this section without a warrant if said police officer has probable cause to believe that said person has committed the offenses prohibited by this section.


Upon conviction for said offense the individual's drivers license shall be suspended for one year. If the individual convicted of defacing or vandalizing the real or personal property of another is under the age of sixteen then one year shall be added to the minimum age eligibility for driving.


CREDIT(S)


Added by St.1994, c. 60, § 174.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 127


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 127. Personal property; malicious or wanton injuries


Whoever destroys or injures the personal property, dwelling house or building of another in any manner or by any means not particularly described or mentioned in this chapter shall, if such destruction or injury is wilful and malicious, be punished by imprisonment in the state prison for not more than ten years or by a fine of three thousand dollars or three times the value of the property so destroyed or injured, whichever is greater and imprisonment in jail for not more than two and one-half years; or if such destruction or injury is wanton, shall be punished by a fine of fifteen hundred dollars or three times the value of the property so destroyed or injured, whichever is greater, or by imprisonment for not more than two and one-half years; if the value of the property so destroyed or injured is not alleged to exceed two hundred and fifty dollars, the punishment shall be by a fine of three times the value of the damage or injury to such property or by imprisonment for not more than two and one-half months; provided, however, that where a fine is levied pursuant to the value of the property destroyed or injured, the court shall, after conviction, conduct an evidentiary hearing to ascertain the value of the property so destroyed or injured. The words “personal property”, as used in this section, shall also include electronically processed or stored data, either tangible or intangible, and data while in transit.


CREDIT(S)


Amended by St.1978, c. 544; St.1982, c. 229, § 2; St.1987, c. 468, § 5; St.1994, c. 168, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 127A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 127A. Destruction of place of worship, etc.; threats; punishment


Whoever willfully, intentionally and without right, or wantonly and without cause, destroys, defaces, mars, or injures a church, synagogue or other building, structure or place used for the purpose of burial or memorializing the dead, or a school, educational facility or community center or the grounds adjacent to and owned or leased by any of the foregoing or any personal property contained in any of the foregoing shall be punished by a fine of not more than two thousand dollars or not more than three times the value of the property so destroyed, defaced, marred or injured, whichever is greater, or by imprisonment in a house of correction for not more than two and one-half years, or both; provided, however, that if the damage to or loss of such property exceeds five thousand dollars, such person shall be punished by a fine of not more than three times the value of the property so destroyed, defaced, marred or injured or by imprisonment in a state prison for not more than five years, or both.


Whoever threatens to burn, deface, mar, injure, or in any way destroy a church, synagogue or other building, structure, or place of worship, shall be punished by a fine of not more than one thousand five hundred dollars, or by imprisonment in a jail or house of correction for not more than one year, or both.


CREDIT(S)


Added by St.1983, c. 165, § 2. Amended by St.1989, c. 121, §§ 1, 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 127B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 127B. Actions for civil rights violations; liability


Any person incurring injury to his person or damage or loss to his property as a result of conduct in violation of section one hundred and twenty-seven A or of section thirty-nine of chapter two hundred and sixty-five shall have a civil action to secure injunctive relief, special and general damages, reasonable attorney fees and costs against the person whose conduct has violated said section one hundred and twenty-seven A of this chapter or of section thirty-nine of chapter two hundred and sixty-five. In any such action the burden of proof shall be the same as in other civil actions for similar relief.


Notwithstanding any other provision of law to the contrary, the parent or legal guardian of an unemancipated minor child shall be liable for any judgment rendered against such minor under the provisions of this section.


CREDIT(S)


Added by St.1983, c. 165, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 128


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 128. Milk cans; defacement


Whoever, without the consent of the owner thereof, knowingly and wilfully effaces, alters or covers over, or procures to be effaced, altered or covered over, the name, initial or device of any dealer in milk, marked or stamped upon a milk can, or whoever, with intent to defraud and without such consent, detains or uses in his business any such can having the name, initial or device of any dealer in milk so marked or stamped thereon, shall be punished by a fine of not more than ten dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 129


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 129. Correctional institutions; injury to property


An inmate of a correctional institution of the commonwealth who wilfully and maliciously destroys or injures the property of the commonwealth at such correctional institution, or the property of any person who furnishes materials for the employment of the prisoners, may be sentenced to the state prison for not more than three years.


CREDIT(S)


Amended by St.1955, c. 770, § 79.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 130


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 130. Penal institutions; injury to property


Whoever, being a prisoner at a jail or house of correction, wilfully and maliciously injures or destroys any public property or any materials furnished for the employment of prisoners in such jail or house of correction may be punished by imprisonment for not less than six months nor more than two and one half years.


CREDIT(S)


Amended by St.1955, c. 770, § 80.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 131


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 131. Sunday trespassers; arrest and detention without warrant


Whoever is discovered in the act of wilfully injuring a fruit or forest tree or of committing any kind of malicious mischief on Sunday may be arrested without a warrant by a sheriff, deputy sheriff, constable, police officer or other person, and detained in jail or otherwise until a complaint can be made against him for the offence, and he be taken upon a warrant issued upon such complaint; but such detention without warrant shall not continue beyond the following day.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 132


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 132. Pigeons; killing or frightening


Whoever wilfully kills pigeons upon, or frightens them from, beds which have been made for the purpose of taking them in nets, by any method, within one hundred rods of the same, except on land lawfully occupied by himself, shall be punished by imprisonment for not more than one month or by a fine of not more than twenty dollars, and shall also be liable for the actual damages to the owner or occupant of such beds.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 133


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 133. Humane society; injury to property


Whoever unlawfully enters a house, boat house or hut which is the property of the Humane Society of the Commonwealth of Massachusetts and wilfully injures, removes or carries away any property belonging to said society, or wilfully injures or unlawfully uses or commits any trespass upon the property of said society which is intended or kept for the purpose of saving or preserving human life, or commits any trespass upon such house, hut or boat house, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months; but the penalties of this section shall not apply to persons for whose use said boats, houses and other property are intended and kept. Pilots, sheriffs and their deputies, and constables shall make complaint against all persons guilty of a violation of this section. One half of any fine paid hereunder shall be paid to the person who gives information upon which a conviction is obtained.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 134


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 134. Repealed, 1962, 285, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 135


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 135. Vessels; mooring the buoy, beacon or floating guide; penalty


Whoever moors or in any manner makes fast a vessel, scow, boat or raft to a buoy, beacon or floating guide placed by the government of the United States in the navigable waters of the commonwealth shall be punished by a fine of not more than fifty dollars; and whoever wilfully destroys, injures or removes any such beacon or guide shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than three months. One third of all fines which accrue under this section shall be paid to the complainant and two-thirds to the commonwealth.


CREDIT(S)


Amended by St.1978, c. 478, § 278.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 136


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 136. Repealed, 1962, 285, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 137


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 137. Injury to mill by raising water


Whoever, by erecting or maintaining a dam, either within or without the commonwealth, knowingly causes the water of a river or stream so to be raised as to flow upon or injure a mill lawfully existing in the commonwealth and belonging to a citizen thereof, without right as against the owner of such mill, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months; but this section shall not apply to cases in which the courts of the commonwealth have jurisdiction to abate a dam so raised or maintained.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 138


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 138. Dams or reservoirs; malicious injury


Whoever wilfully, intentionally and without right breaks down, injures, removes or destroys a dam, reservoir, canal or trench, or a gate, flume, flashboards or other appurtenances thereof, or a wheel, or mill gear, or machinery of a water mill or steam mill, or wilfully or wantonly, without color of right, draws off the water contained in a mill pond, reservoir, canal or trench, or obstructs such water from flowing out of the same, shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than five hundred dollars and imprisonment in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 138A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 138A. Irrigation equipment; malicious injury


Whoever wilfully, intentionally and without right damages or renders unusable machinery or equipment used in the transmission of water for agricultural purposes shall be punished by imprisonment in state prison for not more than five years or by a fine of not more than five hundred dollars and imprisonment in jail for not more than two years.


CREDIT(S)


Added by St.1969, c. 56. Amended by St.1971, c. 30.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 139


Effective: October 28, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 139. Motor vehicles or trailers; defacement, etc., of identifying numbers; penalties; arrests


(a) Whoever intentionally and maliciously removes, defaces, alters, changes, destroys, obliterates or mutilates or causes to be removed or destroyed or in any way defaced, altered, changed, obliterated or mutilated, the identifying number or numbers of a motor vehicle or trailer shall be punished by a fine of not more than one thousand dollars or by imprisonment in the state prison for not more than three years, or both. The possession of any motor vehicle or trailer by a person who knows, should know, or has reason to know that the identifying number or numbers of such vehicle has been removed, defaced, altered, changed, destroyed, obliterated or mutilated shall be a prima facie evidence of a violation of this paragraph.


(b) Whoever sells, transfers, distributes, dispenses or otherwise disposes of or attempts to sell, transfer, distribute, dispense or otherwise dispose of any motor vehicle or trailer or motor vehicle part knowing or having reason to believe that the identifying number or numbers to said motor vehicle, trailer, or vehicle part have been so removed, defaced, altered, changed, destroyed, obliterated, or mutilated, unless authorized by law to do so, shall be punished by a fine of not more than one thousand dollars or by imprisonment in the state prison for not more than three years, or both.


(c) Whoever buys, receives, possesses, or obtains control of a motor vehicle, trailer, or motor vehicle part knowing or having reason to believe that an identifying number to said vehicle, trailer, or vehicle part has been removed, obliterated, tampered with, or altered, unless authorized by law to do so, shall be punished by a fine of not more than five hundred dollars or by imprisonment in a house of correction for not more than two years, or both.


The phrase “identifying number or numbers”, as used in this section, shall mean the manufacturer's number or numbers identifying the motor vehicle, trailer or motor vehicle part as required to be contained in an application for registration by section two of chapter ninety, including the identifying number or numbers as restored or substituted under authority of section thirty-two A of said chapter ninety or similar law of another state.


An officer authorized to make arrests may arrest without warrant any person who he has probable cause to believe has committed or is committing a violation of the provisions of this section.


A conviction of a violation of this section or any adjudication that a person is a delinquent child by reason thereof shall be reported forthwith by the court or magistrate to the registrar of motor vehicles who shall revoke immediately the license to operate motor vehicles or the right to operate motor vehicles of the person so convicted or adjudged, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of such license or right to operate. The registrar of motor vehicles after having revoked the license or right to operate of any such person so convicted or adjudged shall issue a new license or reinstate such right to operate, if the prosecution of such person is finally terminated in his favor; otherwise, no new license shall be issued nor shall such right to operate be reinstated until sixty days after the date of revocation following his original conviction or adjudication if for a first offense, or until one year after the date of revocation following any subsequent conviction or adjudication.


Whoever takes and carries away the registration plate that is attached to the vehicle of another or is assigned by the registry of motor vehicles to another shall be punished by a fine of not less than $500 nor more than $1,000 or imprisonment in the house of correction for not more than 2   1/2 years, or both.


CREDIT(S)


Amended by St.1961, c. 73, § 4; St.1979, c. 792; St.1981, c. 264, §§ 1 to 3; St.1985, c. 386; St.2005, c. 122, § 18, eff. Oct. 28, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 139A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 139A. Machines, electrical or mechanical devices; alteration or obliteration of identifying numbers; possession; sale; punishment


Whoever removes, defaces, alters, changes, destroys, obliterates or mutilates or causes to be removed or destroyed or in any way defaced, altered, changed, obliterated or mutilated, the identifying number or numbers of any machine or any electrical or mechanical device, with intent thereby to conceal its identity, to defraud the manufacturer, seller, or purchaser, to hinder competition in the areas of sales and servicing, or to prevent the detection of a crime shall be punished by a fine of not more than five hundred dollars or by imprisonment in a jail or house of correction for not more than one year or by both such fine and imprisonment. Possession of any machine or electrical or mechanical device the identifying number or numbers of which have been so removed, defaced, altered, changed, destroyed, obliterated or mutilated shall be prima facie evidence of a violation of the foregoing provision.


Whoever sells or otherwise disposes of or attempts to sell or otherwise dispose of a machine or an electrical or a mechanical device, knowing or having reason to believe that the identifying number or numbers of the same have been so removed, defaced, altered, changed, destroyed, obliterated or mutilated, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year in a jail or house of correction or by both such fine and imprisonment.


CREDIT(S)


Added by St.1974, c. 434.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 140


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 140. Sale or offer for sale of master keys; penalty


Whoever sells or offers to sell or solicits offers to purchase a master key designed to fit more than one motor vehicle knowing, or having reasonable cause to believe, that said key will be used for an illegal purpose shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both.


CREDIT(S)


Added by St.1966, c. 269, § 2. Amended by St.1968, c. 90.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 141


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 141. Tampering with odometer of motor vehicle; intent to defraud; civil remedy; treble damages; costs and fees; unfair competition; repair or replacement excepted


Whoever advertises for sale, sells, uses, installs or has installed any device which causes an odometer to register any mileage other than the true mileage driven, or whoever resets, or alters the odometer of any motor vehicle with the intent to change the number of miles indicated thereon, or whoever, with the intent to defraud, operates a motor vehicle on any street or highway knowing that the odometer of such vehicle is disconnected to nonfunctional, [FN1] shall be liable in a civil action of tort or contract in an amount equal to the sum of three times the amount of actual damages sustained or one thousand five hundred dollars, whichever is the greater, plus the costs of the action together with reasonable attorney fees as determined by the court.


A violation of the provisions of this section shall constitute an unfair method of competition under chapter ninety-three A.


For the purposes of this section, the true mileage driven shall be that mileage traveled by the motor vehicle as registered by the odometer within the manufacturer's designed tolerance.


The term “odometer”, as used in this section and in section one hundred and forty-one A, shall mean an instrument for measuring and recording the actual distance a motor vehicle travels while in operation; but shall not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips.


Nothing in this section and section one hundred and forty-one A shall prevent the service, repair or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair or replacement. Where the odometer is incapable of registering the same mileage as before such service, repair or replacement, the odometer shall be adjusted to read zero and a notice in writing shall be attached to the left door frame of the vehicle by the owner or his agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced.


CREDIT(S)


Added by St.1973, c. 456.


[FN1] So in original.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 141A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 141A. Misrepresentation of mileage of motor vehicle by turning back or readjusting speedometer or odometer; criminal penalty


Whoever, with the intent to misrepresent to a prospective or eventual purchaser the number of miles traveled by a motor vehicle, turns back or readjusts the speedometer or odometer thereof shall be punished by a fine of not less than five hundred nor more than one thousand dollars, or by imprisonment in a jail or house of correction for not less than thirty days nor more than two years, or both. In a prosecution under this section, evidence that a dealer, as defined in section one of chapter ninety, or a person required to be licensed under the provisions of section fifty-nine of chapter one hundred and forty, by himself or by another turned back or readjusted the speedometer or odometer shall constitute prima facie evidence of such intent to misrepresent.


CREDIT(S)


Added by St.1966, c. 468. Renumbered and amended by St.1973, c. 456. Amended by St.1985, c. 155.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 142


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 142. Record of purchases by dealers in scrap copper wire; inspection; penalty


Whoever is in the business of purchasing copper line wire or scrap copper wire shall enter in a book kept for that purpose a description of the same, the quantity purchased, the purchase price and a name and address of the seller. Said book shall at all times be open to the inspection of the chief of police of a city or town or any other officer having similar duties or any officer authorized by either of them, or a state police officer. Whoever violates any provision of this section shall be punished by a fine of not more than fifty dollars.


CREDIT(S)


Added by St.1971, c. 36.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 142A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 142A. Gold, silver and platinum dealers; records; penalty


Whoever is in the business of purchasing gold, silver or platinum shall enter in a book kept for that purpose a description of the item, quantity purchased, the purchase price and the name and address of the seller; provided that the purchase price of such item is at least fifty dollars. Any person who sells gold, silver or platinum shall be required to show to the buyer prior to said sale identification which includes a photograph of said seller. Said book shall at all times be open to the inspection of the chief of police of a city or town or of any other officer having similar duties or any officer authorized by either of them, or a state police officer. Whoever violates any provision of this section shall be punished by a fine of not more than one thousand dollars or imprisonment of not more than one year, or both such fine and imprisonment.


CREDIT(S)


Added by St.1980, c. 400.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 143


Effective: February 14, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 143. Definitions applicable to Secs. 143A to 143H


As used in sections 143A to 143H, inclusive, the following words shall have the following meanings:


“Article” or “recorded device”, the tangible medium upon which sounds or images are recorded or otherwise stored, and shall include any original phonograph record, disc, wire, tape, audio or video cassette, film or other medium now known or later developed on which sounds or images may be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original.


“Audiovisual recording function”, the capability to record or transmit visual images or soundtrack, including any portion thereof, from a motion picture.


“Motion picture theater”, movie theater, screening room, or other venue if used primarily for the exhibition of motion pictures.


“Owner”, the person or other entity who owns a master phonograph record, master disc, master tape, master film or other device used for reproducing recorded visual images or sounds on a phonograph record, disc, tape, film, video cassette or other article on which visual images or sound is recorded, and from which the transferred recorded images or sounds are directly or indirectly derived.


CREDIT(S)


Added by St.1973, c. 979, § 1. Amended by St.1990, c. 163; St.2004, c. 395, § 1, eff. Feb. 14, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 143A


Effective: February 14, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 143A. Unauthorized reproduction and transfer of sound recordings


Whoever directly or indirectly by any means, knowingly transfers or causes to be transferred any sound recorded on a phonograph record, disc, wire, tape, film, videocassette or other article on which such sound is recorded, with intent to sell, rent or transport, or cause to be sold, rented or transported, or to use or cause to be used for profit through public performance such article on which such sound is so transferred, without the consent of the owner, or whoever sells any such article with the knowledge that the sound thereon has been so transferred without the consent of the owner, shall be punished as provided in section 143E.


CREDIT(S)


Added by St.1990, c. 163. Amended by St.2004, c. 395, § 2, eff. Feb. 14, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 143B


Effective: February 14, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 143B. Unauthorized reproduction and sale of live performances


Whoever for commercial advantage or private financial gain records or causes to be recorded a live performance with knowledge that such recording is without the consent of the owner, or advertises, sells, rents, transports or causes to be advertised, sold, rented or transported, or possesses for any of such purposes, a recording of a live performance with the knowledge that the live performance was recorded without the consent of the owner, shall be punished as provided in section 143E.


CREDIT(S)


Added by St.1990, c. 163. Amended by St.2004, c. 395, § 3, eff. Feb. 14, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 143C


Effective: February 14, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 143C. Manufacture, rental, or sale of recorded devices in packaging not bearing reproducer's name and address


Whoever for commercial advantage or private financial gain knowingly manufactures, rents, sells, transports, or causes to be manufactured, rented, sold or transported, or possesses for purposes of sale, rental or transport, any recorded device the outside packaging of which does not clearly and conspicuously bear the true name and address of the transferor of the sounds or images contained thereon shall be punished as provided in section 143E.


CREDIT(S)


Added by St.1990, c. 163. Amended by St.2004, c. 395, § 4, eff. Feb. 14, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 143D


Effective: February 14, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 143D. Application of Secs. 143 to 143C; exceptions


(a) Nothing in sections 143A to 143C, inclusive, shall be construed to apply to any person lawfully entitled to use or who causes to be used such sound or images for profit through public performance, or who transfers or causes to be transferred any such sound or images as part of a radio or television broadcast or for archival preservation.


(b) Nothing in section 143A to 143C, inclusive, shall be construed to apply to local, state or federal law enforcement officers employing an audiovisual recording function during the lawful exercise of law enforcement duties.


CREDIT(S)


Added by St.1990, c. 163. Amended by St.2004, c. 395, § 5, eff. Feb. 14, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 143E


Effective: February 14, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 143E. Violations of Secs. 143A to 143C; punishment


Whoever violates any provision of section 143A to section 143C, inclusive, shall be punished:


(i) by imprisonment for not more than 1 year in the house of correction or by a fine of not more than $25,000, or by both such fine and imprisonment;


(ii) by imprisonment in the house of correction for not more than 2 years or by a fine of not more than $100,000, or by both such fine and imprisonment if the offense involves less than 1,000 but not less than 100 unlawful sound recordings or less the 65 but not less than 7 unlawful audio visual recordings; or


(iii) by imprisonment in state prison for not more than 5 years or by a fine of not more than $250,000, or by both such fine and imprisonment if the offense involves not less than 1,000 unlawful sound recordings or not less than 65 unlawful audio visual recordings.


CREDIT(S)


Added by St.1990, c. 163. Amended by St.2004, c. 395, § 5, eff. Feb. 14, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 143F


Effective: February 14, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 143F. Unlawful recording of motion picture in motion picture theater; punishment


(a) Any person, in a motion picture theater while a motion picture is being exhibited, who knowingly operates an audiovisual recording function, with the intent to unlawfully record the motion picture and without the consent of the owner or lessee of the motion picture theater, shall be punished for a first offense by imprisonment in the house of correction for not more than 2 years or by a fine of not more than $100,000, or by both such fine and imprisonment and for a second or subsequent conviction, by imprisonment in the state prison for not more than 5 years or by a fine of not more than $250,000, or by both such fine and imprisonment.


(b) Nothing in subsection (a) shall be construed to apply to local, state or federal law enforcement officers employing an audiovisual recording function during the lawful exercise of law enforcement duties.


CREDIT(S)


Added by St.2004, c. 395, § 5, eff. Feb. 14, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 143G


Effective: February 14, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 143G. Persons detained for possible violation of Sec. 143F; defense to false imprisonment or false arrest action


In an action for false arrest or false imprisonment brought by any person, by reason of having been detained for questioning or awaiting the arrival of law enforcement, on or in the immediate vicinity of a motion picture theater, if such person was detained in a reasonable manner and for not more than a reasonable length of time by a person authorized to make arrests or by the owner or his agent or servant authorized for such purpose and if there were reasonable grounds to believe that the person so detained was committing or attempting to commit any violation of section 143F, it shall be a defense to such action.


CREDIT(S)


Added by St.2004, c. 395, § 5, eff. Feb. 14, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 143H


Effective: February 14, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 143H. Forfeiture of recordings upon conviction for violation of Secs. 143A to 143C or Sec. 143F


Upon conviction of a person for a violation of sections 143A to 143C, inclusive, or section 143F, the court may order the forfeiture, destruction or other disposition of all recordings on which the conviction is based and all implements, devices and equipment used or intended to be used in the manufacture of the recordings on which the conviction is based. Such order shall be stayed pending any appeal.


CREDIT(S)


Added by St.2004, c. 395, § 5, eff. Feb. 14, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 144


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 144. Carrying away or conversion of certain milk containers without permission of owners


Whoever, without permission of the owner, carries away or converts to his own use a plastic or wire milk case or a plastic or wire container for milk products which has been indelibly stamped with the name of a milk dealer or association of milk dealers shall be punished by a fine of not less than ten and not more than one hundred dollars.


CREDIT(S)


Added by St.1975, c. 538.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 145


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 145. Theft of public records


Any person who intentionally conceals upon his person or otherwise any record of the commonwealth or a political subdivision thereof, as defined in section three of chapter sixty-six, with the intention of permanently depriving said commonwealth or said political subdivision of its use shall be punished by a fine of not more than five hundred dollars.


A custodian of such records or his agent who has probable cause to believe that a person has violated the provisions of this section may detain such person in a reasonable manner and for a reasonable time.


A law enforcement officer may arrest without warrant any person he has probable cause to believe has violated the provisions of this section. The statement of a custodian of such records or his agent that a person has violated the provisions of this section shall constitute probable cause for arrest by a law enforcement officer authorized to make an arrest in such jurisdiction.


CREDIT(S)


Added by St.1986, c. 196, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 146


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 146. Disposal of solid waste in commercial disposal container of another without consent of owner; penalties


For purposes of this section “solid waste” shall mean garbage, refuse, trash, rubbish, sludge, residue or by-products of processing or treatment of discarded material, and any other solid, semi-solid or liquid discarded material resulting from domestic, commercial, mining, industrial, agricultural, municipal, or other sources or activities, but shall not include solid or dissolved material in domestic sewage.


Whoever willfully and without right deposits solid waste in a commercial disposal container of another without the consent of the owner or other person who has legal custody, care or control thereof shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars.


CREDIT(S)


Added by St.1992, c. 64.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 266 § 147


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 266. Crimes Against Property (Refs & Annos)

§ 147. Items or services bearing or identified by counterfeit mark; sales; penalties


(a) For purposes of this section, the following words shall have the following meanings:--


“Counterfeit mark”, any unauthorized reproduction or copy of intellectual property, or intellectual property affixed to any item knowingly sold, offered for sale, manufactured or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property.


“Intellectual property”, any trademark, service mark, trade name, label, term, device, design or word that is (1) adopted or used by a person to identify such person's goods or services, and (2) registered, filed or recorded under the laws of the commonwealth or of any other state, or registered in the principal register of the United States Patent and Trademark Office.


“Retail value”, the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark; provided, however, that in the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.


(b) Whoever willfully manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any item or services bearing or identified by a counterfeit mark shall be punished as follows:


(1) if the violation involves 100 or fewer items bearing a counterfeit mark or the total retail value of all items bearing or of services identified by a counterfeit mark is $1,000 or less and is a first offense, by imprisonment in a jail or house of correction for not more than two and one-half years;


(2) if the violation involves more than 100 but fewer than 1,000 items bearing a counterfeit mark or the total retail value of all items bearing or of services identified by a counterfeit mark is more than $1,000 but less than $10,000 or is a second offense, by imprisonment in the state prison for not more than five years;


(3) if the violation involves 1,000 or more items bearing a counterfeit mark or the total retail value of all items bearing or of services identified by a counterfeit mark is $10,000 or more or if the violation involves the manufacture or production of items bearing counterfeit marks or if the violation involves the manufacture or production of items that pose a threat to the public health or safety or it is a third or subsequent offense, by imprisonment in the state prison for not more than ten years.


(c) For the purposes of this section, the quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing or of services identified by every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses.


(d) A person having possession, custody or control of more than 25 items bearing a counterfeit mark shall be presumed to possess said items with the intent to sell or distribute. Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.


(e) Any person convicted under this section shall, in addition to any penalty imposed pursuant to subsection (b), be punished by a fine in an amount not to exceed three times the retail value of the items bearing or of services identified by a counterfeit mark, unless extenuating circumstances are shown by the defendant.


(f) Any person convicted under this section shall, in addition to any penalty imposed pursuant to subsections (b) and (e), be punished by a fine in an amount equal to 75 per cent of the retail value of the items bearing or of services identified by a counterfeit mark, when the items involved pose a threat to public health or safety.


(g) Any items bearing a counterfeit mark and all personal property including, but not limited to, any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, employed or used in connection with a violation of this section shall be seized by any law enforcement office; provided, however, that all such seized personal property shall be forfeited in accordance with the provisions of chapter 257. Upon the request of the intellectual property owner, all seized items bearing a counterfeit mark shall be released to the intellectual property owner for destruction or disposition; provided, however, that if the intellectual property owner does not request release of seized items bearing a counterfeit mark, such items shall be destroyed unless the intellectual property owner consents to another disposition.


CREDIT(S)


Added by St.1998, c. 115.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 267, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 1. False or forged records, certificates, returns, attestations and other writings


Whoever, with intent to injure or defraud, falsely makes, alters, forges or counterfeits a public record, or a certificate, return or attestation of a clerk or register of a court, public register, notary public, justice of the peace, town clerk or any other public officer, in relation to a matter wherein such certificate, return or attestation may be received as legal proof; or a charter, deed, will, testament, bond or writing obligatory, power of attorney, policy of insurance, bill of lading, bill of exchange or promissory note; or an order, acquittance or discharge for money or other property or a credit card or an instrument described as a United States Dollar Traveller's Check or Cheque, purchased from a bank or other financially responsible institution, the purpose of which is a source of ready money on cashing the instrument without identification other than the signature of the purchaser; or an acceptance of a bill of exchange, or an endorsement or assignment of a bill of exchange or promissory note for the payment of money; or an accountable receipt for money, goods or other property; or a stock certificate, or any evidence or muniment of title to property; or a certificate of title, duplicate certificate of title, certificate issued in place of a duplicate certificate, the registration book, entry book, or any indexes provided for by chapter one hundred and eighty-five, or the docket of the recorder; shall be punished by imprisonment in the state prison for not more than ten years or in jail for not more than two years.


CREDIT(S)


Amended by St.1974, c. 369, § 1; St.1984, c. 231, § 2; St.1986, c. 557, § 190.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 2. Railroad or admission tickets, passes or badges


Whoever, with intent to injure or defraud, falsely makes, alters, forges or counterfeits a railroad ticket, railroad mileage book or railroad pass, or a ticket, badge, pass or any written or printed license purporting to entitle the holder or owner thereof to admission to any exhibition, entertainment, performance, match or contest of any kind, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years, or by a fine of not more than five hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 3. Seal of land court; stamping documents without authority


Whoever forges, procures to be forged or assists in forging, the seal of the land court, or, without lawful authority, stamps or procures to be stamped, or assists in stamping, any document with such forged seal or with the genuine seal of said court, shall be punished by imprisonment in the state prison for not more than ten years or in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 4. Railroad company stamp; forging or using without authority


Whoever forges, procures to be forged or assists in forging, the stamp of any railroad company or of any railroad ticket agent, or, without lawful authority, stamps or procures to be stamped, or assists in stamping, any railroad ticket or railroad mileage book with such forged stamp, or with a genuine stamp of any railroad company or railroad ticket agent, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years, or by a fine of not more than five hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 5. Uttering false or forged records, deeds or other writings


Whoever, with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in the four preceding sections, knowing the same to be false, forged or altered, shall be punished by imprisonment in the state prison for not more than ten years or in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 6. Uttering a forged railroad or admission ticket, pass or badge


Whoever, with intent to injure or defraud, utters and publishes as true a false, forged or altered railroad ticket, railroad mileage book or railroad pass, or a ticket, badge, pass or any written or printed license purporting to entitle the holder or owner thereof to admission to any exhibition, entertainment, performance, match or contest of any kind mentioned in section two, knowing the same to be false, altered or forged, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years, or by a fine of not more than five hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 7. False or forged note, certificate or other bill of credit issued for debt of commonwealth


Whoever, with intent to injure or defraud, falsely makes, alters, forges or counterfeits a note, certificate or other bill of credit issued by the state treasurer, or by any commissioner or other officer authorized to issue the same for a debt of this commonwealth, shall be punished by imprisonment in the state prison for life or for any term of years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 8. False, forged or counterfeited bank bill, note or traveller's check


Whoever, with intent to injure or defraud, falsely makes, alters, forges or counterfeits a bank bill or promissory note payable to the bearer thereof or to the order of any person, issued by any incorporated banking company or an instrument described as a United States Dollar Traveller's Check or Cheque, purchased from a bank or other financially responsible institution, the purpose of which is a source of ready money on cashing the instrument without identification other than the signature of the purchaser, shall be punished by imprisonment in the state prison for life or for any term of years.


CREDIT(S)


Amended by St.1974, c. 369, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 9. Possession of ten or more of false, forged or counterfeited notes or bills


Whoever has in his possession at the same time ten or more similar false, altered, forged or counterfeit notes, bills of credit, bank bills or notes, such as are mentioned in any of the preceding sections, payable to the bearer thereof or to the order of any person, knowing the same to be false, altered, forged or counterfeit, with intent to utter or pass the same as true, and thereby to injure or defraud, shall be punished by imprisonment in the state prison for life or for any term of years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 10. Uttering, passing or tendering false, forged or counterfeited note, certificate, bill or traveller's check


Whoever utters or passes or tenders in payment as true any such false, altered, forged or counterfeit note, certificate or bill of credit for any debt of the commonwealth, or a bank bill or promissory note payable to the bearer thereof or to the order of any person, issued as aforesaid, or an instrument described as a United States Dollar Traveller's Check or Cheque, purchased from a bank or other financially responsible institution, the purpose of which is a source of ready money on cashing the instrument without identification other than the signature of the purchaser, knowing the same to be false, altered, forged or counterfeit, with intent to injure or defraud, shall be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than one thousand dollars and imprisonment in jail for not more than one year.


CREDIT(S)


Amended by St.1974, c. 369, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 11. Common utterers of counterfeit bills


Whoever, having been convicted of the crime mentioned in the preceding section, is again convicted of the like crime committed after the former conviction, and whoever is at the same sitting of the court convicted upon three distinct charges of such crime, shall be adjudged a common utterer of counterfeit bills, and be punished by imprisonment in the state prison for not more than ten years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 12. Possession of false, forged or counterfeit bills, notes or traveller's checks


Whoever brings into this commonwealth or has in his possession a false, forged or counterfeit bill or note, in the similitude of the bills or notes, payable to the bearer thereof or to the order of any person, issued by or for any bank or banking company, or an instrument described as a United States Dollar Traveller's Check or Cheque, purchased from a bank or other financially responsible institution, the purpose of which is a source of ready money on cashing the instrument without identification other than the signature of the purchaser, with intent to utter or pass the same or to render the same current as true, knowing the same to be false, forged or counterfeit, shall be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than one thousand dollars and imprisonment in jail for not more than one year.


CREDIT(S)


Amended by St.1974, c. 369, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 13. Tools or material for making false, forged or counterfeited notes, certificates, bills or traveller's checks


Whoever engraves, makes or mends, or begins to engrave, make or mend, a plate, block, press or other tool, instrument or implement, or makes or provides paper or other material adapted to and designed for the forging or making of a false and counterfeit note, certificate or other bill of credit, purporting to be issued by lawful authority for a debt of the commonwealth, or a false and counterfeit note or bill in the similitude of the notes or bills issued by any bank or banking company, or an instrument described as a United States Dollar Traveller's Check or Cheque, purchased from a bank or other financially responsible institution, the purpose of which is a source of ready money on cashing the instrument without identification other than the signature of the purchaser, and whoever has in his possession such a plate or block engraved in any part, or a press or other tool, instrument or implement, or paper or other material, adapted and designed as aforesaid, with intent to use the same or to cause or permit the same to be used in forging or making such false and counterfeit certificates, bills or notes, shall be punished by imprisonment in the state prison for not more than ten years, or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two years.


CREDIT(S)


Amended by St.1974, c. 369, § 5.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 14. Evidence relative to forged or counterfeited bank or institution bills or notes


In prosecutions for forging or counterfeiting notes or bills of the banks or institutions before mentioned, or for uttering, publishing or tendering in payment as true forged or counterfeit bank bills or notes, or for being possessed thereof with intent to utter and pass the same as true, the testimony of the president and cashier of any such bank may be dispensed with, if their place of residence is out of the commonwealth or more than forty miles from the place of trial; and the testimony of any person acquainted with the signature of such president or cashier, or who has knowledge of the difference in the appearance of the true and the counterfeit bills or notes of such banks, may be admitted to prove that such bills or notes are counterfeit.


CREDIT(S)


Amended by St.1974, c. 369, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 15. Certificates of certain officials of the United States, a state or territory, as evidence


In prosecutions for forging or counterfeiting a note, certificate, bill of credit or other security issued on behalf of the United States, or on behalf of any state or territory, or for uttering, publishing or tendering in payment as true such forged or counterfeit note, certificate, bill of credit or security, or for being possessed thereof with intent to utter or pass the same as true, the certificate under oath of the secretary of the treasury, or of the treasurer of the United States, or of the secretary or treasurer of any state or territory, on whose behalf such note, certificate, bill of credit or security purports to have been issued, shall be admitted as evidence for the purpose of proving the same to be forged or counterfeit.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 16. Fictitious signatures of corporate officers or agents


If a fictitious or pretended signature, purporting to be the signature of an officer or agent of a corporation, is fraudulently affixed to an instrument or writing purporting to be a note, draft or other evidence of debt issued by such corporation, with intent to pass the same as true, it shall be a forgery, although no such person may ever have been an officer or agent of such corporation, or ever have existed.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 17


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 17. Counterfeiting coin; possession of ten or more pieces of false money


Whoever counterfeits any gold or silver coin current by law or usage within the commonwealth, or has in his possession at the same time ten or more pieces of false money, or coin counterfeited in the similitude of any gold or silver coin current as aforesaid, knowing the same to be false and counterfeit, and with intent to utter or pass the same as true, shall be punished by imprisonment in the state prison for life or for any term of years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 18. Possession of less than ten pieces of counterfeit coin; uttering, passing or tendering in payment


Whoever has in his possession less than ten pieces of the counterfeit coin mentioned in the preceding section, knowing the same to be counterfeit, with intent to utter or pass the same as true, or utters, passes or tenders in payment as true any such counterfeit coin, knowing the same to be false and counterfeit, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 19


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 19. Common utterers of counterfeit coin


Whoever, having been convicted of any of the crimes mentioned in the preceding section, is again convicted of the same crimes committed after the former conviction, and whoever is at the same sitting of the court convicted upon three distinct charges of said crimes, shall be adjudged a common utterer of counterfeit coin, and punished by imprisonment in the state prison for not more than twenty years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 20


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 20. Tools for making counterfeit coin


Whoever casts, stamps, engraves, makes or mends, or knowingly has in his possession a mould, pattern, die, puncheon, engine, press or other tool or instrument, adapted to and designed for coining or making counterfeit coin, in the similitude of any gold or silver coin current by law or usage in the commonwealth, with intent to use or employ the same or to cause or permit the same to be used or employed in coining or making any such false and counterfeit coin as aforesaid, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 21


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 21. Notes, bills, orders or checks as currency


Whoever issues or passes a note, bill, order or check, other than foreign bills of exchange, the notes or bills of a bank incorporated by the laws of this commonwealth, of the United States, of some one of the United States or of any of the British provinces of North America, with the intent that the same shall be circulated as currency, shall be punished by a fine of fifty dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 22


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 22. Notes, bills, orders or checks for less than five dollars, as currency


Whoever issues or passes a note, bill, order or check, other than the notes or bills of a bank incorporated under the authority of this commonwealth, of the United States or of some one of the United States, for an amount less than five dollars, or whereon a less amount than five dollars is due at the time of such issuing or passing thereof, with intent that the same shall be circulated as currency, shall be punished by a fine of fifty dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 23


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 23. Bank notes or bills for a fraction of a dollar


Whoever receives or puts in circulation as currency a bank note or bill which is, or a part of which is, for any fractional part of a dollar shall be punished by a fine of twenty-five dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 24


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 24. Connecting parts of instruments


Whoever fraudulently connects different parts of several bank notes or other genuine instruments in such manner as to produce one additional note or instrument, with intent to pass all of them as genuine, shall be guilty of forgery, in like manner as if each of them had been falsely made or forged.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 25


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 25. Damaging or impairing bank bills or notes


Whoever wilfully and maliciously tears, cuts or in any manner damages and impairs the usefulness for circulation of a bank bill or note of a bank in this commonwealth shall be punished by a fine of not more than ten dollars; but the possession or uttering of a bill so injured shall not be evidence against a party charged, unless connected with other circumstances tending to prove that the bill or note was injured by him.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 26


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 26. Gathering or retaining bank bills or notes


Whoever maliciously gathers up or retains or maliciously aids in gathering up or retaining bills or notes of a bank or banking company, current by law or usage in the commonwealth, for the purpose of injuring or impeding the circulation or business of such bank or banking company, or of compelling it to do any act out of the usual course of its business, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years; and in the prosecution of any such crime it shall not be necessary to set out and describe each bill, but it shall be sufficient to aver and prove any amount of the bills of any bank which have been so gathered up or retained.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 27


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 27. Possession of worthless bank bills or notes


Whoever has in his possession at the same time five or more bank bills or notes not current which are worthless as bank bills or notes, knowing the same to be worthless as aforesaid, or has papers not bank bills or notes, but made in the similitude thereof, or papers purporting to be the bills or notes of a bank which has never existed, knowing the character of such papers, with intent to pass, utter or circulate the same, or to procure any other person so to do, for the purpose of injuring or defrauding, shall be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than five hundred dollars and imprisonment in the house of correction for not more than two and one half years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 28


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 28. Uttering, passing or tendering worthless bank bills or notes


Whoever utters or passes or tenders in payment as true any such worthless bank bill or note not current, or any paper not a bank bill or note but made in the similitude thereof, or any paper purporting to be the bill or note of a bank which has never existed, knowing the same to be worthless and not current, as aforesaid, with intent to injure and defraud, shall be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than five hundred dollars and imprisonment in the house of correction for not more than two and one half years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 29


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 29. Shop bills or advertisements similar to bank bills or treasury notes or other United States Securities


Whoever engraves, prints, issues, utters or circulates a shop bill or advertisement, in similitude, form and appearance like a bank bill, on paper similar to paper used for bank bills, and with vignettes, figures or decorations used on bank bills, or having the general appearance of a bank bill, or in similitude, form and appearance, like a treasury note, note, certificate, bill of credit or other security issued by or on behalf of the United States, on paper similar to paper used for the same, respectively, and with vignettes, figures or decorations used thereon, or having the general appearance of a treasury note, note, certificate, bill of credit or other security issued by or on behalf of the United States, shall be punished by a fine of not more than fifty dollars or by imprisonment in jail for not more than three months.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 30


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 30. Seizure of false, forged or counterfeit bills, notes or bonds or counterfeiter's tools; destruction; return


When false, forged or counterfeit bank bills or notes, or forged or counterfeit notes or bonds of any state or corporation, or plates, dies or other tools, instruments or implements used by counterfeiters, or designed for the forging or making of false or counterfeit notes, coin or bills, or worthless bank bills or notes not current described in sections twenty-seven and twenty-eight, come to the knowledge of a sheriff, constable, police officer or other officer of justice, he shall immediately seize and take possession of and deliver them into the custody of the superior court, which shall cause them to be destroyed by an officer of the court, who shall make return to the court of his doings in the premises.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267 § 31


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267. Forgery and Crimes Against the Currency (Refs & Annos)

§ 31. Compensation to prosecutors and officers


Upon a conviction of any crime mentioned in sections seven, eight, seventeen, eighteen, twenty or twenty-eight or upon forfeiture by persons prosecuted for any such crime of any recognizance for their appearance to answer to the same, the superior court may order compensation to the prosecutor and to the officer who has secured and kept the evidence of the crime, not exceeding their actual expenses, with a reasonable allowance for their time and trouble, which shall be paid by the county.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 267A, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267A. Money Laundering



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267A § 1


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267A. Money Laundering (Refs & Annos)

§ 1. Definitions


As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:


“Criminal activity”, activity which constitutes a criminal offense punishable under the laws of the commonwealth by imprisonment in a state prison or a criminal offense committed in another jurisdiction punishable under the laws of that jurisdiction as a felony.


“Financial institution”, (1) a bank as defined in section 1 of chapter 167; (2) a national banking association, bank, savings and loan association, savings bank, cooperative bank, building and loan or credit union organized under the laws of the United States; (3) a banking association, bank, savings and loan association, savings bank, cooperative bank, building and loan or credit union organized under the laws of any state; (4) an agency, agent or branch of a foreign bank; (5) a currency dealer or exchange; (6) a person or business engaged primarily in the cashing of checks; (7) a person or business regularly engaged in the issuing, selling or redeeming of traveler's checks, money orders or similar instruments; (8) a broker or dealer in securities or commodities; (9) a licensed transmitter of funds or other person or business regularly engaged in the transmission of funds to a foreign nation for others; (10) an investment banker or investment company; (11) an insurer; (12) a dealer in precious metals, stones or jewels; (13) a pawnbroker or scrap metal dealer; (14) a telegraph or other communications company; (15) a personal property or real estate broker; (16) a dealer in vehicles including, but not limited to, automobiles, aircraft and vessels; (17) an operator of a betting or gaming establishment; (18) a travel agent; (19) a thrift institution, as defined in section 1 of chapter 167F; (20) an operator of a credit card system; or (21) a loan or finance company.


“Monetary instrument”, the currency and coin of the United States or any foreign country; any bank check, money order, stock, investment security, or negotiable instrument in bearer form or otherwise in such form that title passes upon delivery; gold, silver or platinum bullion or coins; diamonds, emeralds, rubies or sapphires; any negotiable instrument including, bank checks, cashier's checks, traveler's checks or monetary orders made payable to the order of a named party that have not been endorsed or which bear restrictive endorsements; poker chips, vouchers or other tokens exchangeable for cash by gaming entities; and credit cards, debit cards, gift cards, gift certificates or scrips.


“Transaction”, a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition and, with respect to a financial institution, including, but not limited to, a deposit, withdrawal, bailment, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument, use of a safe deposit box or any other payment, transfer or delivery by, through or to a financial institution, by whatever means effected.


CREDIT(S)


Added by St.2011, c. 194, § 48, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267A § 2


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267A. Money Laundering (Refs & Annos)

§ 2. Money laundering; penalties


Whoever knowingly:


(1) transports or possesses a monetary instrument or other property that was derived from criminal activity with the intent to promote, carry on or facilitate criminal activity;


(2) engages in a transaction involving a monetary instrument or other property known to be derived from criminal activity:


(i) with the intent to promote, carry on or facilitate criminal activity; or


(ii) knowing that the transaction is designed in whole or in part either to: (A) conceal or disguise the nature, location, source, ownership or control of the property derived from criminal activity; or (B) avoid a transaction reporting requirement of this chapter, of the United States, or of any other state; or


(3) directs, organizes, finances, plans, manages, supervises or controls the transportation of, or transactions in, monetary instruments or other property known to be derived from criminal activity or which a reasonable person would believe to be derived from criminal activity shall be guilty of the crime of money laundering and shall be punished by imprisonment in the state prison for not more than 6 years or by a fine of not more than $250,000 or twice the value of the property transacted, whichever is greater, or by both such imprisonment and fine. Whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for not less than 2 years, but not more than 8 years or by a fine of not more than $500,000 or 3 times the value of the property transacted, whichever is greater, or by both such imprisonment and fine.


CREDIT(S)


Added by St.2011, c. 194, § 48, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267A § 3


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267A. Money Laundering (Refs & Annos)

§ 3. Filing by financial institutions of reports required by the Currency and Foreign Transactions Act; liability for making, filing or use of reports provided pursuant to section; disclosure of reports


(a) If the Financial Crimes Enforcement Network of the United States Department of the Treasury at any time no longer permits a law enforcement agency including, but not limited to, the attorney general, from entering into a memorandum of understanding to obtain reports required by the Currency and Foreign Transactions Act, set forth in 31 U.S.C. § 5311 to 5315, 31 C.F.R. chapter X, on a case-by-case basis, a financial institution, upon the request of the attorney general, shall file with the attorney general reports required by said Currency and Foreign Transactions Act, set forth in 31 U.S.C. § 5311 to 5315, 31 CFR chapter X.


(b) A financial institution, or an officer, employee or agent of a financial institution that provides any reports or information under this section shall not be liable to its customer, to a state or local agency or to any person for any loss or damage caused in whole or in part by the making, filing or governmental use of the report, or any information contained in the report. Nothing in this chapter shall give rise to a private cause of action for relief or damages. Nothing in this subsection shall preclude a financial institution, in its discretion, from instituting contact with, and then communicating with and disclosing customer financial records to appropriate federal, state or local law enforcement agencies if the financial institution has reason to suspect that the records or information demonstrate that the customer has violated this chapter.


(c) Any report, record or information obtained by the attorney general under this section shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66 and shall not be subject to disclosure, except to other state and federal law enforcement agencies.


CREDIT(S)


Added by St.2011, c. 194, § 48, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 267A § 4


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 267A. Money Laundering (Refs & Annos)

§ 4. Forfeiture of monetary instruments or other property obtained in violation of Sec. 2


All monetary instruments or other property, real, intellectual or personal, obtained directly as a result of a violation of section 2, shall be subject to forfeiture to the commonwealth. Forfeiture proceedings shall be conducted as provided in subsections (b) to (j), inclusive, of section 47 of chapter 94C. For the purposes of subsection (d) of said section 47 of said chapter 94C, the investigations and enforcement bureau of the Massachusetts gaming commission established in chapter 23K shall be considered a police department and shall be entitled to a police department's distribution of forfeiture proceedings.


CREDIT(S)


Added by St.2011, c. 194, § 48, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 268, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 1


Effective: March 30, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 1. Perjury


Whoever, being lawfully required to depose the truth in a judicial proceeding or in a proceeding in a course of justice, wilfully swears or affirms falsely in a matter material to the issue or point in question, or whoever, being required by law to take an oath or affirmation, wilfully swears or affirms falsely in a matter relative to which such oath or affirmation is required, shall be guilty of perjury. Whoever commits perjury on the trial of an indictment for a capital crime shall be punished by imprisonment in the state prison for life or for any term of years, and whoever commits perjury in any other case shall be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more than one thousand dollars or by imprisonment in jail for not more than two and one half years, or by both such fine and imprisonment in jail.


An indictment or complaint for violation of this section alleging that, in any proceedings before or ancillary to any court or grand jury proceedings relating to an indictment or complaint for the commission of a violent crime, as defined in section 121 of chapter 140, the defendant under oath has knowingly made 2 or more declarations, which are inconsistent to the degree that 1 of them is necessarily false, need not specify which declaration is false if: (1) each declaration was material to the point in question and (2) each declaration was made within the period of the statue [FN1] of limitations for the offense charged under this section. In any prosecution under this section, the falsity of a declaration set forth in the indictment or complaint shall be established sufficient for conviction by proof that the defendant, while under oath, made irreconcilably contradictory declarations material to the point in question. If, in the same continuous court or grand jury proceeding in which a declaration is made, the person making the declaration admits to such declaration to be false, such admission shall bar prosecution under this section if, at the time the admission is made, the declaration has not substantially affected the proceeding, or it has not become manifest that such falsity has been or will be exposed. It shall be a defense to an indictment or complaint made pursuant to this section that the defendant, at the time he made each declaration, believed each such declaration to be true or its falsity was the result of a good faith mistake or error.


CREDIT(S)


Amended by St.2006, c. 48, § 2, eff. Mar. 30, 2006.


[FN1] So in original; probably should read “statute”.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 1A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 1A. Statements containing declaration relative to penalties of perjury; verification; false statements


No written statement required by law shall be required to be verified by oath or affirmation before a magistrate if it contains or is verified by a written declaration that it is made under the penalties of perjury. Whoever signs and issues such a written statement containing or verified by such a written declaration shall be guilty of perjury and subject to the penalties thereof if such statement is wilfully false in a material matter.


CREDIT(S)


Amended by St.1947, c. 106.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 2. Subornation of perjury


Whoever is guilty of subornation of perjury, by procuring another person to commit perjury, shall be punished as for perjury.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 3. Attempt to procure another to commit perjury


Whoever attempts to incite or procure another person to commit perjury, although no perjury is committed, shall be punished by imprisonment in the state prison for not more than five years or in jail for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 4. Testimony creating presumption of perjury; commitment; recognizance; witnesses bound over; notice


If it appears to a court of record that a party or a witness who has been legally sworn and examined, or has made an affidavit, in any proceeding in a court or course of justice has so testified as to create a reasonable presumption that he has committed perjury therein, the court may forthwith commit him or may require him to recognize with sureties for his appearance to answer to an indictment for perjury; and thereupon the witnesses to establish such perjury may, if present, be bound over to the superior court, and notice of the proceedings shall forthwith be given to the district attorney.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 5. Presumption of perjury; papers, books and documents detained for prosecution


If perjury is reasonably presumed, as aforesaid, papers, books or documents which have been produced and are considered necessary to be used on a prosecution for such perjury may by order of the court be detained from the person who produces them so long as may be necessary for their use in such prosecution.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 6


Effective: April 15, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 6. False reports or testimony before state departments, board or commissioner; false entries in company books or statements; aiders or abettors


Except as provided in sections forty-eight and forty-nine of chapter one hundred and fifty-five, whoever shall wilfully make false report to the department of public utilities, the department of telecommunications and cable, the department of highways, the department of banking and insurance, the department of environmental protection, the board of registration of waste cleanup professionals, or the commissioner of revenue, or who before any such department, board or commissioner, shall testify or affirm falsely to any material fact in any matter wherein an oath or affirmation is required or authorized, or who shall make any false entry or memorandum upon any book, report, paper or statement of any company making report to any of the said departments or board or said commissioner, with intent to deceive the department or board or commissioner, or any agent appointed to examine the affairs of any such company, or to deceive the stockholders or any officer of any such company, or to injure or defraud any such company, and any persons who with like intent aids or abets another in any violation of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both such fine and imprisonment.


CREDIT(S)


Amended by St.1978, c. 514, § 232; St.1991, c. 552, § 132; St.1993, c. 495, § 58; St.1997, c. 164, § 289; St.2008, c. 522, § 44, eff. April 15, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 6A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 6A. False written reports by public officers or employees


Whoever, being an officer or employee of the commonwealth or of any political subdivision thereof or of any authority created by the general court, in the course of his official duties executes, files or publishes any false written report, minutes or statement, knowing the same to be false in a material matter, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment.


CREDIT(S)


Added by St.1964, c. 444.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 6B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 6B. Process servers; false statements; penalty


Any process server who returns to the court a writ or other official instrument of process on which he has willfully falsified either the fact that service has been made, or the fact that a particular kind of service has been made, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year.


CREDIT(S)


Added by St.1969, c. 293.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§§ 7 to 8A. Repealed, 1962, 779, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§§ 7 to 8A. Repealed, 1962, 779, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 8A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§§ 7 to 8A. Repealed, 1962, 779, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 8B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 8B. Compulsion or coercion to refuse appointment or promotion


Any appointing authority or appointing officer, both as defined in chapter thirty-one, who, by himself or by some other person acting on his behalf, compels, or induces by the use of threats or other form of coercion, any person on an eligible list, as defined in chapter thirty-one, to refuse an appointment or promotion by such authority or officer to any position in the classified civil service shall be punished by a fine of not less than fifty nor more than two hundred dollars or by imprisonment in a jail or house of correction for not more than two months, or by both such fine and imprisonment.


CREDIT(S)


Added by St.1961, c. 342.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 9. Repealed, 1962, 779, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 9A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 9A. Public officers or employees; solicitations regarding testimonial dinners


No person shall sell, offer for sale, or accept payment for, tickets or admissions to, nor solicit or accept contributions for, a testimonial dinner or function, or any affair, by whatever name it may be called, having a purpose similar to that of a testimonial dinner or function, for any person, other than a person holding elective public office, whose office or employment is in any law enforcement, regulatory or investigatory body or agency of the commonwealth or any political subdivision thereof.


Whoever violates any provision of this section shall be punished by a fine of not more than five hundred dollars.


CREDIT(S)


Added by St.1962, c. 633.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§§ 10 to 12. Repealed, 1962, 779, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§§ 10 to 12. Repealed, 1962, 779, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 13. Corrupting or attempting to corrupt masters, auditors, jurors, arbitrators, umpires or referees


Whoever corrupts or attempts to corrupt a master in chancery, master, auditor, juror, arbitrator, umpire or referee by giving, offering or promising any gift or gratuity whatever, with intent to influence his opinion or decision, relative to a cause or matter pending in a court, or before an inquest, or for the decision of which he has been chosen or appointed, shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 13A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 13A. Picketing court, judge, juror, witness or court officer


Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the commonwealth, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than one year, or both.


Nothing in this section shall interfere with or prevent the exercise by any court of the commonwealth of its power to punish for contempt.


CREDIT(S)


Added by St.1950, c. 109.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 13B


Effective: November 4, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 13B. Intimidation of witnesses, jurors and persons furnishing information in connection with criminal proceedings


(1) Whoever, directly or indirectly, willfully


(a) threatens, or attempts or causes physical injury, emotional injury, economic injury or property damage to;


(b) conveys a gift, offer or promise of anything of value to; or


(c) misleads, intimidates or harasses another person who is:


(i) a witness or potential witness at any stage of a criminal investigation, grand jury proceeding, trial or other criminal proceeding of any type;


(ii) a person who is or was aware of information, records, documents or objects that relate to a violation of a criminal statute, or a violation of conditions of probation, parole or bail;


(iii) a judge, juror, grand juror, prosecutor, police officer, federal agent, investigator, defense attorney, clerk, court officer, probation officer or parole officer;


(iv) a person who is furthering a civil or criminal proceeding, including criminal investigation, grand jury proceeding, trial, other criminal proceeding of any type, probate and family proceeding, juvenile proceeding, housing proceeding, land proceeding, clerk's hearing, court ordered mediation, any other civil proceeding of any type; or


(v) a person who is or was attending or had made known his intention to attend a civil or criminal proceeding, including criminal investigation, grand jury proceeding, trial, other criminal proceeding of any type, probate and family proceeding, juvenile proceeding, housing proceeding, land proceeding, clerk's hearing, court-ordered mediation, any other civil proceeding of any type with the intent to impede, obstruct, delay, harm, punish or otherwise interfere thereby, or do so with reckless disregard, with such a proceeding shall be punished by imprisonment in a jail or house of correction for not more than 2 and one-half years or by imprisonment in a state prison for not more than 10 years, or by a fine of not less than $1,000 nor more than $5,000, or by both such fine and imprisonment.


(2) As used in this section, “investigator” shall mean an individual or group of individuals lawfully authorized by a department or agency of the federal government, or any political subdivision thereof, or a department or agency of the commonwealth, or any political subdivision thereof, to conduct or engage in an investigation of, prosecution for, or defense of a violation of the laws of the United States or of the commonwealth in the course of his official duties.


(3) As used in this section, “harass” shall mean to engage in any act directed at a specific person or persons, which act seriously alarms or annoys such person or persons and would cause a reasonable person to suffer substantial emotional distress. Such act shall include, but not be limited to, an act conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including but not limited to any device that transfers signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.


(4) A prosecution under this section may be brought in the county in which the criminal investigation, grand jury proceeding, trial or other criminal proceeding is being conducted or took place, or in the county in which the alleged conduct constituting an offense occurred.


CREDIT(S)


Added by St.1969, c. 460. Amended by St.1970, c. 177; St.1990, c. 369; St.1996, c. 393, §§ 2 to 4; St.2006, c. 48, § 3, eff. Mar. 30, 2006; St.2010, c. 92, § 11, eff. May 3, 2010; St.2010, c. 256, § 120, eff. Nov. 4, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 13C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 13C. Disruption of court proceedings


Whoever causes or actively participates in the willful disruption of proceedings of any court of the commonwealth may be punished by a fine of not more than one thousand dollars or by imprisonment in a jail or house of correction for not more than one year, or both. Nothing in this section shall interfere with or prevent the exercise by any court of the commonwealth of its power of contempt.


CREDIT(S)


Added by St.1971, c. 524.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 13D


Effective: March 3, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 13D. Distributing transcript or description of grand jury testimony with intent to interfere with criminal proceedings


(a) Whoever knowingly distributes or possesses with intent to distribute any transcript of grand jury testimony or any substantially verbatim description of grand jury testimony with the intent to impede, obstruct, delay or otherwise interfere with any criminal proceeding, or the participation of any victim, witness or juror in any stage of a trial, grand jury, or other criminal proceeding, or the continued participation of any person furnishing information to a criminal proceeding, or the continued participation of any person furnishing information to a criminal investigator relating to a violation of any criminal statue, [FN1] shall be punished by imprisonment in a house of correction for not more than 2   1/2 years or in the state prison for not more than 5 years, or by a fine of not more than $5,000, or both. Nothing in this subsection shall abridge any right protected by the First Amendment to the United States Constitution.


(b) Nothing in this section shall be construed so as to prohibit any person performing an official function in relation to the grand jury from disclosing a grand jury transcript or description thereof pursuant to Massachusetts Rules of Procedure or Federal Rule of Criminal Procedure 6.


(c) Any attorney representing a defendant in a criminal proceeding, including court appointed counsel, who receives a grand jury transcript or a description thereof related to such proceeding from a prosecutor, may provide the transcript or description to his client or any investigator employed by such attorney or another attorney employed by, or appointed by the court to represent, his client, unless such transfer would be in violation of a protective order from a court of competent jurisdiction. Such attorney may further disclose a grand jury transcript or description thereof related to such proceeding to assist in the legal defense of another defendant in a criminal proceeding, unless such transfer would be in violation of a protective order from a court of competent jurisdiction.


(d) Upon motion of the commonwealth and after hearing, a court may issue a protective order prohibiting defense counsel from distributing grand jury transcripts to a criminal defendant, if the commonwealth demonstrates that the defendant is accused of a violent crime, as defined in section 121 of chapter 140, and that there is a reason to believe, based on specific and articulable facts including, but not limited to, the defendant's past history of violence and the nature of the charges against the defendant, that the defendant poses a threat to a witness or victim. The defendant shall have a right to cross examine any commonwealth witness. In making a determination relative to the issuance of a protective order under this section, the court shall consider whether the defendant has an exceptional need to receive such grand jury transcripts.


(e) Any grand jury transcript or document citing or describing grand jury testimony filed with any court shall be filed and maintained under seal, unless the paper is filed in a criminal prosecution for perjury before a grand jury.


CREDIT(S)


Added by St.2006, c. 48, § 4, eff. Mar. 30, 2006.


[FN1] So in enrolled bill; probably should read “statute”.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 13E


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 13E. Tampering with record, document or other object for use in an official proceeding


(a) As used in this section the following word shall, unless the context clearly requires otherwise, have the following meaning:--


“Official proceeding”, a proceeding before a court or grand jury, or a proceeding before a state agency or commission, which proceeding is authorized by law and relates to an alleged violation of a criminal statute or the laws and regulations enforced by the state ethics commission, the state secretary, the office of the inspector general, or the office of campaign and political finance, or an alleged violation for which the attorney general may issue a civil investigative demand.


(b) Whoever alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the record, document or object's integrity or availability for use in an official proceeding, whether or not the proceeding is pending at that time, shall be punished, by (i) a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2 years, or both, or (ii) if the official proceeding involves a violation of a criminal statute, by a fine of not more than $25,000, or by imprisonment in the state prison for not more than 10 years, or in a jail or house of correction for not more than 2    1/2 years, or both.


(c) The record, document, or other object need not be admissible in evidence or free of a claim of privilege.


(d) A prosecution under this section may be brought in the county where the official proceeding was or would have been convened or where the alleged conduct constituting an offense occurred.


CREDIT(S)


Added by St.2009, c. 28, § 60, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 14. Receipt of gift by juror, arbitrator, umpire, referee, master or auditor


Whoever, being summoned as a juror or chosen or appointed as an arbitrator, umpire or referee, or, being a master in chancery, master or auditor, corruptly takes anything to give his verdict, award or report, or corruptly receives any gift or gratuity from a party to a suit, cause or proceeding for the trial or decision of which such juror has been summoned, or for the hearing or determination of which such master in chancery, master, auditor, arbitrator, umpire or referee has been chosen or appointed, shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 14A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 14A. Juror discharged from employment


No person shall be discharged from or deprived of his employment because of his attendance or service as a grand or traverse juror in any court. Violation of this section by an employer shall be a contempt of the court upon which such person is or has been in attendance or in which he is or has been serving as a grand or traverse juror, and such employer may be prosecuted upon complaint verified upon oath and be punished for such contempt.


CREDIT(S)


Added by St.1936, c. 168.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 14B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 14B. Witnesses in criminal actions; discharge, etc. from employment


Any person who is a victim of a crime upon which an accusatory instrument is based, or is subpoenaed to attend a criminal action as a witness and who notifies his employer of such subpoena prior to the day of his attendance, shall not be subject to discharge or penalty by said employer on account of his absence from employment by reason of such witness service. An employer shall not subject an employee to discharge or penalty or the threat of discharge or penalty on account of the absence of such employee from employment by reason of his attendance as a witness at a criminal action. An employer who violates the provisions of this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one month, or both such fine and imprisonment.


CREDIT(S)


Added by St.1989, c. 233, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 15. Aiding escape from a correctional institution or jail; rescue


Whoever conveys into a correctional institution of the commonwealth or into a jail, house of correction, house of reformation or like place of confinement, a disguise, instrument, tool, weapon or other thing which is adapted or useful to aid a prisoner in making his escape, with intent to aid the escape of a prisoner, or whoever, by any means, aids or assists such prisoner in endeavoring to escape therefrom, whether such escape is effected or attempted or not, and whoever forcibly or fraudulently rescues or attempts to rescue a prisoner held in custody upon a conviction or charge of crime, shall, if the person whose escape or rescue was effected or intended is a convict under sentence to the state prison or is charged with a felony, be punished by a fine of not more than five hundred dollars or by imprisonment in the state prison for not more than ten years; but if he is a convict under sentence to any other of said institutions, by imprisonment in the state prison for not more than seven years; and if he is charged with a misdemeanor, then by a fine of not more than five hundred dollars or by imprisonment in jail for not more than two years.


CREDIT(S)


Amended by St.1955, c. 770, § 81.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 15A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 15A. Escapes from jail


Whoever, after lawfully being placed in custody in a jail of a city or town, escapes from any such jail shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years, or by a fine of not more than five hundred dollars, or both.


CREDIT(S)


Added by St.1989, c. 431.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 16


Effective: November 4, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 16. Escape or attempt to escape, or failure to return from temporary release or furlough


A prisoner of any penal institution including a prisoner who is held in custody for a court appearance or a person committed under the provisions of section five or six of chapter one hundred and twenty-three A to a treatment center or branch thereof described in sections two and four of said chapter one hundred and twenty-three A, or a prisoner committed to any jail or correctional institution under a lawful order of a court, who escapes or attempts to escape from any such institution or from land appurtenant thereto, or from any courthouse or from land appurtenant thereto or from the custody of any officer thereof while being conveyed to or from said institution, center or branch, or who knowingly disables or attempts to disable or defeat electronic monitoring of the prisoner, or fails to return from any temporary release from said institution under the provisions of section ninety A of chapter one hundred and twenty-seven, or fails to return from any temporary release from said institution, center or branch, may be pursued and recaptured and shall be punished by imprisonment in the state prison for not more than ten years or by imprisonment in a jail or house of correction for not more than two and one-half years.


CREDIT(S)


Amended by St.1934, c. 344; St.1941, c. 344, § 28; St.1943, c. 19, § 1; St.1955, c. 770, § 82; St.1973, c. 1062, § 1; St.1985, c. 241; St.1989, c. 313, § 2; St.1993, c. 376; St.2010, c. 256, § 121, eff. Nov. 4, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 16A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 16A. Repealed, 1973, 1062, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 17


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 17. Aiding escape from officer or person having custody


Whoever aids or assists a prisoner in escaping or attempting to escape from an officer or person who has the lawful custody of such prisoner shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 18. Jailer or officer suffering prisoner to escape


A jailer or officer who, except as provided in the following section, voluntarily suffers a prisoner in his custody upon conviction or upon a charge of crime to escape shall suffer the punishment and penalties to which the prisoner whom he suffered to escape was sentenced or would be liable to suffer upon conviction of the crime wherewith he stood charged.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 19


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 19. Suffering or consenting to an escape from a penal institution


An officer or other person, who, being employed in any penal institution, voluntarily suffers a convict confined therein to escape, or in any way consents to such escape, shall be punished by imprisonment in the state prison for not more than twenty years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 20


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 20. Negligently suffering prisoner to escape; refusal to receive prisoner


A jailer or officer who, through negligence, suffers a prisoner in his custody upon conviction or upon a charge of crime to escape, or wilfully refuses to receive into his custody a prisoner lawfully directed to be committed thereto upon conviction, upon a charge of crime, or upon a lawful process, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 21


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 21. Suffering convict to be at large, visited, relieved or comforted


An officer or person who, being employed in the state prison, suffers a convict under sentence of solitary imprisonment to be at large or out of the cell assigned to him, or suffers any convict confined in the prison to be at large out of the prison, or to be visited, conversed with or in any way relieved or comforted, contrary to the regulations of the prison, shall be punished by a fine of not more than five hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 21A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 21A. Officer or other employee of penal or correctional institution; sexual relations with inmate; punishment


An officer or other person who is employed by or contracts with any penal or correctional institution in the commonwealth, and who, in the course of such employment or contract or as a result thereof, engages in sexual relations with an inmate confined therein, within or outside of such institution, or an inmate who is otherwise under the direct custodial supervision and control of such officer or other person, shall be punished by imprisonment for not more than five years in a state prison or by a fine of $10,000 or both. In a prosecution commenced under this section, an inmate shall be deemed incapable of consent to sexual relations with such person. For purposes of this section, sexual relations shall include intentional, inappropriate contact of a sexual nature, including, but not limited to conduct prohibited by section 22 or 24 of chapter 265 or section 2, 3, 35 or 53A of chapter 272.


CREDIT(S)


Added by St.1999, c. 127, § 183.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 22


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 22. Delay of service of warrants


An officer who wilfully delays service of a warrant of arrest or a search warrant committed to him for service shall be punished by a fine of not more than fifty dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 23


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 23. Refusal or delay to execute process resulting in escape


An officer who, being authorized to serve process, wilfully and corruptly refuses to execute a lawful process directed to him and requiring him to apprehend or confine a person convicted of or charged with crime, or wilfully and corruptly omits or delays to execute such process, whereby such person escapes, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 24


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 24. Neglect or refusal to assist officer or watchman


Whoever, being required in the name of the commonwealth by a sheriff, deputy sheriff, constable, police officer or watchman, neglects or refuses to assist him in the execution of his office in a criminal case, in the preservation of the peace or in the apprehension or securing of a person for a breach of the peace, or in a case of escape or rescue of persons arrested upon civil process, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than one month.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 25


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 25. Refusal or neglect to obey order of justice of the peace to apprehend offender


Whoever, being required by a justice of the peace, upon view of a breach of the peace or of any other offence proper for his cognizance, to apprehend the offender, refuses or neglects to obey such justice, shall be punished as provided in the preceding section; and no person to whom such justice is known or declares himself to be a justice of the peace shall plead any excuse on pretence of ignorance of his office.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 26


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 26. Delivering alcoholic beverages to prisoners; possession


Whoever gives, sells or delivers alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, to a person confined in any correctional institution or other place of confinement, or to a person in the custody of a sheriff, constable, police officer, superintendent of a correctional institution, or other superintendent or keeper of a place of confinement, or has in his possession, within the precincts of any prison or other place of confinement, any such beverages, with intent to convey or deliver them to any person confined therein, except under the direction of the physician appointed to attend such prisoner, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than two months.


CREDIT(S)


Amended by St.1934, c. 328, § 24; St.1955, c. 770, § 84; St.1957, c. 777, § 33; St.1979, c. 485, § 41.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 27


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 27. Delivering alcoholic beverages to patients of public institutions; possession


Whoever gives, sells or delivers any alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, to any patient or inmate of any public institution, or to any patient or inmate under the control of any such institution, except under the direction of a physician authorized so to do, and whoever has in his possession within the precincts of any such institution any such beverages with intent to consume the same or to convey, give, sell or deliver the same to any patient or inmate thereof, except under direction as aforesaid, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than two months.


CREDIT(S)


Amended by St.1934, c. 328, § 25.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 28


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 28. Delivering drugs or articles to prisoners in correctional institutions or jails; possession


Whoever gives or delivers to a prisoner in any correctional institution, or in any jail or house of correction, any drug or article whatever, or has in his possession within the precincts of any prison herein named with intent to give or deliver to any prisoner any such drug or article without the permission of the superintendent or keeper, shall be punished by imprisonment in the state prison for not more than five years, or in a jail or house of correction for not more than two years, or by a fine of not more than one thousand dollars.


CREDIT(S)


Amended by St.1955, c. 770, § 85; St.1957, c. 777, § 34; St.1965, c. 407; St.1979, c. 485, § 42.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 29


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 29. Delivery, or permission of delivery, by officers, of alcoholic beverages, to prisoners; keeping together prisoners of different sexes or classes


A sheriff, jailer, superintendent of a house of correction or officer of a correctional institution who, under any pretence, gives, sells or delivers or knowingly permits to be given, sold or delivered to a prisoner in his custody any alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, or cider, unless the physician of the penal institution certifies in writing that the health of the prisoner requires the same; or such sheriff, jailer, superintendent of a house of correction or officer of a correctional institution who willingly or negligently suffers such prisoner to have or drink any alcoholic beverages, as so defined, or who places or keeps together prisoners in his custody of different sexes or classes, contrary to section twenty-two of chapter one hundred and twenty-seven, shall forfeit twenty-five dollars for the first offence and fifty dollars for any offence committed subsequent to the first conviction, and, upon such second conviction, shall be removed from office, and be ineligible to hold the office of sheriff, deputy sheriff, jailer, superintendent or keeper of any correctional institution for five years thereafter. If the physician certifies that the health of the prisoner requires such liquor, the prisoner shall be allowed the quantity prescribed and no more.


CREDIT(S)


Amended by St.1934, c. 328, § 26; St.1955, c. 770, § 86; St.1979, c. 485, § 43.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 30


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 30. Disturbing correctional institutions or jail; attracting attention of, or communicating with, inmates


Whoever wilfully disturbs any correctional institution of the commonwealth, the Lyman school, industrial school for boys, industrial school for girls, or a jail or house of correction, or in any manner seeks to attract the attention of, or without the permission of the officer in charge has communication with, an inmate thereof, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than three months.


CREDIT(S)


Amended by St.1955, c. 770, § 87.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 31


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 31. Delivery or receipt of articles to or from inmates


Whoever delivers or procures to be delivered, or has in his possession with intent to deliver, to an inmate confined in any penal institution, or whoever deposits or conceals in or about the institution, or the dependencies thereof, or upon any land appurtenant thereto, or in any boat or vehicle going into the premises belonging to the institution, any article, with intent that an inmate shall obtain or receive it, and whoever receives from an inmate any article with intent to convey it out of the institution, contrary to the rules and regulations thereof, and without the knowledge and permission of the commissioner of correction or of the superintendent, keeper, sheriff or other officer in charge thereof shall be punished by a fine of not more than five hundred dollars or by imprisonment in the state prison for not more than three years or in jail for not more than two and one half years.


Any inmate of a correctional institution who, upon returning from a furlough or a work program, brings or attempts to bring into said institution an illegal drug, gun, knife or other similar weapon as defined in section ten of chapter two hundred and sixty-nine of the General Laws, shall be punished by an additional sentence of not less than seven nor more than ten years in state prison.


CREDIT(S)


Amended by St.1955, c. 770, § 88; St.1957, c. 777, § 35; St.1962, c. 747; St.1979, c. 485, § 44; St.1987, c. 411.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 32


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 32. Interference or tampering with police or fire signal systems, or motorist highway emergency aid call boxes; false alarms or calls


Whoever opens a signal box connected with a police signal system for the purpose of giving, or causing to be given, a false alarm, or interferes in any way with such box by breaking, cutting, injuring or defacing the same; or whoever, without authority, opens, tampers or meddles with such box, or with any part or parts thereof, or with the police signal wires, or with anything connected therewith, or with such purpose, wantonly and without cause tampers or meddles with a signal box connected with a fire signal system or with any part or thing connected therewith, shall be subject to immediate arrest and shall be punished by a fine of not less than five hundred nor more than one thousand dollars, or by imprisonment for not more than two years, or both.


Whoever opens a motorist highway emergency aid call box on any state highway connected with a highway emergency signal system for the purpose of giving or causing to be given a false call for aid, or interferes in any way with such box by breaking, cutting, injuring or defacing the same; or, without authority, opens, tampers or meddles with such box, or with any part or parts thereof, or with anything connected therewith, or, with such purpose, wantonly and without cause tampers or meddles with a motorist highway emergency aid call box or with any part or thing connected therewith, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars.


CREDIT(S)


Amended by St.1970, c. 278; St.1979, c. 205; St.1989, c. 513.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 32A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 32A. Interference with fire fighting operations


Whoever willfully obstructs, interferes with or hinders a fire fighter in the lawful performance of his duty, or whoever willfully obstructs, interferes with or hinders a fire fighting force in the lawful performance of its duty, shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment in a jail or house of correction for not less than thirty days nor more than two and one half years or by imprisonment in the state prison for not more than five years, or by both such fine and imprisonment in a jail or house of correction.


CREDIT(S)


Added by St.1966, c. 289. Amended by St.1968, c. 82.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 32B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 32B. Resisting arrest


(a) A person commits the crime of resisting arrest if he knowingly prevents or attempts to prevent a police officer, acting under color of his official authority, from effecting an arrest of the actor or another, by:


(1) using or threatening to use physical force or violence against the police officer or another; or


(2) using any other means which creates a substantial risk of causing bodily injury to such police officer or another.


(b) It shall not be a defense to a prosecution under this section that the police officer was attempting to make an arrest which was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A police officer acts under the color of his official authority when, in the regular course of assigned duties, he is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him.


(c) The term “police officer” as used in this section shall mean a police officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such police officer while attempting such arrest.


(d) Whoever violates this section shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years or a fine of not more than five hundred dollars, or both.


CREDIT(S)


Added by St.1995, c. 276.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 33


Effective: April 15, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 33. Falsely assuming to be justice of the peace or other officers


Whoever falsely assumes or pretends to be a justice of the peace, notary public, sheriff, deputy sheriff, medical examiner, associate medical examiner, constable, police officer, probation officer, or examiner, investigator or other officer appointed by the registrar of motor vehicles, or inspector, investigator or examiner of the department of public utilities or the department of telecommunications and cable, or investigator or other officer of the alcoholic beverages control commission, or investigator or other official of the bureau of special investigations, or examiner, investigator or other officer of the department of revenue, and acts as such or requires a person to aid or assist him in a matter pertaining to the duty of such officer, shall be punished by a fine of not more than four hundred dollars or by imprisonment for not more than one year.


CREDIT(S)


Amended by St.1935, c. 440, § 44; St.1941, c. 71; St.1945, c. 400, § 7; St.1971, c. 150; St.1983, c. 233, § 82; St.1984, c. 110; St.1997, c. 164, § 290; St.2008, c. 522, § 45, eff. April 15, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 33A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 33A. Engaging in lead paint inspection without a license


Whoever engages in or conducts a lead paint inspection without being licensed to do so, or holds himself out to the public as a licensed lead paint inspector and is not so licensed, shall be punished by a fine of not more than five thousand dollars or imprisonment in jail for not more than one year, or both.


CREDIT(S)


Added by St.1993, c. 482, § 21.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 34


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 34. Disguises to obstruct execution of law, performance of duties, or exercise of rights


Whoever disguises himself with intent to obstruct the due execution of the law, or to intimidate, hinder or interrupt an officer or other person in the lawful performance of his duty, or in the exercise of his rights under the constitution or laws of the commonwealth, whether such intent is effected or not, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year and may if imprisoned also be bound to good behavior for one year after the expiration of such imprisonment.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 34A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 34A. Furnishing false name or Social Security number to law enforcement officer or official; penalty; restitution


Whoever knowingly and willfully furnishes a false name or Social Security number to a law enforcement officer or law enforcement official following an arrest shall be punished by a fine of not more than $1,000 or by imprisonment in a house of correction for not more than one year or by both such fine and imprisonment. Such sentence shall run from and after any sentence imposed as a result of the underlying offense. The court may order that restitution be paid to persons whose identity has been assumed and who have suffered monetary losses as a result of a violation of this section.


CREDIT(S)


Added by St.1998, c. 397, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 35


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 35. Unauthorized use of town seal; making or possessing badge of town officer


Whoever, without being duly authorized thereto, prints, stamps, engraves or affixes, or causes to be printed, stamped, engraved or affixed to any paper or other article a representation of the seal of a town in the commonwealth, with intent to give to such paper or article an official character which it does not possess, or, without being duly authorized thereto, and with intent to assume an official character which he does not possess, casts, stamps, engraves, makes or has in his possession a badge or thing in the likeness of an official badge of a police officer, member of a fire department, or other officer appointed by a town in the commonwealth, or by any department of such town, shall be punished by a fine of not more than fifty dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 36


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 36. Compounding or concealing felonies


Whoever, having knowledge of the commission of a felony, takes money, or a gratuity or reward, or an engagement therefor, upon an agreement or understanding, express or implied, to compound or conceal such felony, or not to prosecute therefor, or not to give evidence thereof, shall, if such crime is punishable with death or imprisonment in the state prison for life, be punished by imprisonment in the state prison for not more than five years or in jail for not more than one year; and if such crime is punishable in any other manner, by a fine of not more than five hundred dollars or by imprisonment in jail for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 37


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§§ 37, 38. Repealed, 1962, 779, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 38


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§§ 37, 38. Repealed, 1962, 779, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 39


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 39. Perjury; statements alleging motor vehicle theft; penalty; subsequent offenses


Whoever knowingly makes a false written statement on a form bearing notice that false statements made therein are punishable under the penalty of perjury, to a police officer, police department or the registry of motor vehicles alleging the theft or conversion of a motor vehicle, shall be punished by imprisonment for a first offense not less than five months, nor more than two years, or a fine of not less than two hundred and fifty dollars and not more than two thousand five hundred dollars, or both. A person found guilty of violating this section for a second or subsequent offense shall be punished by imprisonment not less than one, nor more than five years, or a fine of not less than five hundred dollars and not more than five thousand dollars, or both.


The sentence imposed upon a person convicted of violating this section for a second or subsequent offense shall not be reduced to less than one year.


A person convicted of a second or subsequent offense of violating the provisions of this section shall not be eligible for probation, parole, furlough or work release; provided, however that the commissioner of correction may, on the recommendation of warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institutions. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.


CREDIT(S)


Added by St.1980, c. 463, § 6. Renumbered by St.1981, c. 795, § 13.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268 § 40


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268. Crimes Against Public Justice (Refs & Annos)

§ 40. Reports of crimes to law enforcement officials


Whoever knows that another person is a victim of aggravated rape, rape, murder, manslaughter or armed robbery and is at the scene of said crime shall, to the extent that said person can do so without danger or peril to himself or others, report said crime to an appropriate law enforcement official as soon as reasonably practicable. Any person who violates this section shall be punished by a fine of not less than five hundred nor more than two thousand and five hundred dollars.


CREDIT(S)


Added by St.1983, c. 597, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 268A, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 1. Definitions


In this chapter the following words, unless a different meaning is required by the context or is specifically prescribed, shall have the following meanings:--


(a) “Compensation”, any money, thing of value or economic benefit conferred on or received by any person in return for services rendered or to be rendered by himself or another.


(b) “Competitive bidding”, all bidding, where the same may be prescribed by applicable sections of the General Laws or otherwise, given and tendered to a state, county or municipal agency in response to an open solicitation of bids from the general public by public announcement or public advertising, where the contract is awarded to the lowest responsible bidder.


(c) “County agency”, any department or office of county government and any division, board, bureau, commission, institution, tribunal or other instrumentality thereof or thereunder.


(d) “County employee”, a person performing services for or holding an office, position, employment, or membership in a county agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent, or consultant basis.


(e) “Immediate family”, the employee and his spouse, and their parents, children, brothers and sisters.


(f) “Municipal agency”, any department or office of a city or town government and any council, division, board, bureau, commission, institution, tribunal or other instrumentality thereof or thereunder.


(g) “Municipal employee,” a person performing services for or holding an office, position, employment or membership in a municipal agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent, or consultant basis, but excluding (1) elected members of a town meeting and (2) members of a charter commission established under Article LXXXIX of the Amendments to the Constitution.


(h) “Official act”, any decision or action in a particular matter or in the enactment of legislation.


(i) “Official responsibility”, the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and whether personal or through subordinates, to approve, disapprove or otherwise direct agency action.


(j) “Participate”, participate in agency action or in a particular matter personally and substantially as a state, county or municipal employee, through approval, disapproval, decision, recommendation, the rendering of advice, investigation or otherwise.


(k) “Particular matter”, any judicial or other proceeding, application, submission, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, decision, determination, finding, but excluding enactment of general legislation by the general court and petitions of cities, towns, counties and districts for special laws related to their governmental organizations, powers, duties, finances and property.


(l) “Person who has been selected”, any person who has been nominated or appointed to be a state, county or municipal employee or has been officially informed that he will be so nominated or appointed.


(m) “Special county employee”, a county employee who is performing services or holding an office, position, employment or membership for which no compensation is provided; or who is not an elected official and (1) occupies a position which, by its classification in the county agency involved or by the terms of the contract or conditions of employment, permits personal or private employment during normal working hours, provided that disclosure of such classification or permission is filed in writing with the State Ethics Commission and the office of the county commissioners prior to the commencement of any personal or private employment, or (2) in fact does not earn compensation as a county employee for an aggregate of more than eight hundred hours during the preceding three hundred and sixty-five days. For this purpose compensation by the day shall be considered as equivalent to compensation for seven hours per day. A special county employee shall be in such a status on days for which he is not compensated as well as on days on which he earns compensation.


(n) “Special municipal employee”, a municipal employee who is not a mayor, a member of the board of aldermen, a member of the city council, or a selectman in a town with a population in excess of ten thousand persons and whose position has been expressly classified by the city council, or board of aldermen if there is no city council, or board of selectmen, as that of a special employee under the terms and provisions of this chapter; provided, however, that a selectman in a town with a population of ten thousand or fewer persons shall be a special municipal employee without being expressly so classified. All employees who hold equivalent offices, positions, employment or membership in the same municipal agency shall have the same classification; provided, however, no municipal employee shall be classified as a “special municipal employee” unless he occupies a position for which no compensation is provided or which, by its classification in the municipal agency involved or by the terms of the contract or conditions of employment, permits personal or private employment during normal working hours, or unless he in fact does not earn compensation as a municipal employee for an aggregate of more than eight hundred hours during the preceding three hundred and sixty-five days. For this purpose compensation by the day shall be considered as equivalent to compensation for seven hours per day. A special municipal employee shall be in such status on days for which he is not compensated as well as on days on which he earns compensation. All employees of any city or town wherein no such classification has been made shall be deemed to be “municipal employees” and shall be subject to all the provisions of this chapter with respect thereto without exception.


(o) “Special state employee”, a state employee:


(1) Who is performing services or holding an office, position, employment or membership for which no compensation is provided, or


(2) Who is not an elected official and


(a) occupies a position which, by its classification in the state agency involved or by the terms of the contract or conditions of employment, permits personal or private employment during normal working hours, provided that disclosure of such classification or permission is filed in writing with the state ethics commission prior to the commencement of any personal or private employment, or


(b) in fact does not earn compensation as a state employee for an aggregate of more than eight hundred hours during the preceding three hundred and sixty-five days. For this purpose compensation by the day shall be considered as equivalent to compensation for seven hours per day. A special state employee shall be in such a status on days for which he is not compensated as well as on days on which he earns compensation.


(p) “State agency”, any department of state government including the executive, legislative or judicial, and all councils thereof and thereunder, and any division, board, bureau, commission, institution, tribunal or other instrumentality within such department, and any independent state authority, district, commission, instrumentality or agency, but not an agency of a county, city or town.


(q) “State employee”, a person performing services for or holding an office, position, employment, or membership in a state agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent or consultant basis, including members of the general court and executive council. No construction contractor nor any of their personnel shall be deemed to be a state employee or special state employee under the provisions of paragraph (o) or this paragraph as a result of participation in the engineering and environmental analysis for major construction projects either as a consultant or part of a consultant group for the commonwealth. Such contractors or personnel may be awarded construction contracts by the commonwealth and may continue with outstanding construction contracts with the commonwealth during the period of such participation; provided, that no such contractor or personnel shall directly or indirectly bid on or be awarded a contract for any construction project if they have participated in the engineering or environmental analysis thereof.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1965, c. 351; St.1966, Ex.Sess., c. 734, § 2; St.1969, c. 350, §§ 1, 2; St.1977, c. 245; St.1981, c. 430; St.1982, c. 612, §§ 1 to 4; St.1989, c. 289; St.1990, c. 192.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 2


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 2. Corrupt gifts, offers or promises to influence official acts; corruption of witnesses


(a) Whoever, directly or indirectly, corruptly gives, offers or promises anything of value to any state, county or municipal employee, or to any person who has been selected to be such an employee, or to any member of the judiciary, or who offers or promises any such employee or any member of the judiciary, or any person who has been selected to be such an employee or member of the judiciary, to give anything of value to any other person or entity, with intent


(1) to influence any official act or any act within the official responsibility of such employee or member of the judiciary or person who has been selected to be such employee or member of the judiciary, or


(2) to influence such an employee or member of the judiciary or person who has been selected to be such an employee or member of the judiciary, to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud on the commonwealth or a state, county or municipal agency, or


(3) to induce such an employee or member of the judiciary or person who has been selected to be such an employee or member of the judiciary to do or omit to do any act in violation of his lawful duty; or


(b) Whoever, being a state, county or municipal employee or a member of the judiciary or a person selected to be such an employee or member of the judiciary, directly or indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives or agrees to receive anything of value for himself or for any other person or entity, in return for


(1) being influenced in his performance of any official act or any act within his official responsibility, or


(2) being influenced to commit or aid in committing, or to collude in, or allow any fraud, or make opportunity for the commission of any fraud, on the commonwealth or on a state, county or municipal agency, or


(3) being induced to do or omit to do any acts in violation of his official duty; or


(c) Whoever, directly or indirectly, corruptly gives, offers or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person or any other person as a witness upon a trial, or other proceeding, before any court, any committee of either house or both houses of the general court, or any agency, commission or officer authorized by the laws of the commonwealth to hear evidence or take testimony, or with intent to influence such witness to absent himself therefrom; or


(d) Whoever, directly or indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives or agrees to receive anything of value for himself or for any other person or entity in return for influence upon the testimony under oath or affirmation of himself or any other person as a witness upon any such trial, hearing or other proceeding or in return for the absence of himself or any other person therefrom;--shall be punished by a fine of not more than $100,000, or by imprisonment in the state prison for not more than 10 years, or in a jail or house of correction for not more than 2 1/2 years, or both; and in the event of final conviction shall be incapable of holding any office of honor, trust or profit under the commonwealth or under any state, county or municipal agency.


Clauses (c) and (d) shall not be construed to prohibit the payment or receipt of witness fees provided by law or the payment by the party upon whose behalf a witness is called and receipt by a witness of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing or proceeding, or, in the case of expert witnesses, involving a technical or professional opinion, a reasonable fee for time spent in the preparation of such opinion, in appearing or testifying.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1964, c. 287; St.2009, c. 28, § 61, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 3


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 3. Gifts, offers or promises for acts performed or to be performed; corruption of witnesses; solicitation of gifts; witness fees; regulations


(a) Whoever knowingly, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly, gives, offers or promises anything of substantial value to any present or former state, county or municipal employee or to any member of the judiciary, or to any person selected to be such an employee or member of the judiciary: (i) for or because of any official act performed or to be performed by such an employee or member of the judiciary or person selected to be such an employee or member of the judiciary; or (ii) to influence, or attempt to influence, an official action of the state, county or municipal employee or to any member of the judiciary; or


(b) Whoever knowingly, being a present or former state, county or municipal employee or member of the judiciary, or person selected to be such an employee or member of the judiciary, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly, asks, demands, exacts, solicits, seeks, accepts, receives or agrees to receive anything of substantial value: (i) for himself for or because of any official act or act within his official responsibility performed or to be performed by him; or (ii) to influence, or attempt to influence, him in an official act taken; or


(c) Whoever knowingly, directly or indirectly, gives, offers or promises anything of substantial value to any person, for or because of testimony under oath or affirmation given or to be given by such person or any other person as a witness upon a trial, hearing or other proceeding, before any court, any committee of either house or both houses of the general court, or any agency, commission or officer authorized by the laws of the commonwealth to hear evidence or take testimony or for or because of his absence therefrom; or


(d) Whoever knowingly, directly or indirectly, asks, demands, exacts, solicits, seeks, accepts, receives or agrees to receive anything of substantial value for himself for or because of the testimony under oath or affirmation given or to be given by him or any other person as a witness upon any such trial, hearing or other proceeding, or for or because of his absence therefrom; shall be punished by a fine of not more than $50,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2 years, or both.


(e) Clauses (c) and (d) shall not prohibit the payment or receipt of witness fees provided by law or the payment by the party upon whose behalf a witness is called and receipt by a witness of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing or proceeding, or, in the case of expert witnesses, involving a technical or professional opinion, a reasonable fee for time spent in the preparation of such opinion, in appearing or testifying.


(f) The state ethics commission shall adopt regulations: (i) defining “substantial value,” ; provided, however, that “substantial value” shall not be less than $50; (ii) establishing exclusions for ceremonial gifts; (iii) establishing exclusions for gifts given solely because of family or friendship; and (iv) establishing additional exclusions for other situations that do not present a genuine risk of a conflict or the appearance of a conflict of interest.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.2009, c. 28, § 62, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 4


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 4. Other compensation; offer, gift, receipt or request; acting as agent or attorney for other than state; legislators; special state employees


(a) No state employee shall otherwise than as provided by law for the proper discharge of official duties, directly or indirectly receive or request compensation from anyone other than the commonwealth or a state agency, in relation to any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest.


(b) No person shall knowingly, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly give, promise or offer such compensation.


(c) No state employee shall, otherwise than in the proper discharge of his official duties, act as agent or attorney for anyone other than the commonwealth or a state agency for prosecuting any claim against the commonwealth or a state agency, or as agent or attorney for anyone in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest.


Whoever violates any provision of this section shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2 years, or both.


Neither a member of the general court nor a member of the executive council shall be subject to paragraphs (a) or (c). However, no member of the general court or executive council shall personally appear for any compensation other than his legislative or executive council salary before any state agency, unless:


(1) the particular matter before the state agency is ministerial in nature; or


(2) the appearance is before a court of the commonwealth; or


(3) the appearance is in a quasi-judicial proceeding.


For the purposes of this paragraph, ministerial functions include, but are not limited to, the filing or amendment of: tax returns, applications for permits or licenses, incorporation papers, or other documents. For the purposes of this paragraph, a proceeding shall be considered quasi-judicial if:


(1) the action of the state agency is adjudicatory in nature; and


(2) the action of the state agency in appealable to the courts; and


(3) both sides are entitled to representation by counsel and such counsel is neither the attorney general nor the counsel for the state agency conducting the proceeding.


A special state employee shall be subject to paragraphs (a) and (c) only in relation to a particular matter (a) in which he has at any time participated as a state employee, or (b) which is or within one year has been a subject of his official responsibility, or (c) which is pending in the state agency in which he is serving. Clause (c) of the preceding sentence shall not apply in the case of a special state employee who serves on no more than sixty days during any period of three hundred and sixty-five consecutive days.


This section shall not prevent a state employee from taking uncompensated action, not inconsistent with the faithful performance of his duties, to aid or assist any person who is the subject of disciplinary or other personnel administration proceedings with respect to those proceedings.


This section shall not prevent a state employee, including a special employee, from acting, with or without compensation, as agent or attorney for or otherwise aiding or assisting members of his immediate family or any person for whom he is serving as guardian, executor, administrator, trustee or other personal fiduciary except in those matters in which he has participated or which are the subject of his official responsibility; provided, that the state official responsible for appointment to his position approves.


This section shall not prevent a present or former special state employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the commonwealth; provided, that the head of the special state employee's department or agency has certified in writing that the interest of the commonwealth requires such aid or assistance and the certification has been filed with the state ethics commission.


This section shall not prevent a state employee from giving testimony under oath or making statements required to be made under penalty for perjury or contempt.


This section shall not prohibit a state employee from holding an elective or appointive office in a city, town or district, nor in any way prohibit such an employee from performing the duties of or receiving the compensation provided for such office. No such elected or appointed official may vote or act on any matter which is within the purview of the agency by which he is employed or over which such employee has official responsibility.


This section shall not prevent a state employee, other than an employee in the department of revenue, from requesting or receiving compensation from anyone other than the commonwealth in relation to the filing or amending of state tax returns.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, §§ 4, 5; St.1980, c. 10, § 1; St.1982, c. 143; St.2007, c. 204, §§ 1 to 3, eff. Feb. 27, 2008; St.2009, c. 28, § 63, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 5


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 5. Former state employees; acting as agent or attorney or receiving compensation; partners of state employees or legislators


(a) A former state employee who knowingly acts as agent or attorney for, or receives compensation directly or indirectly from anyone other than the commonwealth or a state agency, in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest and in which he participated as a state employee while so employed, or


(b) a former state employee who, within one year after his last employment has ceased, appears personally before any court or agency of the commonwealth as agent or attorney for anyone other than the commonwealth in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest and which was under his official responsibility as a state employee at any time within a period of two years prior to the termination of his employment, or


(b   1/2 ) A former state, county or municipal employee who participated as such in general legislation on expanded gaming in the commonwealth or in the implementation, administration or enforcement of chapter 23K, and who becomes an officer or employee of, or who acquires a financial interest in, an applicant for a gaming license or a gaming licensee under said chapter 23K within one year after his last state, county or municipal employment has ceased, or


(c) a partner of a former state employee who knowingly engages, during a period of one year following the termination of the latter's employment by the commonwealth, in any activity in which the former state employee is himself prohibited from engaging in by clause (a), or


(d) a partner of a state employee who knowingly acts as agent or attorney for anyone other than the commonwealth in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest and in which the state employee participates or has participated as a state employee or which is the subject of his official responsibility, or


(e) a former state employee or elected official, including a former member of the general court, who acts as legislative or executive agent, as defined in section thirty-nine of chapter three, for anyone other than the commonwealth or a state agency before the governmental body, as determined by the state ethics commission with which he has been associated, within one year after he leaves that body or


(f) a former state employee whose salary was not less than that in step one of job group M-VII in the management salary schedule in section forty-six C of chapter thirty, and who becomes an officer or employee of a business organization which is or was a party to any privatization contract as defined in section fifty-three of chapter seven in which contract he participated as such state employee, if he becomes such officer or employee while the business organization is such a party or within one year after he terminates his state employment, unless before the termination of his state employment the governor determines, in a writing filed with the state ethics commission, that such participation did not significantly affect the terms or implementation of such contract, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2 years, or both.


If a partner of a member of the general court or of a special state employee or of a former state employee is also a member of another partnership in which the member of the general court or special or former employee has no interest, the activities of the latter partnership in which the member of the general court or special or former employee takes no part shall not thereby be subject to clause (c) or (d).


This section shall not prevent a present or former special state employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the commonwealth; provided, that the head of the special state employee's department or agency has certified in writing that the interest of the commonwealth requires such aid or assistance and the certification has been filed with the state ethics commission.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, §§ 6 to 8; St.1986, c. 557, § 191; St.1993, c. 296, § 2; St.2009, c. 28, §§ 64 to 66, eff. Sept. 29, 2009; St.2011, c. 194, § 49, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 6


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 6. Financial interest of state employee, relative or associates; disclosure


(a) Except as permitted by this section, any state employee who participates as such employee in a particular matter in which to his knowledge he, his immediate family or partner, a business organization in which he is serving as officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2  years, or both.


Any state employee whose duties would otherwise require him to participate in such a particular matter shall advise the official responsible for appointment to his position and the state ethics commission of the nature and circumstances of the particular matter and make full disclosure of such financial interest, and the appointing official shall thereupon either


(1) assign the particular matter to another employee; or


(2) assume responsibility for the particular matter; or


(3) make a written determination that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the commonwealth may expect from the employee, in which case it shall not be a violation for the employee to participate in the particular matter. Copies of such written determination shall be forwarded to the state employee and filed with the state ethics commission by the person who made the determination. Such copy shall be retained by the commission for a period of six years.


<[ There is no subsection (b).]>


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 9; St.2009, c. 28, § 67, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 6A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 6A. Conflict of interest of public official; reporting requirement


Any public official, as defined by section one of chapter two hundred and sixty-eight B, who in the discharge of his official duties would be required knowingly to take an action which would substantially affect such official's financial interests, unless the effect on such an official is no greater than the effect on the general public, shall file a written description of the required action and the potential conflict of interest with the state ethics commission established by said chapter two hundred and sixty-eight B.


CREDIT(S)


Added by St.1978, c. 210, § 10. Amended by St.1984, c. 189, § 163.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 6B


Effective: July 1, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 6B. Candidates for employment as state employee; disclosure of relation to state employee


Each candidate for employment as a state employee shall be required by the hiring authority as part of the application process to disclose, in writing, the names of any state employee who is related to the candidate as: spouse, parent, child or sibling or the spouse of the candidate's parent, child or sibling.


The contents of a disclosure received under this section from an employee when such employee was a candidate shall be considered public records under section 7 of chapter 4 and chapter 66.


All disclosures made by applicants hired by a state agency shall be made available for public inspection to the extent permissible by law by the official with whom such disclosure has been filed.


CREDIT(S)


Added by St.2011, c. 93, § 118, eff. July 1, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 7


Effective: November 5, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 7. Financial interest in contracts of state agency; application of section


A state employee who has a financial interest, directly or indirectly, in a contract made by a state agency, in which the commonwealth or a state agency is an interested party, of which interest he has knowledge or has reason to know, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2 years, or both.


This section shall not apply if such financial interest consists of the ownership of less than one per cent of the stock of a corporation.


This section shall not apply (a) to a state employee who in good faith and within thirty days after he learns of an actual or prospective violation of this section makes full disclosure of his financial interest to the contracting agency and terminates or disposes of the interest, or (b) to a state employee other than a member of the general court who is not employed by the contracting agency or an agency which regulates the activities of the contracting agency and who does not participate in or have official responsibility for any of the activities of the contracting agency, if the contract is made after public notice or where applicable, through competitive bidding, and if the state employee files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family in the contract, and if in the case of a contract for personal services (1) the services will be provided outside the normal working hours of the state employee, (2) the services are not required as part of the state employee's regular duties, the employee is compensated for not more than five hundred hours during a calendar year, and (3) the head of the contracting agency makes and files with the state ethics commission a written certification that no employee of that agency is available to perform those services as a part of their regular duties, or (c) to the interest of a member of the general court in a contract made by an agency other than the general court or either branch thereof, if his direct and indirect interests and those of his immediate family in the corporation or other commercial entity with which the contract is made do not in the aggregate amount to ten per cent of the total proprietary interests therein, and the contract is made through competitive bidding and he files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family or (d) to a special state employee who does not participate in or have official responsibility for any of the activities of the contracting agency and who files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family in the contract, or (e) to a special state employee who files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family in the contract, if the governor with the advice and consent of the executive council exempts him.


This section shall not apply to a state employee who provides services or furnishes supplies, goods and materials to a recipient of public assistance, provided that such services or such supplies, goods and materials are provided in accordance with a schedule of charges promulgated by the department of transitional assistance or the division of health care policy and finance and provided, further, that such recipient has the right under law to choose and in fact does choose the person or firm that will provide such services or furnish such supplies, goods and materials.


This section shall not prohibit a state employee from teaching or performing other related duties in an educational institution of the commonwealth; provided, that such employee does not participate in, or have official responsibility for, the financial management of such educational institution; and provided, further, that such employee is so employed on a part-time basis. Such employee may be compensated for such services, notwithstanding the provisions of section twenty-one of chapter thirty.


This section shall not prohibit a state employee from being employed on a part-time basis by a facility operated or designed for the care of mentally ill or mentally retarded persons, public health, correctional facility or any other facility principally funded by the state which provides similar services and which operates on an uninterrupted and continuous basis; provided that such employee does not participate in, or have official responsibility for, the financial management of such facility, that he is compensated for such part-time employment for not more than four hours in any day in which he is otherwise compensated by the commonwealth, and at a rate which does not exceed that of a state employee classified in step one of job group XX of the general salary schedule contained in section forty-six of chapter thirty, and that the head of the facility makes and files with the state ethics commission a written certification that there is a critical need for the services of the employee. Such employee may be compensated for such services, notwithstanding the provisions of section twenty-one of chapter thirty.


This section shall not preclude an officer or employee of the Massachusetts Port Authority from eligibility for any residential sound insulation program or the bayswater environmental program provided that the officer or employee has no responsibility for the administration for that program from which he is to receive the benefit.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1968, c. 446; St.1978, c. 210, § 11; St.1980, c. 303; St.1982, c. 612, §§ 5 to 7; St.1986, c. 599, § 53; St.1990, c. 487, § 1; St.1993, c. 301, § 1; St.1998, c. 161, § 556; St.2009, c. 28, § 68, eff. Sept. 29, 2009; St.2010, c. 264, § 1, eff. Nov. 5, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 8


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 8. Public building or construction contracts


No state, county or municipal employee and no person acting or purporting to act on behalf of such employee, or any state, county or municipal agency, shall with respect to any public building or construction contract which is about to be or which has been competitively bid, require the bidder to make application to or furnish financial data to, or to obtain, or procure, any of the surety bonds or insurance specified in connection with such contract or specified by any law from any particular insurance or surety company, agent, or broker. This section shall not prevent the exercise by such employee on behalf of a state, county, or municipal agency of its right to approve the form, sufficiency, or manner of execution of the surety bonds and insurance furnished by the insurance or surety company selected by the bidder to underwrite said insurance and bonds. Any provisions in any invitation for bids, or in any of the contract documents, in conflict with this section are hereby declared to be contrary to the public policy of this commonwealth. Whoever violates any provision of this section shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2 years, or both.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.2009, c. 28, § 69, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 8A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 8A. Members of state commissions or boards; prohibited appointments to other positions


No member of a state commission or board shall be eligible for appointment or election by the members of such commission or board to any office or position under the supervision of such commission or board. No former member of such commission or board shall be so eligible until the expiration of thirty days from the termination of his service as a member of such commission or board.


CREDIT(S)


Added by St.1964, c. 314.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 8B


Effective: April 15, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 8B. Members of commonwealth utilities commission; prohibited lobbying activities


No member of the commonwealth utilities commission, appointed pursuant to section 2 of chapter 25, or the commissioner of telecommunications and cable shall, within one year after his service has ceased or terminated on said commission, be employed by, or lobby said commission on behalf of, any company or regulated industry over which said commission had jurisdiction during the tenure of such member of the commission.


CREDIT(S)


Added by St.1997, c. 164, § 291. Amended by St.2008, c. 522, §§ 46, 47, eff. April 15, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 9


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 9. Avoiding, rescinding or canceling state agency actions resulting from violations of chapter; restitution and damages


(a) In addition to any other remedies provided by law, any violation of sections 2 to 8, inclusive, or section 23 which has substantially influenced the action taken by any state agency in any particular matter, shall be grounds for avoiding, rescinding or canceling the action on such terms as the interests of the commonwealth and innocent third persons shall require.


(b) In addition to the remedies set forth in subsection (a), the state ethics commission upon a finding pursuant to an adjudicatory proceeding that a person has acted to his economic advantage in violation of sections 2 to 8, inclusive, or section 23, may issue an order: (1) requiring the violator to pay the commission on behalf of the commonwealth damages in the amount of the economic advantage or $500, whichever is greater; and (2) requiring the violator to make restitution to an injured third party. If there has been no final criminal judgment of conviction or acquittal of the same violation, upon receipt of the written approval of the attorney general, the commission may order payment of additional damages in an amount not exceeding twice the amount of the economic advantage or $500, and payment of such additional damages shall bar any criminal prosecution for the same violation.


The maximum damages that the commission may order a violator to pay under this section shall be $25,000. If the commission determines that the damages authorized by this section exceed $25,000, it may bring a civil action against the violator to recover such damages.


(c) The remedies authorized by this section shall be in addition to any civil penalty imposed by the state ethics commission in accordance with clause (3) of subsection (j) of section 4 of chapter 268B.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 12; St.2009, c. 28, § 70, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 10. Opinions of state ethics commission


The state ethics commission shall issue opinions interpreting the requirements of this chapter in accordance with clause (g) of section three of chapter two hundred and sixty-eight B.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 13; St.1984, c. 189, § 164.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 11


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 11. County employees; receiving or requesting compensation from, or acting as agent or attorney for other than county agency


(a) No county employee shall, otherwise than as provided for the proper discharge of official duties, directly or indirectly receive or request compensation from anyone other than a county or a county agency in relation to any particular matter in which a county agency is a party or has a direct and substantial interest.


(b) No person shall knowingly, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly give, promise or offer such compensation.


(c) No county employee shall, otherwise than as provided by law for the proper discharge of official duties, act as agent or attorney for anyone other than a county or a county agency in prosecuting any claim against a county or county agency, or as agent or attorney for anyone in connection with any particular matter in which a county or county agency is a party or has a direct and substantial interest.


Whoever violates any provision of this section shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2  years, or both.


A county employee shall be subject to paragraphs (a) and (c) only in relation to the county of which he is an employee. A special county employee shall be subject to said paragraphs (a) and (c) only in relation to a particular matter (a) in which he has at any time participated as a county employee, or (b) which is or within one year has been a subject of his official responsibility, or (c) which is pending in the county agency in which he is serving. Clause (c) of the preceding sentence shall not apply in the case of a county employee who serves on no more than sixty days during any period of three hundred and sixty-five consecutive days.


This section shall not prevent a county employee from taking uncompensated action, not inconsistent with the faithful performance of his duties, to aid or assist any person who is the subject of disciplinary or other personnel administration proceedings with respect to those proceedings.


This section shall not prevent a county employee, including a special employee, from acting, with or without compensation, as agent or attorney for or otherwise aiding or assisting members of his immediate family or any person for whom he is serving as guardian, executor, administrator, trustee or other personal fiduciary except in those matters in which he has participated or which are the subject of his official responsibility; provided, that the state or county official responsible for appointment to his position approves.


This section shall not prevent a present or former special county employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the county; provided, that the head of the special county employee's department or agency has certified in writing that the interest of the county requires such aid or assistance and the certification has been filed with the state ethics commission. The certification shall be open to public inspection.


This section shall not prevent a county employee from giving testimony under oath or making statements required to be made under penalty for perjury or contempt.


This section shall not prohibit a county employee from holding an elective or appointive office in a city, town or district nor in any way prohibit such an employee from performing the duties or receiving the compensation provided for such office. No such elected or appointed official may vote or act on any matter which is within the purview of the agency by which he is employed or over which such employee has official responsibility.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 14; St.1980, c. 10, § 2; St.1982, c. 612, § 8; St.2009, c. 28, § 71, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 12


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 12. Former county employees; acting as attorney or receiving compensation from other than county; partners of employees or former employees or legislators


(a) A former county employee who knowingly acts as agent or attorney for or receives compensation directly or indirectly from anyone other than a county or a county agency in connection with any particular matter in which the county or a county agency of the same county is a party or has a direct and substantial interest and in which he participated as a county employee while so employed, or


(b) A former county employee who, within one year after his last employment has ceased, appears personally before any agency of the county as agent or attorney for anyone other than the county in connection with any particular matter in which the county or a county agency of the same county is a party or has a direct and substantial interest and which was under his official responsibility as a county employee at any time within a period of two years prior to the termination of his employment, or


(c) A partner of a former county employee who knowingly engages, during a period of one year following the termination of the latter's employment by the county, in any activity in which the former county employee is himself prohibited from engaging by clause (a), or


(d) A partner of a county employee who knowingly acts as agent or attorney for anyone other than the county in connection with any particular matter in which the county or a county agency of the same county is a party or has a direct and substantial interest and in which the county employee participates or has participated as a county employee or which is the subject of his official responsibility, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2 years, or both.


If a partner of a special county employee or of a former county employee is also a member of another partnership in which the special or former employee has no interest, activities of the latter partnership in which the special or former employee takes no part shall not thereby be subject to clause (c) or (d).


This section shall not prevent a present or former special county employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the county; provided, that the head of the special county employee's department or agency has certified in writing that the interest of the county requires such aid or assistance and the certification has been filed with the state ethics commission. The certification shall be open to public inspection.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 15; St.1982, c. 612, § 9; St.2009, c. 28, § 72, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 13


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 13. Financial interest of county employee, relatives or associates; disclosure


(a) Except as permitted by paragraph (b), a county employee who participates as such an employee in a particular matter in which to his knowledge he, his immediate family or partner, a business organization which he is serving as officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2 years, or both.


(b) Any county employee whose duties would otherwise require him to participate in such a particular matter shall advise the official responsible for appointment to his position and the state ethics commission of the nature and circumstances of the particular matter and make full disclosure of such financial interest, and the appointing official shall thereupon either


(1) assign the particular matter to another employee; or


(2) assume responsibility for the particular matter; or


(3) make a written determination that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the county may expect from the employee, in which case it shall not be a violation for the employee to participate in the particular matter. Copies of such written determination shall be forwarded to the county employee and filed with the state ethics commission by the person who made the determination. Such copy shall be retained by the commission for a period of six years.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 16; St.2009, c. 28, § 73, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 14


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 14. County employees; financial interest in contracts of county agency


A county employee who has a financial interest, directly or indirectly, in a contract made by a county agency of the same county, in which the county or a county agency is an interested party of which financial interest he has knowledge or has reason to know, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2 years, or both.


This section shall not apply if such financial interest consists of the ownership of less than one per cent of the stock of a corporation.


This section shall not apply (a) to a county employee who in good faith and within thirty days after he learns of an actual or prospective violation of this section makes full disclosure of his financial interest to the contracting agency and terminates or disposes of the interest, or (b) to a county employee who does not participate in or have official responsibility for any of the activities of the contracting agency, if the contract is made through competitive bidding and his direct and indirect interests and those of his immediate family in the corporation or other commercial entity with which the contract is made do not in the aggregate amount to ten per cent of the total proprietary interests therein, or (c) to a special county employee who does not participate in or have official responsibility for any of the activities of the contracting agency and who files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family in the contract, if the county commissioners approve the exemption of his interest from this section.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 17; St.1982, c. 612, § 10; St.2009, c. 28, § 74, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 15


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 15. Avoiding, rescinding or canceling county agency actions resulting from violations of chapter; restitution and damages


(a) In addition to any other remedies provided by law, a violation of section 2, 3, 8, or sections 11 to 14, inclusive, or section 23 which has substantially influenced the action taken by any county agency in any particular matter, shall be grounds for avoiding, rescinding, or canceling the action on such terms as the interests of the county and innocent third persons shall require.


(b) In addition to the remedies set forth in subsection (a), the commission may, upon a finding pursuant to an adjudicatory proceeding that a person has acted to his economic advantage in violation of section 2, 3, 8, sections 11 to 14, inclusive, or section 23, issue an order (1) requiring the violator to pay the commission on behalf of the county damages in the amount of the economic advantage or $500, whichever is greater; and (2) requiring the violator to make restitution to an injured third party. If there has been no final criminal judgment of conviction or acquittal of the same violation, upon receipt of the written approval of the attorney general and the district attorney, the commission may order payment of additional damages in an amount not exceeding twice the amount of the economic advantage or $500, and payment of such additional damages shall bar any criminal prosecution for the same violation.


The maximum damages that the commission may order a violator to pay under this section shall be $25,000. If the commission determines that the damages authorized by this section exceed $25,000, it may bring a civil action against the violator to recover such damages.


(c) The remedies authorized by this section shall be in addition to any civil penalty imposed by the commission in accordance with clause (3) of subsection (j) of section 4 of chapter 268B.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1978, c. 210, § 18; St.2009, c. 28, § 75, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 15A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 15A. Members of county commission or board; restrictions on appointments to certain positions


No member of a county commission or board shall be eligible for appointment or election by the members of such commission or board to any office or position under the supervision of such commission or board. No former member of such commission or board shall be so eligible until the expiration of thirty days from the termination of his service as a member of such commission or board.


CREDIT(S)


Added by St.1967, c. 887, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 16. Repealed, 1978, 210, Sec. 19



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 17


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 17. Municipal employees; gift or receipt of compensation from other than municipality; acting as agent or attorney


(a) No municipal employee shall, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly receive or request compensation from anyone other than the city or town or municipal agency in relation to any particular matter in which the same city or town is a party or has a direct and substantial interest.


(b) No person shall knowingly, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly give, promise or offer such compensation.


(c) No municipal employee shall, otherwise than in the proper discharge of his official duties, act as agent or attorney for anyone other than the city or town or municipal agency in prosecuting any claim against the same city or town, or as agent or attorney for anyone in connection with any particular matter in which the same city or town is a party or has a direct and substantial interest.


Whoever violates any provision of this section shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2 years, or both.


A special municipal employee shall be subject to paragraphs (a) and (c) only in relation to a particular matter (a) in which he has at any time participated as a municipal employee, or (b) which is or within one year has been a subject of his official responsibility, or (c) which is pending in the municipal agency in which he is serving. Clause (c) of the preceding sentence shall not apply in the case of a special municipal employee who serves on no more than sixty days during any period of three hundred and sixty-five consecutive days.


This section shall not prevent a municipal employee from taking uncompensated action, not inconsistent with the faithful performance of his duties, to aid or assist any person who is the subject of disciplinary or other personnel administration proceedings with respect to those proceedings.


This section shall not prevent a municipal employee, including a special employee, from acting, with or without compensation, as agent or attorney for or otherwise aiding or assisting members of his immediate family or any person for whom he is serving as guardian, executor, administrator, trustee or other personal fiduciary except in those matters in which he has participated or which are the subject of his official responsibility; provided, that the official responsible for appointment to his position approves.


This section shall not prevent a present or former special municipal employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the city or town; provided, that the head of the special municipal employee's department or agency has certified in writing that the interest of the city or town requires such aid or assistance and the certification has been filed with the clerk of the city or town. The certification shall be open to public inspection.


This section shall not prevent a municipal employee from giving testimony under oath or making statements required to be made under penalty for perjury or contempt.


This section shall not prevent a municipal employee from applying on behalf of anyone for a building, electrical, wiring, plumbing, gas fitting or septic system permit, nor from receiving compensation in relation to any such permit, unless such employee is employed by or provides services to the permit-granting agency or an agency that regulates the activities of the permit-granting agency.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1998, c. 100; St.2009, c. 28, § 76, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 18


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 18. Former municipal employee; acting as attorney or receiving compensation; from other than municipality; partners


(a) A former municipal employee who knowingly acts as agent or attorney for or receives compensation, directly or indirectly from anyone other than the same city or town in connection with any particular matter in which the city or town is a party or has a direct and substantial interest and in which he participated as a municipal employee while so employed, or (b) a former municipal employee who, within one year after his last employment has ceased, appears personally before any agency of the city or town as agent or attorney for anyone other than the city or town in connection with any particular matter in which the same city or town is a party or has a direct and substantial interest and which was under his official responsibility as a municipal employee at any time within a period of two years prior to the termination of his employment, or (c) a partner of a former municipal employee who knowingly engages, during a period of one year following the termination of the latter's employment by the city or town, in any activity in which the former municipal employee is himself prohibited from engaging by clause (a), or (d) a partner of a municipal employee who knowingly acts as agent or attorney for anyone other than the city or town in connection with any particular matter in which the same city or town is a party or has a direct and substantial interest and in which the municipal employee participates or has participated as a municipal employee or which is the subject of his official responsibility, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2 years, or both.


If a partner of a former municipal employee or of a special municipal employee is also a member of another partnership in which the former or special employee has no interest, the activities of the latter partnership in which the former or special employee takes no part shall not thereby be subject to clause (c) or (d).


Notwithstanding the provisions of clause (b), a former town counsel who acted in such capacity on a salary or retainer of less than two thousand dollars per year shall be prohibited from appearing personally before any agency of the city or town as agent or attorney for anyone other than the city or town only in connection with any particular matter in which the same city or town is a party or has a direct and substantial interest and in which he participated while so employed.


This section shall not prevent a present or former special municipal employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the city or town; provided, that the head of the special municipal employee's department or agency has certified in writing that the interest of the city or town requires such aid or assistance and the certification has been filed with the clerk of the city or town. The certification shall be open to public inspection.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.2009, c. 28, § 77, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 19


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 19. Municipal employees, relatives or associates; financial interest in particular matter


(a) Except as permitted by paragraph (b), a municipal employee who participates as such an employee in a particular matter in which to his knowledge he, his immediate family or partner, a business organization in which he is serving as officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2  years, or both.


(b) It shall not be a violation of this section (1) if the municipal employee first advises the official responsible for appointment to his position of the nature and circumstances of the particular matter and makes full disclosure of such financial interest, and receives in advance a written determination made by that official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from the employee, or (2) if, in the case of an elected municipal official making demand bank deposits of municipal funds, said official first files, with the clerk of the city or town, a statement making full disclosure of such financial interest, or (3) if the particular matter involves a determination of general policy and the interest of the municipal employee or members of his immediate family is shared with a substantial segment of the population of the municipality.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1965, c. 395; St.1982, c. 612, § 11; St.2009, c. 28, § 78, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 20


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 20. Municipal employees; financial interest in contracts; holding one or more elected positions


(a) A municipal employee who has a financial interest, directly or indirectly, in a contract made by a municipal agency of the same city or town, in which the city or town is an interested party of which financial interest he has knowledge or has reason to know, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2 years, or both.


This section shall not apply if such financial interest consists of the ownership of less than one per cent of the stock of a corporation.


This section shall not apply (a) to a municipal employee who in good faith and within thirty days after he learns of an actual or prospective violation of this section makes full disclosure of his financial interest to the contracting agency and terminates or disposes of the interest, or (b) to a municipal employee who is not employed by the contracting agency or an agency which regulates the activities of the contracting agency and who does not participate in or have official responsibility for any of the activities of the contracting agency, if the contract is made after public notice or where applicable, through competitive bidding, and if the municipal employee files with the clerk of the city or town a statement making full disclosure of his interest and the interest of his immediate family, and if in the case of a contract for personal services (1) the services will be provided outside the normal working hours of the municipal employee, (2) the services are not required as part of the municipal employee's regular duties, the employee is compensated for not more than five hundred hours during a calendar year, (3) the head of the contracting agency makes and files with the clerk of the city or town a written certification that no employee of that agency is available to perform those services as part of their regular duties, and (4) the city council, board of selectmen or board of aldermen approve the exemption of his interest from this section, or (c) to a special municipal employee who does not participate in or have official responsibility for any of the activities of the contracting agency and who files with the clerk of the city or town a statement making full disclosure of his interest and the interests of his immediate family in the contract, or (d) to a special municipal employee who files with the clerk of the city, town or district a statement making full disclosure of his interest and the interests of his immediate family in the contract, if the city council or board of aldermen, if there is no city council, board of selectmen or the district prudential committee, approve the exemption of his interest from this section, or (e) to a municipal employee who receives benefits from programs funded by the United States or any other source in connection with the rental, improvement, or rehabilitation of his residence to the extent permitted by the funding agency, or (f) to a municipal employee if the contract is for personal services in a part time, call or volunteer capacity with the police, fire, rescue or ambulance department of a fire district, town or any city with a population of less than thirty-five thousand inhabitants; provided, however, that the head of the contracting agency makes and files with the clerk of the city, district or town a written certification that no employee of said agency is available to perform such services as part of his regular duties, and the city council, board of selectmen, board of aldermen or district prudential committee approve the exemption of his interest from this section or (g) to a municipal employee who has applied in the usual course and is otherwise eligible for a housing subsidy program administered by a local housing authority, unless the employee is employed by the local housing authority in a capacity in which he has responsibility for the administration of such subsidy programs or (h) to a municipal employee who is the owner of residential rental property and rents such property to a tenant receiving a rental subsidy administered by a local housing authority, unless such employee is employed by such local housing authority in a capacity in which he has responsibility for the administration of such subsidy programs.


This section shall not prohibit an employee or an official of a town from holding the position of selectman in such town nor in any way prohibit such employee from performing the duties of or receiving the compensation provided for such office; provided, however, that such selectman shall not, except as hereinafter provided, receive compensation for more than one office or position held in a town, but shall have the right to choose which compensation he shall receive; provided, further, that no such selectman may vote or act on any matter which is within the purview of the agency by which he is employed or over which he has official responsibility; and, provided further, that no such selectman shall be eligible for appointment to any such additional position while he is still a member of the board of selectmen or for six months thereafter. Any violation of the provisions of this paragraph which has substantially influenced the action taken by any municipal agency in any matter shall be grounds for avoiding, rescinding or cancelling the action on such terms as the interest of the municipality and innocent third parties may require.


This section shall not prohibit any elected official in a town, whether compensated or uncompensated for such elected position, from holding one or more additional elected positions, in such town, whether such additional elected positions are compensated or uncompensated.


This section shall not prohibit an employee of a municipality with a city or town council form of government from holding the elected office of councillor in such municipality, nor in any way prohibit such an employee from performing the duties of or receiving the compensation provided for such office; provided, however, that no such councillor may vote or act on any matter which is within the purview of the agency by which he is employed or over which he has official responsibility; and provided, further, that no councillor shall be eligible for appointment to such additional position while a member of said council or for six months thereafter. Any violation of the provisions of this paragraph which has substantially influenced the action taken by a municipal agency in any matter shall be grounds for avoiding, rescinding or cancelling such action on such terms as the interest of the municipality and innocent third parties require. No such elected councillor shall receive compensation for more than one office or position held in a municipality, but shall have the right to choose which compensation he shall receive.


This section shall not prohibit an employee of a housing authority in a municipality from holding any elective office, other than the office of mayor, in such municipality nor in any way prohibit such employee from performing the duties of or receiving the compensation provided for such office; provided, however, that such elected officer shall not, except as otherwise expressly provided, receive compensation for more than one office or position held in a municipality, but shall have the right to choose which compensation he shall receive; provided further that no such elected official may vote or act on any matter which is within the purview of the housing authority by which he is employed; and provided further that no such elected official shall be eligible for appointment to any such additional position while he is still serving in such elective office or for six months thereafter. Any violation of the provisions of this paragraph which has substantially influenced the action taken by the housing authority in any matter shall be grounds for avoiding, rescinding, or cancelling the action on such terms as the interest of the municipality and innocent third parties may require.


This section shall not prohibit an employee in a town having a population of less than three thousand five hundred persons from holding more than one appointed position with said town, provided that the board of selectmen approves the exemption of his interest from this section.


<[ There is no subsection (b).] >


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1979, c. 135; St.1982, c. 107; St.1982, c. 612, § 12; St.1983, c. 481; St.1984, c. 459; St.1985, c. 98; St.1985, c. 252, §§ 3, 4; St.1985, c. 415; St.1987, c. 374, § 2; St.1987, c. 497; St.1989, c. 262, §§ 2, 3; St.1999, c. 7, § 3; St.2009, c. 28, § 79, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 21


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 21. Avoiding, rescinding or canceling municipal action resulting from violations of chapter; restitution and damages


(a) In addition to any other remedies provided by law, a finding by the commission pursuant to an adjudicatory proceeding that there has been any violation of sections 2, 3, 8, 17 to 20, inclusive, or section 23, which has substantially influenced the action taken by any municipal agency in any particular matter, shall be grounds for avoiding, rescinding or canceling the action of said municipal agency upon request by said municipal agency on such terms as the interests of the municipality and innocent third persons require.


(b) In addition to the remedies set forth in subsection (a), the commission may, upon a finding pursuant to an adjudicatory proceeding that a person has acted to his economic advantage in violation of sections 2, 3, 8, 17 to 20, inclusive, or section 23, may issue an order (1) requiring the violator to pay the commission on behalf of the municipality damages in the amount of the economic advantage or $500, whichever is greater; and (2) requiring the violator to make restitution to an injured third party. If there has been no final criminal judgment of conviction or acquittal of the same violation, upon receipt of the written approval of the district attorney, the commission may order payment of additional damages in an amount not exceeding twice the amount of the economic advantage or $500, and payment of such additional damages shall bar any criminal prosecution for the same violation. The maximum damages that the commission may order a violator to pay under this section shall be $25,000. If the commission determines that the damages authorized by this section exceed $25,000, it may bring a civil action against the violator to recover such damages.


(c) The remedies authorized by this section shall be in addition to any civil penalty imposed by the commission in accordance with clause (3) of subsection (j) of section 4 of chapter 268B.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1982, c. 612, § 13; St.2009, c. 28, § 80, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 21A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 21A. Members of municipal commission or board; restrictions on appointments to certain positions


Except as hereinafter provided, no member of a municipal commission or board shall be eligible for appointment or election by the members of such commission or board to any office or position under the supervision of such commission or board. No former member of such commission or board shall be so eligible until the expiration of thirty days from the termination of his service as a member of such commission or board.


The provisions of this section shall not apply to a member of a town commission or board, if such appointment or election has first been approved at an annual town meeting of the town.


CREDIT(S)


Added by St.1967, c. 887, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 21B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 21B. Prospective municipal appointees; demanding undated resignations prohibited


No mayor, city manager, or town manager shall require a prospective appointee to a board, commission or position under his jurisdiction to submit as a condition precedent to said appointment an undated resignation from said board, commission or position. Whoever violates the provisions of this section shall be punished by a fine of not more than five hundred dollars.


CREDIT(S)


Added by St.1973, c. 810.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 22


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 22. Opinions of corporation counsel, city solicitor or town counsel


Any municipal employee shall be entitled to the opinion of the corporation counsel, city solicitor or town counsel upon any question arising under this chapter relating to the duties, responsibilities and interests of such employee. All requests for such opinions by a subordinate municipal employee shall be made in confidence directly to the chief officer of the municipal agency in which he is employed, who shall in turn request in confidence such opinion of the corporation counsel, city solicitor or town counsel on behalf of such subordinate municipal employee, and all constitutional officers and chief officers or heads of municipal agencies may make direct confidential requests for such opinions on their own account. The town counsel or city solicitor shall file such opinion in writing with the city or town clerk and such opinion shall be a matter of public record; however, no opinion will be rendered by the town counsel or city solicitor except upon the submission of detailed existing facts which raise a question of actual or prospective violation of any provision of this chapter.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1964, c. 408.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 23


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 23. Supplemental provisions; standards of conduct


(a) In addition to the other provisions of this chapter, and in supplement thereto, standards of conduct, as hereinafter set forth, are hereby established for all state, county, and municipal employees.


(b) No current officer or employee of a state, county or municipal agency shall knowingly, or with reason to know:


(1) accept other employment involving compensation of substantial value, the responsibilities of which are inherently incompatible with the responsibilities of his public office;


(2) (i) solicit or receive anything of substantial value for such officer or employee, which is not otherwise authorized by statute or regulation, for or because of the officer or employee's official position; or (ii) use or attempt to use such official position to secure for such officer, employee or others unwarranted privileges or exemptions which are of substantial value and which are not properly available to similarly situated individuals;


(3) act in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that any person can improperly influence or unduly enjoy his favor in the performance of his official duties, or that he is likely to act or fail to act as a result of kinship, rank, position or undue influence of any party or person. It shall be unreasonable to so conclude if such officer or employee has disclosed in writing to his appointing authority or, if no appointing authority exists, discloses in a manner which is public in nature, the facts which would otherwise lead to such a conclusion; or


(4) present a false or fraudulent claim to his employer for any payment or benefit of substantial value.


(c) No current or former officer or employee of a state, county or municipal agency shall knowingly, or with reason to know:


(1) accept employment or engage in any business or professional activity which will require him to disclose confidential information which he has gained by reason of his official position or authority;


(2) improperly disclose materials or data within the exemptions to the definition of public records as defined by section seven of chapter four, and were acquired by him in the course of his official duties nor use such information to further his personal interest.


(d) Any activity specifically exempted from any of the prohibitions in any other section of this chapter shall also be exempt from the provisions of this section. The state ethics commission, established by chapter two hundred and sixty-eight B, shall not enforce the provisions of this section with respect to any such exempted activity.


(e) Where a current employee is found to have violated the provisions of this section, appropriate administrative action as is warranted may also be taken by the appropriate constitutional officer, by the head of a state, county or municipal agency. Nothing in this section shall preclude any such constitutional officer or head of such agency from establishing and enforcing additional standards of conduct.


(f) The state ethics commission shall adopt regulations: (i) defining substantial value; provided, however, that substantial value shall not be less than $50; (ii) establishing exclusions for ceremonial privileges and exemptions; (iii) establishing exclusions for privileges and exemptions given solely because of family or friendship; and (iv) establishing additional exclusions for other situations that do not present a genuine risk of a conflict or the appearance of a conflict of interest.


CREDIT(S)


Added by St.1962, c. 779, § 1. Amended by St.1975, c. 508; St.1982, c. 612, § 14; St.1983, c. 409; St.1986, c. 12, § 2; St.2009, c. 28, §§ 81 to 83, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 23A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 23A. Trustees of public institutions of higher learning; prohibited positions


No trustee of any public institution of higher education operated by the commonwealth shall be eligible to be appointed to or hold any other office or position with said institution for a period of three years next after the termination of his services as such trustee, or in the case of an elected student trustee at said institution, for a period of one year next after the termination of his services as such trustee; provided, however, that any such elected student trustee may accept and hold part-time employment at said institution while a student thereat, and provided further, that a trustee may be appointed to or hold an unpaid office or position with said institution after his services as such trustee.


CREDIT(S)


Added by St.1964, c. 389. Amended by St.1973, c. 775; St.1974, c. 330.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 24


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 24. Disclosures and certifications; form; public inspection


All disclosures and certifications provided for in this chapter and made in accordance with its provisions shall be made in writing and, unless otherwise specifically provided in this chapter, shall be kept open to inspection by the public by the official with whom such disclosure has been filed.


CREDIT(S)


Added by St.1962, c. 779, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 25


Effective: July 1, 2004


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 25. Suspension of persons under indictment for misconduct in office; notice; compensation and fringe benefits; temporary replacements; reinstatement


An officer or employee of a county, city, town or district, howsoever formed, including, but not limited to, regional school districts and regional planning districts, or of any department, board, commission or agency thereof may, during any period such officer or employee is under indictment for misconduct in such office or employment or for misconduct in any elective or appointive public office, trust or employment at any time held by him, be suspended by the appointing authority, whether or not such appointment was subject to approval in any manner. Notice of said suspension shall be given in writing and delivered in hand to said person or his attorney, or sent by registered mail to said person at his residence, his place of business, or the office or place of employment from which he is being suspended. Such notice so given and delivered or sent shall automatically suspend the authority of such person to perform the duties of his office or employment until he is notified in like manner that his suspension is removed. A copy of any such notice together with an affidavit of service shall be filed as follows: in the case of a county, with the clerk of the superior court of the county in which the officer or employee is employed; in the case of a city, with the city clerk; in the case of a town, with the town clerk; in the case of a regional school district, with the secretary of the regional school district; and in the case of all other districts, with the clerk of the district.


Any person so suspended shall not receive any compensation or salary during the period of suspension, nor shall the period of his suspension be counted in computing his sick leave or vacation benefits or seniority rights, nor shall any person who retires from service while under such suspension be entitled to any pension or retirement benefits, notwithstanding any contrary provisions of law, but all contributions paid by him into a retirement fund, if any, shall be returned to him, subject to section 15 of chapter 32. The employer of a person so suspended shall immediately notify the retirement system of which the person is a member of the suspension and shall notify the retirement board of the outcome of any charges brought against the individual.


A suspension under this section shall not, in any way, be used to prejudice the rights of the suspended person either civilly or criminally. During the period of any such suspension, the appointing authority may fill the position of the suspended officer or employee on a temporary basis, and the temporary officer or employee shall have all the powers and duties of the officer or employee suspended.


Any such temporary officer or employee who is appointed as a member of a board, commission or agency may be designated as chairman.


If the criminal proceedings against the person suspended are terminated without a finding or verdict of guilty on any of the charges on which he was indicted, his suspension shall be forthwith removed, and he shall receive all compensation or salary due him for the period of his suspension, and the time of his suspension shall count in determining sick leave, vacation, seniority and other rights, and shall be counted as creditable service for purposes of retirement.


CREDIT(S)


Added by St.1972, c. 257. Amended by St.2004, c. 149, § 210, eff. July 1, 2004.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 26


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 26. Penalty for violations of clause (b)(2) or (b)(4) of Sec. 23


(a) Any person who, directly or through another, with fraudulent intent, violates clause (2) or (4) of subsection (b) of section 23, or any person who, with fraudulent intent, causes any other person to violate said clauses (2) or (4) of said subsection (b) of said section 23 or with fraudulent intent offers or gives any privileges or exemptions of substantial value in violation of said clause (2) or (4) of said subsection (b) of said section 23, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2 years, or both, if the unwarranted privileges or exemptions have a fair market value in the aggregate of more than $1,000 in any 12 month period.


<[ There is no subsection (b).]>


CREDIT(S)


Added by St.2009, c. 28, § 84, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 27


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 27. Publication of summaries of Chapter 268A; filing of acknowledgment by employees


The commission shall prepare, and update as necessary, summaries of this chapter for state, county, and municipal employees, respectively, which the commission shall publish on its official website. Every state, county and municipal employee shall, within 30 days of becoming such an employee, and on an annual basis thereafter, be furnished with a summary of this chapter prepared by the commission and sign a written acknowledgment that he has been provided with such a summary. Municipal employees shall be furnished with the summary by, and file an acknowledgment with, the city or town clerk. Appointed state and county employees shall be furnished with the summary by, and file an acknowledgment with, the employee's appointing authority or his designee. Elected state and county employees shall be furnished with the summary by, and file an acknowledgment with, the commission. The commission shall establish procedures for implementing this section and ensuring compliance.


CREDIT(S)


Added by St.2009, c. 28, § 84, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 28


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 28. Online training programs


The state ethics commission shall prepare and update from time to time the following online training programs, which the commission shall publish on its official website: (1) a program which shall provide a general introduction to the requirements of this chapter; and (2) a program which shall provide information on the requirements of this chapter applicable to former state, county, and municipal employees. Every state, county, and municipal employee shall, within 30 days after becoming such an employee, and every 2 years thereafter, complete the online training program. Upon completion of the online training program, the employee shall provide notice of such completion to be retained for 6 years by the appropriate employer.


The commission shall establish procedures for implementing this section and ensuring compliance.


CREDIT(S)


Added by St.2009, c. 28, § 84, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268A § 29


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268A. Conduct of Public Officials and Employees (Refs & Annos)

§ 29. Municipal liaisons to state ethics commission


Each municipality, acting through its city council, board of selectmen, or board of aldermen, shall designate a senior level employee of the municipality as its liaison to the state ethics commission. The municipality shall notify the commission in writing of any change to such designation within 30 days of such change. The commission shall disseminate information to the designated liaisons and conduct educational seminars for designated liaisons on a regular basis on a schedule to be determined by the commission in consultation with the municipalities.


CREDIT(S)


Added by St.2009, c. 28, § 84, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 268B, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268B § 1


Effective: October 2, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 1. Definitions


Definitions.


As used in this chapter, the following words shall, unless the context clearly requires otherwise have the following meanings:


“Amount”, a category of value, rather than an exact dollar figure, as follows: greater than $1,000 but not more than $5,000; greater than $5,000 but not more than $10,000; greater than $10,000 but not more than $20,000; greater than $20,000 but not more than $40,000; greater than $40,000 but not more than $60,000; greater than $60,000 but not more than $100,000; greater than $100,000.


“Business”, any corporation, partnership, sole proprietorship, firm, franchise, association, organization, holding company, joint stock company, receivership, business or real estate trust or any other legal entity organized for profit or charitable purposes.


“Business with which he is associated”, any business in which the reporting person or a member of his immediate family is a general partner, proprietor, officer or other employee, including one who is self-employed or serves as a director, trustee or in any similar managerial capacity and any business more than 1 per cent of any class of the outstanding equity of which is beneficially owned in the aggregate by the reporting person and members of his immediate family.


“Candidate for public office”, any individual who seeks nomination or election to public office; provided, however, that, an individual shall be deemed to be seeking nomination or election to public office if he has: (1) received a political contribution or made an expenditure, or has given his consent for any other person or committee to receive a political contribution or make an expenditure, for the purpose of influencing his nomination or election to such office, whether or not the specific public office for which he will seek nomination or election is known at the time the political contribution is received or the expenditure is made; or (2) taken the action necessary under the laws of the commonwealth to qualify himself for nomination or election to such office.


“Commission”, the state ethics commission established by section 2;


“Equity”, any stock or similar ownership interest in a business.


“Executive agent”, an executive agent as defined in section 39 of chapter 3.


“Gift”, a payment, entertainment, subscription, advance, services or anything of value, unless consideration of equal or greater value is received; provided, however, that “gift” shall not include a political contribution reported as required by law, a commercially reasonable loan made in the ordinary course of business, anything of value received by inheritance or a gift received from a member of the reporting immediate family or from a relative within the third degree of consanguinity of the reporting person or of the reporting person's spouse or from the spouse of any such relative.


“Governmental body”, a state or county agency, authority, board, bureau, commission, council, department, division or other entity, including the general court and the courts of the commonwealth.


“Immediate family”, a spouse and any dependent children residing in the reporting person's household.


“Income”, income from whatever source derived, whether in the form of a fee, salary, allowance, forebearance, forgiveness, interest, dividend, royalty, rent, capital gain or any other form of recompense or any combination thereof; provided, however, that interest from savings accounts or from government obligations other than those of the commonwealth or any political subdivision thereof or any public agency or authority created by the general court, alimony and support payments, proceeds from a life insurance policy, retirement or disability benefits and social security payments shall not be considered income for the purposes of this chapter.


“Legislative agent”, a legislative agent as defined in section 39 of chapter 3.


“Major policymaking position”, the executive or administrative head of a governmental body, all members of the judiciary, any person whose salary equals or exceeds that of a state employee classified in step 1 of job group XXV of the general salary schedule contained in section 46 of chapter 30 and who reports directly to said executive or administrative head, the head of each division, bureau or other major administrative unit within such governmental body and persons exercising similar authority.


“Person”, a business, individual, corporation, union, association, firm, partnership, committee or other organization or group of persons.


“Political contribution”, a contribution of money or anything of value to an individual, candidate, political committee or person acting on behalf of an individual, candidate or political committee, for the purpose of influencing the nomination or election of the individual or candidate or for the purpose of promoting or opposing a charter change, referendum question, constitutional amendment or other question submitted to the voters and shall include any: (1) gift, subscription, loan, advance, deposit of money, or thing of value, except a loan of money to a candidate by a national or state bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business; (2) transfer of money or anything of value between political committees; (3) payment, by any person other than a candidate or political committee, or compensation for the personal services of another person which are rendered to such candidate or committee; (4) purchase from an individual, candidate or political committee, or person acting on behalf of an individual, candidate or political committee, whether through the device of tickets, advertisements, or otherwise, for fund-raising activities, including testimonials, held on behalf of said individual, candidate or political committee, to the extent that the purchase price exceeds the actual cost of the goods sold or services rendered; (5) discount or rebate not available to other candidates for the same office and to the general public; and (6) forgiveness of indebtedness or payment of indebtedness by another person; provided, however, that political contribution shall not include the rendering of services by speakers, editors, writers, poll watchers, poll checkers or others, or the payment by those rendering such services of such personal expenses as may be incidental thereto, or the exercise of ordinary hospitality.


“Public employee”, a person who holds a major policymaking position in a governmental body; provided, however, that a person who receives no compensation other than reimbursements for expenses, or any person serving on a governmental body that has no authority to expend public funds other than to approve reimbursements for expenses shall not be considered a public employee for the purposes of this chapter; provided, further, that the members of the board of bar examiners shall not be considered public employees for the purposes of this chapter.


“Public office”, a position for which one is nominated at a state primary or chosen at a state election, excluding the positions of senator and representative in congress and the office of regional district school committee member elected district-wide.


“Public official”, a person who holds a public office.


“Reporting person”, a person required to file a statement of financial interest pursuant to section 5.


CREDIT(S)


Added by St.1978, c. 210, § 20. Amended by St.1980, c. 256, § 2; St.1986, c. 557, § 192; St.1986, c. 693, § 1; St.1988, c. 10, § 11; St.1992, c. 286, § 264; St.2009, c. 28, § 85, eff. Sept. 29, 2009; St.2009, c. 105, § 1, eff. Oct. 2, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268B § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 2. State ethics commission


State ethics commission.


(a) There is established a state ethics commission composed of five members. At no time shall more than three members be from the same political party.


(b) Three members of the commission shall be appointed by the governor, one of whom shall be designated as chairman, and one member shall be appointed by the state secretary and one member shall be appointed by the attorney general. At no time shall more than two of the members to be appointed by the governor be from the same political party.


(c) Members of the commission shall serve for terms of five years.


(d) No person shall be appointed to more than one full five year term on the commission.


(e) Not less than thirty days prior to making any appointment to the commission, the appointing official shall give public notice that a vacancy on the commission exists.


(f) No member or employee of the commission shall:


(1) hold or be a candidate for any other public office while a member or employee or for one year thereafter;


(2) hold office in any political party or political committee;


(3) participate in or contribute to the political campaign of any candidate for public office.


(g) Members of the commission may be removed by a majority vote of the governor, state secretary, and attorney general, for substantial neglect of duty, inability to discharge the powers and duties of office, violation of subsection (f) of this section, gross misconduct, or conviction of a felony.


(h) Any vacancy occurring on the commission shall be filled within ninety days by the original appointing authority. A person appointed to fill a vacancy occurring other than by expiration of a term of office shall be appointed for the unexpired term of the member he succeeds, and shall be eligible for appointment to one full five year term.


(i) The commission shall elect a vice chairman. The vice chairman shall act as chairman in the absence of the chairman or in the event of a vacancy in that position.


(j) Three members of the commission shall constitute a quorum and three affirmative votes shall be required for any action or recommendation of the commission; the chairman or any three members of the commission may call a meeting; advance notice of all meetings shall be given to each member of the commission and to any other person who requests such notice;


(k) Members of the commission shall be compensated for work performed for the commission at such rate as the secretary of administration and finance shall determine, and shall be reimbursed for their expenses.


(l) The commission shall annually report to the general court and the governor concerning the action it has taken; the names and salaries and duties of all individuals in its employ and the money it has disbursed; and shall make such further reports on matters within its jurisdiction as may appear necessary;


(m) The commission shall employ an executive director, a general counsel, and, subject to appropriation, such other staff, including but not limited to clerks, accountants, and investigators, as are necessary to carry out its duties pursuant to this chapter and chapter two hundred and sixty-eight A. The staff shall serve at the pleasure of the commission and shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. The executive director shall be responsible for the administrative operation of the commission and shall perform such other tasks as the commission shall determine. The general counsel shall be the chief legal officer of the commission. The commission may employ, subject to appropriation, the services of experts and consultants necessary to carry out its duties. The colonel of state police, the state auditor, the comptroller, the attorney general, and the director of the office of campaign and political finance may make available to the commission personnel and other assistance as the commission may request.


CREDIT(S)


Added by St.1978, c. 210, § 20. Amended by St.1986, c. 557, § 193; St.1991, c. 412, § 97.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268B § 3


Effective: February 16, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 3. Powers and duties of the commission


Powers and duties of the commission.


The commission shall:


(a) prescribe and publish, pursuant to chapter 30A, rules and regulations: (1) to carry out this chapter, including rules governing the conduct of proceedings hereunder; and (2) to carry out chapter 268A; provided, however, that the rules and regulations shall be limited to providing exemptions from the provisions of sections 3 to 7, inclusive, sections 11 to 14, inclusive, sections 17 to 20, inclusive, and section 23 of said chapter 268A;


(b) prepare and publish, after giving the public an opportunity to comment, forms for the statements and reports required to be filed by this chapter and make such forms available to any and all persons required to file statements and reports pursuant to the provisions of this chapter;


(c) prepare and publish, pursuant to the provisions of chapter thirty A, methods of accounting and reporting to be used by persons required to file statements and reports by this chapter;


(d) make statements and reports filed with the commission available for public inspection and copying during regular office hours upon the written request of any individual who provides identification acceptable to the commission, including his affiliation, if any, at a charge not to exceed the actual administrative and material costs required in reproducing said statements and reports; provided, however, that the commission shall be authorized, in its discretion, to exempt from public disclosure those portions of a statement of financial interest filed pursuant to section five which contain the home address of the filer; and provided, further, that the commission shall forward a copy of said request to the person whose statement has been examined;


(e) compile and maintain an index of all reports and statements filed with the commission to facilitate public access to such reports and statements;


(f) inspect all statements of financial interests filed with the commission in order to ascertain whether any reporting person has failed to file such a statement or has filed a deficient statement. If, upon inspection, it is ascertained that a reporting person has failed to file a statement of financial interests, or if it is ascertained that any such statement filed with the commission fails to conform with the requirements of section five of this chapter, then the commission shall, in writing, notify the delinquent; such notice shall state in detail the deficiency and the penalties for failure to file a statement of financial interests;


(g) upon written request from a person who is or may be subject to the provisions of this chapter or chapter two hundred and sixty-eight A, render advisory opinions on the requirements of said chapters. An opinion rendered by the commission, until and unless amended or revoked, shall be a defense in a criminal action brought under chapter two hundred and sixty-eight A and shall be binding on the commission in any subsequent proceedings concerning the person who requested the opinion and who acted in good faith, unless material facts were omitted or misstated by the person in the request for an opinion. Such requests shall be confidential; provided, however, that the commission may publish such opinions, but the name of the requesting person and any other identifying information shall not be included in such publication unless the requesting person consents to such inclusion;


(h) preserve all statements and reports filed with the commission for a period of six years from the date of receipt;


(i) act as the primary civil enforcement agency for violations of all sections of chapter two hundred and sixty-eight A and of this chapter.


(j) on or before February first of each year the executive director of the commission shall request a list of all major policymaking positions for the governmental bodies below from the persons listed below:


(1) the house of representatives, the speaker of the house;


(2) the senate, the president of the senate;


(3) the state secretary's office, the state secretary;


(4) the attorney general's office, the attorney general;


(5) the state auditor's office, the state auditor;


(6) the treasurer and receiver general's office, the state treasurer;


(7) for each court of the commonwealth, the chief judge of such court;


(8) for each executive office in the commonwealth and all governmental bodies within such executive office, the secretary for such executive office;


(9) the governor's office, the governor;


(10) the lieutenant governor's office, the lieutenant governor;


(11) for each county, the chairman of the county commissioners;


(12) for each authority or other governmental body not covered by clauses one through eleven above, the executive or administrative head of such authority or governmental body; and such persons shall furnish such lists within sixty days. The executive director may add any position that he determines to be a major policymaking position in such governmental body to such list. Any person aggrieved by such action of the executive director may appeal such action to the commission.


CREDIT(S)


Added by St.1978, c. 210, § 20. Amended by St.1986, c. 12, §§ 3, 4; St.1986, c. 557, § 194; St.1987, c. 9, § 1; St.1996, c. 39, § 2; St.2004, c. 399, § 1, eff. Feb. 16, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268B § 4


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 4. Investigations by the commission


Investigations by the commission.


(a) Upon receipt of a sworn complaint signed under the penalties of perjury, or upon receipt of evidence which is deemed sufficient by the commission, the commission shall initiate a preliminary inquiry into any alleged violation of chapter 268A or 268B. At the commencement of a preliminary inquiry into any such alleged violation, the general counsel shall notify the attorney general in order to avoid overlapping civil and criminal investigations. All commission proceedings and records relating to a preliminary inquiry or initial staff review used to determine whether to initiate an inquiry shall be confidential, except that the general counsel may turn over to the attorney general, the United States Attorney or a district attorney of competent jurisdiction evidence which may be used in a criminal proceeding. The general counsel shall notify any person who is the subject of the preliminary inquiry of the existence of such inquiry and the general nature of the alleged violation within 30 days of the commencement of the inquiry.


(b) If a preliminary inquiry fails to indicate reasonable cause for belief that this chapter or said chapter two hundred and sixty-eight A has been violated, the commission shall immediately terminate the inquiry and so notify, in writing, the complainant, if any, and the person who had been the subject of the inquiry. All commission records and proceedings from any such preliminary inquiry, or from any initial staff review to determine whether to initiate an inquiry, shall be confidential.


(c) If a preliminary inquiry indicates reasonable cause for belief that this chapter or said chapter two hundred and sixty-eight A has been violated, the commission may, upon a majority vote, initiate an adjudicatory proceeding to determine whether there has been such a violation. The commission shall initiate such an adjudicatory proceeding within 5 years from the date the commission learns of the alleged violation, but not more than 6 years from the date of the last conduct relating to the alleged violation.


(d) The commission may require by summons the attendance and testimony of witnesses and the production of books, papers and other records relating to any matter being investigated by it pursuant to this chapter or said chapter two hundred and sixty-eight A. Such summons may be issued by the commission only upon a majority vote of the commission and shall be served in the same manner as summonses for witnesses in civil cases, and all provisions of law relative to summonses issued in such cases, including the compensation of witnesses, shall apply to summonses issued by the commission. Such summonses shall have the same force, and be obeyed in the same manner, and under the same penalties in case of default, as if issued by order of a justice of the superior court and may be quashed only upon motion of the summonsed party and by order of a justice of the superior court.


(e) Any member of the commission may administer oaths and any member of the commission may hear testimony or receive other evidence in any proceeding before the commission.


(f) All testimony in a commission adjudicatory proceeding shall be under oath. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses who testify, to submit evidence, and to be represented by counsel. Before testifying, all witnesses shall be given a copy of the regulations governing commission proceedings. All witnesses shall be entitled to be represented by counsel.


(g) Any person whose name is mentioned during an adjudicatory proceeding of the commission and who may be adversely affected thereby may appear personally before the commission on his own behalf, with or without an attorney, to give a statement in opposition to such adverse mention or file a written statement of such opposition for incorporation into the record of the proceeding.


(h) All adjudicatory proceedings of the commission carried out pursuant to the provisions of this section shall be public, unless the members vote to go into executive session.


(i) Within thirty days after the end of an adjudicatory proceeding pursuant to the provisions of this section, the commission shall meet in executive session for the purpose of reviewing the evidence before it. Within thirty days after completion of deliberations, the commission shall publish a written report of its findings and conclusions.


(j) The commission, upon a finding pursuant to an adjudicatory proceeding that there has been a violation of said chapter two hundred and sixty-eight A or a violation of this chapter, may issue an order requiring the violator to:


(1) cease and desist such violation of said chapter two hundred and sixty-eight A or this chapter;


(2) file any report, statement or other information as required by said chapter two hundred and sixty-eight A or this chapter; or


(3) pay a civil penalty of not more than $10,000 for each violation of this chapter or chapter 268A, with the exception of a violation of section 2 of chapter 268A, which shall be subject to a civil penalty of not more than $25,000.


The commission may file a civil action in superior court to enforce such order and any order issued by the commission in accordance with chapter 268A.


(k) Any final action by the commission made pursuant to chapter 268A or 268B shall be subject to review in superior court upon petition of any party in interest filed within thirty days after the action for which review is sought. The court shall enter a judgment enforcing, modifying or setting aside the order of the commission or it may remand the proceedings to the commission for such further action as the court may direct. If the court modifies or sets aside the commission order or remands the proceedings to the commission, the court shall determine whether such modification, set aside or remand is substantial. If the court does find such modification, set aside or remand to be substantial, the employee shall be entitled to be reimbursed from the treasury of the commonwealth for reasonable attorneys' fees and all court costs incurred by him in the defense of the charges contained in said proceedings. The amount of such reimbursement shall be awarded by the court, but shall not exceed $30,000 per person, per case. Reimbursement of such costs shall be applicable to state, county or municipal employees whose conduct is so regulated by the provisions of chapter two hundred and sixty-eight A and this chapter.


(l) The superior court shall have concurrent jurisdiction to issue orders under paragraph (j) in a civil action brought by the attorney general. In any such action, an advisory opinion of the commission under clause (g) of section 3 shall be binding to the same extent as it is against the commission under that clause.


CREDIT(S)


Added by St.1978, c. 210, § 20. Amended by St.1982, c. 612, §§ 15, 16; St.1986, c. 12, § 5; St.1990, c. 150, § 349A; St.1990, c. 487, § 2; St.2009, c. 28, §§ 86 to 93, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268B § 5


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 5. Statements of financial interests


Statements of financial interests.


(a) Every candidate for public office shall file a statement of financial interest for the preceding calendar year with the commission on or before the date on which a certificate of nomination or nomination papers for such candidate are submitted to the state secretary. Every candidate for public office who has not filed nomination papers with the state secretary, but on whose behalf a statement of organization of a political committee has been filed with the director of campaign and political finance under section five of chapter fifty-five, and who is seeking public office by the so-called “write in” or “sticker” method, shall within three days after such filing file a statement of financial interest with the commission.


(b) Every public official shall file a statement of financial interest for the preceding calendar year with the commission on or before the last Tuesday in May of the year in which such public official first enters such public office and of each year that such public official holds such office, and on or before May first of the year after such public official leaves such office; provided, however, that no public official shall be required to file a statement of financial interests for the year in which he ceased to be a public official if he served for less than thirty days in such year.


(c) Every public employee shall file a statement of financial interests for the preceding calendar year with the commission within thirty days after becoming a public employee, on or before May first of each year thereafter that such person is a public employee and on or before May first of the year after such person ceases to be a public employee; provided, however, that no public employee shall be required to file a statement of financial interests for the year in which he ceased to be a public employee if he served less than thirty days in such year.


(d) The commission shall, upon receipt of a statement of financial interests pursuant to the provisions of this section, issue to the person filing such statement a receipt verifying the fact that a statement of financial interests has been filed and a receipted copy of such statement.


(e) No public employee shall be allowed to continue in his duties or to receive compensation from public funds unless he has filed a statement of financial interests with the commission as required by this chapter.


(f) The statement of financial interests filed pursuant to the provisions of this section shall be on a form prescribed by the commission and shall be signed under penalty of perjury by the reporting person.


(g) Reporting persons shall disclose, to the best of their knowledge, the following information for the preceding calendar year, or as of the last day of said year with respect to the information required by clauses (2), (3) and (6) below; such persons shall also disclose the same information with respect to their immediate family provided, however, that no amount need be given for such information with regard to the reporting person's immediate family:


(1) the name and address of, the nature of association with, the share of equity in, if applicable, and the amount of income if greater than one thousand dollars derived from each business with which he is associated;


(2) the identity of all securities and other investments with a fair market value of greater than one thousand dollars which were beneficially owned, not otherwise reportable hereunder; and the amount of income if over one thousand dollars from any such security which is issued by the commonwealth or any political subdivision thereof or any public agency or authority created by the general court;


(3) the name and address of each creditor to whom more than one thousand dollars was owed and the original amount, the amount outstanding, the terms of repayment, and the general nature of the security pledged for each such obligation except that the original amount and the amount outstanding need not be reported for a mortgage on the reporting person's primary residence; provided, however, that obligations arising out of retail installment transactions, educational loans, medical and dental expenses, debts incurred in the ordinary course of business, and any obligation to make alimony or support payments, shall not be reported; and provided, further, that such information need not be reported if the creditor is a relative of the reporting person within the third degree of consanguinity or affinity;


(4) the name and address of the source, and the cash value of any reimbursement for expenses aggregating more than one hundred dollars in the calendar year if the source of such reimbursement is a legislative or executive agent; or if the recipient is a public official and the source of such reimbursement is a person having a direct interest in legislation, legislative action, or a matter before a governmental body; or if the recipient is a public employee and the source of such reimbursement is person having a direct interest in a matter before the governmental body by which the recipient is employed;


(5) the name and address of the donor, and the fair market value, if determinable, of any gifts aggregating more than one hundred dollars in the calendar year, if the recipient is a public official and the source of such gift(s) is a person having a direct interest in legislation, legislative action, or a matter before a governmental body; or if the recipient is a public employee and the source of such gift(s) is a person having a direct interest in a matter before the governmental body by which the recipient is employed;


(6) the description, as appearing on the most recent tax bill, and the amount of assessed value of all real property located within the commonwealth, in which a direct or indirect financial interest was held, which has an assessed value greater than one thousand dollars; and, if the property was transferred during the year, the name and address of the person furnishing consideration to the reporting person or receiving it from him in respect to such transfer;


(7) the name and address of the source, and the fair market value, of any honoraria aggregating more than one hundred dollars if the source of such honoraria is a legislative agent; or if the recipient is a public official and the source of such honoraria is a person having a direct interest in legislation, legislative action, or a matter before a governmental body; or if the recipient is a public employee and the source of such honoraria is a person having a direct interest in a matter before the governmental body by which the recipient is employed;


(8) the name and address of any creditor who has forgiven an indebtedness of over one thousand dollars, and the amount forgiven; provided, however, that no such information need be reported if the creditor is a relative within the third degree of consanguinity or affinity of the reporting person, or the spouse of such a relative;


(9) the name and address of any business from which the reporting person is taking a leave of absence;


(10) the identity of any equity in a business with which the reporting person is associated which has been transferred to a member of the reporting person's immediate family; provided, however, that a member of the reporting person's family need not report any such transfer to the reporting person.


Nothing in this section shall be construed to require the disclosure of information which is privileged by law.


Failure of a reporting person to file a statement of financial interests within ten days after receiving notice as provided in clause (f) of section three of this chapter, or the filing of an incomplete statement of financial interests after receipt of such a notice, is a violation of this chapter and the commission may initiate appropriate proceedings pursuant to the provisions of section four.


CREDIT(S)


Added by St.1978, c. 210, § 20. Amended by St.1981, c. 386, § 14; St.1986, c. 557, §§ 195, 196; St.1986, c. 693, § 2; St.1992, c. 286, § 265; St.2009, c. 28, § 94, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268B § 6


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 6. Gifts from executive or legislative agents; exclusions to be established by state ethics commission


No executive or legislative agent shall knowingly and willfully offer or give to any public official or public employee or a member of such person’s immediate family, and no public official or public employee or member of such person’s immediate family shall knowingly and willfully solicit or accept from any executive or legislative agent, any gift of any kind or nature; provided, however, that the state ethics commission shall promulgate regulations: (i) establishing exclusions for ceremonial gifts; (ii) establishing exclusions for gifts given solely because of family or friendship; and (iii) establishing additional exclusions for other situations that do not present a genuine risk of a conflict or the appearance of a conflict of interest.


For the purposes of this section, a person who holds a license issued by the Massachusetts gaming commission, who was required to apply for that license pursuant to section 14 of chapter 23K, shall be considered a legislative agent.


CREDIT(S)


Added by St.1978, c. 210, § 20. Amended by St.2009, c. 28, § 95, eff. Sept. 29, 2009; St.2011, c. 194, § 50, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268B § 7


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 7. Penalties for violation of confidentiality and for perjury


Penalties for violation of confidentiality and for perjury.


Any person who violates the confidentiality of a commission inquiry under the provisions of paragraph (a) of section four of this chapter shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.


Any person who willfully affirms or swears falsely in regard to any material matter before a commission proceeding under paragraph (c) of section four of this chapter, or who willfully files a materially false statement of financial interests under section five of this chapter shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2    1/2 years, or both.


CREDIT(S)


Added by St.1978, c. 210, § 20. Amended by St.1985, c. 118; St.1986, c. 557, § 197; St.2009, c. 28, §§ 96, 97, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 268B § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 268B. Financial Disclosure by Certain Public Officials and Employees (Refs & Annos)

§ 8. Retribution for engaging in commission proceedings


No officer or employee of the commonwealth or of any county, city or town shall discharge an officer or employee, or change his official rank, grade or compensation, or deny him a promotion, or threaten so to do, for filing a complaint with or providing information to the commission or testifying in any commission proceeding.


CREDIT(S)


Added by St.1982, c. 612, § 17.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 269, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 1


Effective: December 15, 2004


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 1. Dispensing and suppressing unlawful assembly; arresting persons


If five or more persons, being armed with clubs or other dangerous weapons, or if ten or more persons, whether armed or not, are unlawfully, riotously or tumultuously assembled in a city or town, the mayor and each of the aldermen of such city, each of the selectmen of such town, every justice of the peace living in any such city or town, any member of the city, town, or state police and the sheriff of the county and his deputies shall go among the persons so assembled, or as near to them as may be with safety, and in the name of the commonwealth command all persons so assembled immediately and peaceably to disperse; and if they do not thereupon immediately and peaceably disperse, each of said magistrates and officers shall command the assistance of all persons there present in suppressing such riot or unlawful assembly and arresting such persons. For the purposes of this section, the University of Massachusetts at Amherst shall be considered to be a town.


CREDIT(S)


Amended by St.1965, c. 647, § 1; St.1966, c. 158; St.1991, c. 412, § 98; St.2004, c. 348, § 1, eff. Dec. 15, 2004.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 2. Refusing or neglecting to depart or to assist in suppressing assembly or in arresting persons


Whoever, being present and being so commanded to assist in arresting such rioters or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, refuses or neglects to obey such command, or, if required by such magistrate or officer to depart from the place, refuses or neglects so to do, shall be considered one of the rioters or persons unlawfully assembled, and shall be punished by imprisonment for not more than one year or by a fine of not less than one hundred dollars or more than five hundred dollars, or both.


CREDIT(S)


Amended by St.1965, c. 647, § 1A.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 3. Neglect or refusal to exercise authority to suppress assembly


A mayor, alderman, selectman, justice of the peace, sheriff or deputy sheriff who, having notice of any such riotous or tumultuous and unlawful assembly in the city or town where he lives, neglects or refuses immediately to proceed to the place of such assembly, or as near thereto as he can with safety, or omits or neglects to exercise the authority conferred upon him by this chapter for suppressing such assembly and for arresting the offenders, shall be punished by a fine of not more than three hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 4. Requiring aid; dispersing and suppressing assembly; seizure of persons


If any persons who are so riotously or unlawfully assembled, and who have been commanded to disperse, as before provided, refuse or neglect to disperse without unnecessary delay, any two of the magistrates or officers before mentioned may require the aid of a sufficient number of persons, in arms or otherwise as may be necessary, and shall proceed, in such manner as they deem expedient, forthwith to disperse and suppress such assembly, and seize and secure the persons composing the same, so that they may be proceeded with according to law.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 5. Armed forces obeying orders for suppressing riot and dispersing and arresting persons


When an armed force, called out under chapter thirty-three to suppress a tumult or riot, or to disperse a body of men acting together by force and with intent to commit a felony, or to offer violence to persons or property, or with intent by force or violence to resist or oppose the execution of the laws of the commonwealth, arrives at the place of such unlawful, riotous or tumultuous assembly, its members shall obey such orders for suppressing the riot or tumult, and for dispersing and arresting all persons who are committing any of said offences, as they have received from the governor, or a judge of a court of record, or the sheriff of the county, and also such orders as they there receive from any two of the magistrates or officers before mentioned.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 6. Person killed or wounded as result of an assembly; guilt and responsibility


If, by reason of the efforts made by any two or more of said magistrates or officers or by their direction to disperse such assembly, or to seize and secure the persons composing the same who have refused to disperse, though the number remaining may be less than five, any such person or any other person then present is killed or wounded, the magistrates and officers, and all persons acting by their order or under their direction, and all persons acting under the two preceding sections, shall be held guiltless, and fully justified in law; and if any of said magistrates or officers, or any person acting under or by the direction of any of the officers before mentioned, is killed or wounded, all persons so assembled, and all other persons who, when commanded or required, refused to aid and assist said magistrates or officers, shall be held answerable therefor.


CREDIT(S)


Amended by St.1965, c. 647, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 7. Injury to building or vessel by persons unlawfully assembled


If any of the persons so unlawfully assembled demolishes, pulls down or destroys, or begins to demolish, pull down or destroy, a dwelling house or other building, or a ship or vessel, he shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two years, and shall also be liable in tort to any person for all damages sustained by him thereby.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 8. Destruction of or damage to property by persons riotously assembled; liability of town


If property of the value of fifty dollars or more is destroyed or if property is damaged to that amount or to a value in excess thereof by fifteen or more persons who are riotously or tumultuously assembled and provided that the activities of such riotous or tumultuous group are observed and reported to the police during the period that such activities are occurring, the town within which the property was situated shall, if the owner of such property uses all reasonable diligence to prevent said destruction or damage and to procure the conviction of the offenders, be liable to indemnify the owner thereof in tort to the amount of three-fourth's of the value of the property destroyed or of the amount of such damage thereto, and may recover the same against any or all of the persons who so destroyed or damaged such property.


CREDIT(S)


Amended by St.1965, c. 647, § 3; St.1982, c. 476.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 9. Repealed, 1923, 248, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 10


Effective: March 30, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 10. Carrying dangerous weapons; possession of machine gun or sawed-off shotguns; possession of large capacity weapon or large capacity feeding device; punishment


(a) Whoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either:


(1) being present in or on his residence or place of business; or


(2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or


(3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or


(4) having complied with the provisions of sections one hundred and twenty-nine C and one hundred and thirty-one G of chapter one hundred and forty; or


(5) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B; and whoever knowingly has in his possession; or knowingly has under control in a vehicle; a rifle or shotgun, loaded or unloaded, without either:


(1) being present in or on his residence or place of business; or


(2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or


(3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or


(4) having in effect a firearms identification card issued under section one hundred and twenty-nine B of chapter one hundred and forty; or


(5) having complied with the requirements imposed by section one hundred and twenty-nine C of chapter one hundred and forty upon ownership or possession of rifles and shotguns; or


(6) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B; shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. The sentence imposed on such person shall not be reduced to less than 18 months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 18 months of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; or to obtain emergency medical or psychiatric service unavailable at said institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file.


No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section.


The provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person seventeen years of age or older, charged with a violation of this subsection, or to any child between ages fourteen and seventeen so charged, if the court is of the opinion that the interests of the public require that he should be tried as an adult for such offense instead of being dealt with as a child.


The provisions of this subsection shall not affect the licensing requirements of section one hundred and twenty-nine C of chapter one hundred and forty which require every person not otherwise duly licensed or exempted to have been issued a firearms identification card in order to possess a firearm, rifle or shotgun in his residence or place of business.


(b) Whoever, except as provided by law, carries on his person, or carries on his person or under his control in a vehicle, any stiletto, dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife, or any knife with a detachable blade capable of being propelled by any mechanism, dirk knife, any knife having a double-edged blade, or a switch knife, or any knife having an automatic spring release device by which the blade is released from the handle, having a blade of over one and one-half inches, or a slung shot, blowgun, blackjack, metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles, nunchaku, zoobow, also known as klackers or kung fu sticks, or any similar weapon consisting of two sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather, a shuriken or any similar pointed starlike object intended to injure a person when thrown, or any armband, made with leather which has metallic spikes, points or studs or any similar device made from any other substance or a cestus or similar material weighted with metal or other substance and worn on the hand, or a manrikigusari or similar length of chain having weighted ends; or whoever, when arrested upon a warrant for an alleged crime, or when arrested while committing a breach or disturbance of the public peace, is armed with or has on his person, or has on his person or under his control in a vehicle, a billy or other dangerous weapon other than those herein mentioned and those mentioned in paragraph (a), shall be punished by imprisonment for not less than two and one-half years nor more than five years in the state prison, or for not less than six months nor more than two and one-half years in a jail or house of correction, except that, if the court finds that the defendant has not been previously convicted of a felony, he may be punished by a fine of not more than fifty dollars or by imprisonment for not more than two and one-half years in a jail or house of correction.


(c) Whoever, except as provided by law, possesses a machine gun, as defined in section one hundred and twenty-one of chapter one hundred and forty, without permission under section one hundred and thirty-one of said chapter one hundred and forty; or whoever owns, possesses or carries on his person, or carries on his person or under his control in a vehicle, a sawed-off shotgun, as defined in said section one hundred and twenty-one of said chapter one hundred and forty, shall be punished by imprisonment in the state prison for life, or for any term of years provided that any sentence imposed under the provisions of this paragraph shall be subject to the minimum requirements of paragraph (a).


(d) Whoever, after having been convicted of any of the offenses set forth in paragraph (a), (b) or (c) commits a like offense or any other of the said offenses, shall be punished by imprisonment in the state prison for not less than five years nor more than seven years; for a third such offense, by imprisonment in the state prison for not less than seven years nor more than ten years; and for a fourth such offense, by imprisonment in the state prison for not less than ten years nor more than fifteen years. The sentence imposed upon a person, who after a conviction of an offense under paragraph (a), (b) or (c) commits the same or a like offense, shall not be suspended, nor shall any person so sentenced be eligible for probation or receive any deduction from his sentence for good conduct.


(e) Upon conviction of a violation of this section, the firearm or other article shall, unless otherwise ordered by the court, be confiscated by the commonwealth. The firearm or article so confiscated shall, by the authority of the written order of the court be forwarded by common carrier to the colonel of the state police, who, upon receipt of the same, shall notify said court or justice thereof. Said colonel may sell or destroy the same, except that any firearm which may not be lawfully sold in the commonwealth shall be destroyed, and in the case of a sale, after paying the cost of forwarding the article, shall pay over the net proceeds to the commonwealth.


(f) The court shall, if the firearm or other article was lost by or stolen from the person lawfully in possession of it, order its return to such person.


(g) Whoever, within this commonwealth, produces for sale, delivers or causes to be delivered, orders for delivery, sells or offers for sale, or fails to keep records regarding, any rifle or shotgun without complying with the requirement of a serial number, as provided in section one hundred and twenty-nine B of chapter one hundred and forty, shall for the first offense be punished by confinement in a jail or house of correction for not more than two and one-half years, or by a fine of not more than five hundred dollars.


(h)(1) Whoever owns, possesses or transfers a firearm, rifle, shotgun or ammunition without complying with the provisions of section 129C of chapter 140 shall be punished by imprisonment in a jail or house of correction for not more than 2 years or by a fine of not more than $500. Whoever commits a second or subsequent violation of this paragraph shall be punished by imprisonment in a house of correction for not more than 2 years or by a fine of not more than $1,000, or both. Any officer authorized to make arrests may arrest without a warrant any person whom the officer has probable cause to believe has violated this paragraph.


(2) Any person who leaves a firearm, rifle, shotgun or ammunition unattended with the intent to transfer possession of such firearm, rifle, shotgun or ammunition to any person not licensed under section 129C of chapter 140 or section 131 of chapter 140 for the purpose of committing a crime or concealing a crime shall be punished by imprisonment in a house of correction for not more than 2   1/2 years or in state prison for not more than 5 years.


(i) Whoever knowingly fails to deliver or surrender a revoked or suspended license to carry or possess firearms or machine guns issued under the provisions of section one hundred and thirty-one or one hundred and thirty-one F of chapter one hundred and forty, or firearm identification card, or receipt for the fee for such card, or a firearm, rifle, shotgun or machine gun, as provided in section one hundred and twenty-nine D of chapter one hundred and forty, unless an appeal is pending, shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars.


(j) Whoever, not being a law enforcement officer, and notwithstanding any license obtained by him under the provisions of chapter one hundred and forty, carries on his person a firearm as hereinafter defined, loaded or unloaded or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college or university without the written authorization of the board or officer in charge of such elementary or secondary school, college or university shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. For the purpose of this paragraph, “firearm” shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged by whatever means.


Any officer in charge of an elementary or secondary school, college or university or any faculty member or administrative officer of an elementary or secondary school, college or university failing to report violations of this paragraph shall be guilty of a misdemeanor and punished by a fine of not more than five hundred dollars.


<[ There is no paragraph (k).]>


(l) The provisions of this section shall be fully applicable to any person proceeded against under section seventy-five of chapter one hundred and nineteen and convicted under section eighty-three of chapter one hundred and nineteen, provided, however, that nothing contained in this section shall impair, impede, or affect the power granted any court by chapter one hundred and nineteen to adjudicate a person a delinquent child, including the power so granted under section eighty-three of said chapter one hundred and nineteen.


(m) Notwithstanding the provisions of paragraph (a) or (h), any person not exempted by statute who knowingly has in his possession, or knowingly has under his control in a vehicle, a large capacity weapon or large capacity feeding device therefor who does not possess a valid Class A or Class B license to carry firearms issued under section 131 or 131F of chapter 140, except as permitted or otherwise provided under this section or chapter 140, shall be punished by imprisonment in a state prison for not less than two and one-half years nor more than ten years. The possession of a valid firearm identification card issued under section 129B shall not be a defense for a violation of this subsection; provided, however, that any such person charged with violating this paragraph and holding a valid firearm identification card shall not be subject to any mandatory minimum sentence imposed by this paragraph. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served such minimum term of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this section.


The provisions of this paragraph shall not apply to the possession of a large capacity weapon or large capacity feeding device by (i) any officer, agent or employee of the commonwealth or any other state or the United States, including any federal, state or local law enforcement personnel; (ii) any member of the military or other service of any state or the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; (iv) any federal, state or local historical society, museum or institutional collection open to the public; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to acquire, possess or carry a large capacity semiautomatic weapon and is acting within the scope of his duties; or (v) any gunsmith duly licensed under the applicable federal law.


(n) Whoever violates paragraph (a) or paragraph (c), by means of a loaded firearm, loaded sawed off shotgun or loaded machine gun shall be further punished by imprisonment in the house of correction for not more than 2   1/2 years, which sentence shall begin from and after the expiration of the sentence for the violation of paragraph (a) or paragraph (c).


(o) For purposes of this section, “loaded” shall mean that ammunition is contained in the weapon or within a feeding device attached thereto.


For purposes of this section, “ammunition” shall mean cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm, rifle or shotgun.


CREDIT(S)


Amended by St.1935, c. 290; St.1936, c. 227, § 1; St.1937, c. 250, § 1; St.1955, c. 160; St.1956, c. 172; St.1957, c. 688, § 23; St.1968, c. 737, §§ 11 to 14; St.1969, c. 441; St.1969, c. 799, §§ 14 to 16; St.1971, c. 456, §§ 5, 6; St.1972, c. 312, § 5; St.1973, c. 588; St.1974, c. 649, § 2; St.1975, c. 113, §§ 2, 3; St.1975, c. 585, § 1; St.1978, c. 175, §§ 1, 2; St.1982, c. 254; St.1983, c. 516, §§ 2, 3; St.1985, c. 349; St.1986, c. 481, § 3; St.1986, c. 581, § 1; St.1987, c. 150, §§ 1, 2; St.1989, c. 648; St.1990, c. 511, §§ 2, 3; St.1996, c. 20; St.1996, c. 151, §§ 487, 488; St.1998, c. 180, §§ 68 to 70; St.2006, c. 48, §§ 5 to 7, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 10A


Effective: November 1, 2002


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 10A. Selling, giving or using silencers; confiscation and destruction


Any person, other than a federally licensed firearms manufacturer, an authorized agent of the municipal police training committee, or a duly authorized sworn law enforcement officer while acting within the scope of official duties and under the direct authorization of the police chief or his designee, or the colonel of the state police, who sells or keeps for sale, or offers, or gives or disposes of by any means other than submitting to an authorized law enforcement agency, or uses or possesses any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearm shall be punished by imprisonment for not more than five years in state prison or for not more than two and one-half years in a jail or house of correction. Nothing contained herein shall be construed to prohibit a federally licensed firearms manufacturer from selling such instrument, attachment, weapon or appliance to authorized law enforcement agencies for law enforcement purposes or to the municipal police training committee for law enforcement training. Upon conviction of a violation of this section, the instrument, attachment or other article shall be confiscated by the commonwealth and forwarded, by the authority of the written order of the court, to the colonel of the state police, who shall destroy said article.


CREDIT(S)


Amended by St.1957, c. 688, § 24; St.1989, c. 509; St.1996, c. 151, § 489; St.2002, c. 196, §§ 24, 25.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 10B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 10B. Repealed, 1957, 688, Sec. 25



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 10C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 10C. Tear gas; use in commission of crimes


Whoever uses tear gas cartridges, or any device or instrument which contains a liquid, gas, powder, or any other substance designed to incapacitate for the purpose of committing a crime shall be punished by imprisonment in the state prison for not more than seven years.


CREDIT(S)


Added by St.1969, c. 342. Amended by St.1973, c. 892, § 9; St.1974, c. 789.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 10D


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 10D. Body armor; use in commission of crime


Whoever, while in the commission or attempted commission of a felony, uses or wears any body armor, so-called, or any protective covering for the body or any parts thereof, made of resin-treated glass-fiber cloth, or of any other material or combination of materials, designed to prevent, deflect or deter the penetration thereof by ammunition, knives or other weapons, shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years or for not less than one year nor more than two and one-half years in a jail or house of correction.


CREDIT(S)


Added by St.1983, c. 139.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 10E


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 10E. Firearms sales, distributions or transfers; penalties; eligibility for probation, parole, furlough or work release


Whoever, except as provided by law, in a single transaction or occurrence or in a series of transactions within a twelve month period, knowingly or intentionally distributes, sells, or transfers possession of a quantity of firearms, rifles, shotguns, machine guns, or any combination thereof, shall, if the quantity of firearms, rifles, shotguns, machine guns, or any combination thereof is:


(1) Three or more, but less than ten, be punished by a term of imprisonment of not more than ten years in the state prison. No sentence imposed under the provisions of this paragraph shall be for less than a mandatory minimum term of imprisonment of three years and a fine of not more than fifty thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.


(2) Ten or more, but less than twenty, be punished by a term of imprisonment of not more than ten years in the state prison. No sentence imposed under the provisions of this paragraph shall be for less than a mandatory minimum term of imprisonment of five years and a fine of not more than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.


(3) Twenty or more, be punished by a term of imprisonment not less than ten years up to life imprisonment in the state prison. No sentence imposed under the provisions of this paragraph shall be for less than a mandatory minimum term of imprisonment of ten years and a fine of not more than one hundred and fifty thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.


A prosecution commenced under this section shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of said section shall not be reduced to less than the mandatory minimum term of imprisonment as established in said section, nor shall any sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory minimum term of imprisonment.


A person convicted of violating any provision of this section shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release, or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of corrections may, on the recommendation of the warden, superintendent, or other person in charge of the correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes: to attend the funeral of a relative, to visit a critically ill relative, or to obtain emergency medical or psychiatric services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person, seventeen years of age or over, charged with a violation of said sections, or to any child between the age of fourteen and seventeen, so charged, if the court is of the opinion that the interests of the public require that he shall be tried for such offense instead of being dealt with as a child.


CREDIT(S)


Added by St.1994, c. 24, § 8.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 10F


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 10F. Illegal sale, gifts or transfer of large capacity weapons or large capacity feeding devices; punishment


(a) Any person who sells, keeps for sale, or offers or exposes for sale, gives or otherwise transfers any large capacity weapon or large capacity feeding device, both as defined in section 121 of chapter 140, to a person 18 years of age or over, except as permitted under this section or chapter 140, shall be punished by imprisonment in a state prison for not less than two and one-half years nor more than ten years. Any person who commits a second or subsequent such crime shall be punished by imprisonment in a state prison for not less than five years nor more than 15 years. The sentence imposed upon such person shall not be reduced to less than two and one-half years for a first offense, nor less than five years for a second or subsequent such offense, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served such minimum term of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this subsection.


(b) Any person who transfers, sells, lends or gives a large capacity weapon or large capacity feeding device to a person under the age of 18, except as permitted under the provisions of chapter 140, shall be punished by imprisonment in a state prison for not less than five nor more than 15 years. The sentence imposed upon such person shall not be reduced to less than five years, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he has served five years of such sentence; provided, however, that the commissioner of corrections may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this subsection.


CREDIT(S)


Added by St.1998, c. 180, § 71.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 10G


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 10G. Violations of Sec. 10 by persons previously convicted of violent crimes or serious drug offenses; punishment


(a) Whoever, having been previously convicted of a violent crime or of a serious drug offense, both as defined herein, violates the provisions of paragraph (a), (c) or (h) of section 10 shall be punished by imprisonment in the state prison for not less than three years nor more than 15 years.


(b) Whoever, having been previously convicted of two violent crimes, or two serious drug offenses or one violent crime and one serious drug offense, arising from separate incidences, violates the provisions of said paragraph (a), (c) or (h) of said section 10 shall be punished by imprisonment in the state prison for not less than ten years nor more than 15 years.


(c) Whoever, having been previously convicted of three violent crimes or three serious drug offenses, or any combination thereof totaling three, arising from separate incidences, violates the provisions of said paragraph (a), (c) or (h) of said section 10 shall be punished by imprisonment in the state prison for not less than 15 years nor more than 20 years.


(d) The sentences imposed upon such persons shall not be reduced to less than the minimum, nor suspended, nor shall persons convicted under this section be eligible for probation, parole, furlough, work release or receive any deduction from such sentence for good conduct until such person shall have served the minimum number of years of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this section.


(e) For the purposes of this section, “violent crime” shall have the meaning set forth in section 121 of chapter 140. For the purposes of this section, “serious drug offense” shall mean an offense under the federal Controlled Substances Act, 21 U.S.C. 801, et seq., the federal Controlled Substances Import and Export Act, 21 U.S.C. 951, et seq. or the federal Maritime Drug Law Enforcement Act, 46 U.S.C. App. 1901, et seq. for which a maximum term of imprisonment for ten years or more is prescribed by law, or an offense under chapter 94C involving the manufacture, distribution or possession with intent to manufacture or distribute a controlled substance, as defined in section 1 of said chapter 94C, for which a maximum term of ten years or more is prescribed by law.


CREDIT(S)


Added by St.1998, c. 180, § 71.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 10H


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 10H. Carrying loaded firearm while under influence of liquor, marijuana, narcotic drugs, depressants or stimulant substances; punishment


Whoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140, carries on his person, or has under his control in a vehicle, a loaded firearm, as defined in section 121 of said chapter 140, while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or the vapors of glue shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.


CREDIT(S)


Added by St.1998, c. 180, § 71.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 11. Printing statutes for posters; display


The state secretary shall, annually, cause to be printed, in English and in such other languages as he may deem necessary, and in large letters so as to be easily read, for use as a poster, section one hundred and thirty-one of chapter one hundred and forty and sections ten, twelve B, and fourteen of this chapter. Sufficient copies of the said posters shall be sent to the clerks and to the superintendents of schools in all cities and towns for their use as herein provided. The city or town clerks shall cause posters received by them to be displayed in such places as they may select, and in such numbers, according to the population of the city or town, as its clerk may deem expedient. The superintendents of schools shall cause the posters received by them to be distributed among the schools within their jurisdiction, and in such numbers as they may deem necessary. The cost of preparing and printing the posters and of distributing them to the various cities and towns shall be paid by the commonwealth, and the cost of placing or affixing them in each city or town shall be paid by that city or town.


CREDIT(S)


Amended by St.1957, c. 688, § 26.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 11A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 11A. Definitions


For the purposes of this section and sections eleven B, eleven C and eleven D, the following words shall have the following meanings:--


“Firearm”, a firearm as defined in section one hundred and twenty-one of chapter one hundred and forty, or a rifle or shotgun.


“Serial number”, the number stamped or placed upon a firearm by the manufacturer in the original process of manufacture.


“Identification number”, the number stamped or placed upon a firearm by the colonel of the state police under authority of section eleven D.


CREDIT(S)


Added by St.1937, c. 199. Amended by St.1996, c. 151, § 490.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 11B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 11B. Possession or control of firearm with serial or identification number removed or mutilated, while committing or attempting a felony; destruction


Whoever, while in the commission or attempted commission of a felony, has in his possession or under his control a firearm the serial number or identification number of which has been removed, defaced, altered, obliterated or mutilated in any manner shall be punished by imprisonment in the state prison for not less than two and one half nor more than five years, or in a jail or house of correction for not less than six months nor more than two and one half years. Upon a conviction of a violation of this section, said firearm or other article, by the authority of the written order of the court, shall be forwarded to the colonel of the state police, who shall cause said weapon to be destroyed.


CREDIT(S)


Added by St.1937, c. 199. Amended by St.1957, c. 688, § 27; St.1996, c. 151, § 491.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 11C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 11C. Removal or mutilation of serial or identification numbers of firearms; receiving such firearm; destruction


Whoever, by himself or another, removes, defaces, alters, obliterates or mutilates in any manner the serial number or identification number of a firearm, or in any way participates therein, and whoever receives a firearm with knowledge that its serial number or identification number has been removed, defaced, altered, obliterated or mutilated in any manner, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not less than one month nor more than two and one half years. Possession or control of a firearm the serial number or identification number of which has been removed, defaced, altered, obliterated or mutilated in any manner shall be prima facie evidence that the person having such possession or control is guilty of a violation of this section; but such prima facie evidence may be rebutted by evidence that such person had no knowledge whatever that such number had been removed, defaced, altered, obliterated or mutilated, or by evidence that he had no guilty knowledge thereof. Upon a conviction of a violation of this section said firearm or other article shall be forwarded, by the authority of the written order of the court, to the colonel of the state police, who shall cause said firearm or other article to be destroyed.


CREDIT(S)


Added by St.1937, c. 199. Amended by St.1957, c. 688, § 28; St.1996, c. 151, § 492.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 11D


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 11D. Repealed, 1957, 688, Sec. 29



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 11E


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 11E. Serial identification numbers on firearms


All firearms, rifles and shotguns of new manufacture, manufactured or delivered to any licensed dealer within the commonwealth shall bear serial numbers permanently inscribed on a visible metal area of said firearm, rifle or shotgun, and the manufacturer of said firearm, rifle or shotgun shall keep records of said serial numbers and the dealer, distributor or person to whom the firearm, rifle or shotgun was sold or delivered.


No licensed dealer shall order for delivery, cause to be delivered, offer for sale or sell within the commonwealth any newly manufactured firearm, rifle or shotgun received directly from a manufacturer, wholesaler or distributor not so inscribed with a serial number nor shall any licensed manufacturer or distributor of firearms, rifles or shotguns deliver or cause to be delivered within the commonwealth any firearm, rifle or shotgun not complying with this section.


No licensed manufacturer within the commonwealth shall produce for sale within the United States, its territories or possessions any firearm, rifle or shotgun not complying with paragraph one of this section. Whoever violates this section shall be punished by a fine of five hundred dollars. Each such violation shall constitute a separate offense.


CREDIT(S)


Added by St.1968, c. 737, § 15. Amended by St.1969, c. 799, § 17.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 12. Manufacturing and selling knives, slung shots, swords, bludgeons and similar weapons


Whoever manufactures or causes to be manufactured, or sells or exposes for sale, an instrument or weapon of the kind usually known as a dirk knife, a switch knife or any knife having an automatic spring release device by which the blade is released from the handle, having a blade of over one and one-half inches or a device or case which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife, or any knife with a detachable blade capable of being propelled by any mechanism, slung shot, sling shot, bean blower, sword cane, pistol cane, bludgeon, blackjack, nunchaku, zoobow, also known as klackers or kung fu sticks, or any similar weapon consisting of two sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather, a shuriken or any similar pointed starlike object intended to injure a person when thrown, or a manrikigusari or similar length of chain having weighted ends; or metallic knuckles or knuckles of any other substance which could be put to the same use and with the same or similar effect as metallic knuckles, shall be punished by a fine of not less than fifty nor more than one thousand dollars or by imprisonment for not more than six months; provided, however, that sling shots may be manufactured and sold to clubs or associations conducting sporting events where such sling shots are used.


CREDIT(S)


Amended by St.1951, c. 219; St.1952, c. 286; St.1956, c. 280; St.1957, c. 688, § 30; St.1975, c. 585, § 2; St.1986, c. 581, § 2; St.1987, c. 123; St.1987, c. 465, §§ 62, 72.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 12A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 12A. Air rifles; sale to minors


Whoever sells to a minor under the age of eighteen or whoever, not being the parent, guardian or adult teacher or instructor, furnishes to a minor under the age of eighteen an air rifle or so-called BB gun, shall be punished by a fine of not less than fifty nor more than two hundred dollars or by imprisonment for not more than six months.


CREDIT(S)


Added by St.1951, c. 263. Amended by St.1959, c. 296, § 9.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 12B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 12B. Air rifles; possession by minors; shooting


No minor under the age of eighteen shall have an air rifle or so-called BB gun in his possession while in any place to which the public has a right of access unless he is accompanied by an adult or unless he is the holder of a sporting or hunting license and has on his person a permit from the chief of police of the town in which he resides granting him the right of such possession. No person shall discharge a BB shot, pellet or other object from an air rifle or so-called BB gun into, from or across any street, alley, public way or railroad or railway right of way, and no minor under the age of eighteen shall discharge a BB shot, pellet or other object from an air rifle or BB gun unless he is accompanied by an adult or is the holder of a sporting or hunting license. Whoever violates this section shall be punished by a fine of not more than one hundred dollars, and the air rifle or BB gun or other weapon shall be confiscated. Upon a conviction of a violation of this section the air rifle or BB gun or other weapon shall, by the written authority of the court, be forwarded to the colonel of the state police, who may dispose of said article in the same manner as prescribed in section ten.


CREDIT(S)


Added by St.1951, c. 263. Amended by St.1957, c. 688, § 31; St.1968, c. 737, § 16; St.1996, c. 151, § 493.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 12C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 12C. Repealed, 1957, 688, Sec. 32



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 12D


Effective: November 22, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 12D. Rifle or shotgun loaded with shells or cartridges; unloaded rifle or shotgun; carrying on public way prohibited; exceptions; punishment


(a) Except as exempted or provided by law, no person shall carry on his person on any public way a loaded rifle or shotgun having cartridges or shells in either the magazine or chamber thereof. For purposes of this section, “loaded shotgun or loaded rifle” shall mean any shotgun or rifle having ammunition in either the magazine or chamber thereof, such ammunition including a live cartridge, primer (igniter), bullet or propellant powder designed for use in any firearm, rifle or shotgun and, in the case of a muzzle loading or black powder shotgun or rifle, containing powder in the flash pan, a percussion cap and shot or ball; but the term “loaded shotgun or loaded rifle” shall not include a shotgun or rifle loaded with a blank cartridge, which contains no projectile within such blank or within the bore or chamber of such shotgun or rifle.


Whoever violates the provisions of this subsection shall be punished by a fine of not less than $500 nor more than $5,000 or by imprisonment in the house of correction for not more than two years, or by both such fine and imprisonment, and may be arrested without a warrant; provided, however, that if such rifle or shotgun is a large capacity weapon, as defined in section 121 of chapter 140, such person shall be punished by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and may be arrested without a warrant.


(b) Except as exempted or provided by law, no person shall carry on his person on any public way an unloaded rifle or shotgun, unless such rifle or shotgun is enclosed in a case.


Whoever violates the provisions of this subsection shall be punished by a fine of not less than $100 nor more than $1,000, and may be arrested without a warrant; provided, however, that if such unloaded rifle or shotgun is a large capacity weapon and is carried simultaneously with a fully or partially loaded large capacity feeding device, such person shall be punished by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and may be arrested without a warrant.


This subsection shall not apply to drills, parades, military reenactments or other commemorative ceremonies, color guards or memorial service firing squads, so-called, as permitted by law.


(c) Upon a conviction of a violation of any provision of this section, such rifle or shotgun shall be confiscated by the commonwealth and, upon written order of the court, such weapon shall be forwarded to the colonel of the state police, who may dispose of such weapon in the manner prescribed in section 10.


(d) The provisions of this section shall not apply to the carrying of a loaded or unloaded rifle or shotgun on a public way by (i) any officer, agent or employee of the commonwealth or any other state or the United States, including any federal, state or local law enforcement personnel; (ii) any member of the military or other service of any state or the United States, including members of the national guard, reserves and junior reserve officer training corps; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; provided, however, that any such person described in clauses (i) to (iii), inclusive, shall be authorized by a competent authority to so carry a loaded or unloaded rifle or shotgun on a public way and such person is acting within the scope of his duties or training; or (iv) a person who is lawfully engaged in hunting and is the holder of a valid hunting or sporting license issued pursuant to chapter 131. This section shall not apply to the operation of a shooting gallery, licensed and defined under the provisions of section 56A of chapter 140, nor to persons using the same.


CREDIT(S)


Added by St.1957, c. 688, § 33. Amended by St.1968, c. 737, § 17; St.1996, c. 151, § 494; St.1998, c. 180, § 72; St.1998, c. 358, § 10; St.2005, c. 137, eff. Nov. 22, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 12E


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 12E. Discharge of a firearm within 500 feet of a dwelling or other building in use; exceptions


Whoever discharges a firearm as defined in section one hundred and twenty-one of chapter one hundred and forty, a rifle or shotgun within five hundred feet of a dwelling or other building in use, except with the consent of the owner or legal occupant thereof, shall be punished by a fine of not less than fifty nor more than one hundred dollars or by imprisonment in a jail or house of correction for not more than three months, or both. The provisions of this section shall not apply to (a) the lawful defense of life and property; (b) any law enforcement officer acting in the discharge of his duties; (c) persons using underground or indoor target or test ranges with the consent of the owner or legal occupant thereof; (d) persons using outdoor skeet, trap, target or test ranges with the consent of the owner or legal occupant of the land on which the range is established; (e) persons using shooting galleries, licensed and defined under the provisions of section fifty-six A of chapter one hundred and forty; and (f) the discharge of blank cartridges for theatrical, athletic, ceremonial, firing squad, or other purposes in accordance with section thirty-nine of chapter one hundred and forty-eight.


CREDIT(S)


Added by St.1971, c. 223. Amended by St.1972, c. 261.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 12F


Effective: September 5, 2002


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 12F. Airport secure areas; possession or placement of a cutting device or prohibited weapon; punishment


(a) For the purposes of this section, the following words shall have the following meanings:--


“Airplane”, an aircraft operated by an air carrier holding a certificate issued under 49 U.S.C. 41101 or any aircraft ordinarily used to transport passengers or cargo for hire.


“Cutting device”, any knife, cutlery, straight razor, box cutter or other device containing a fixed, folding or retractable blade, which is not included in the list of weapons set forth in paragraph (b) of section 10.


“Prohibited weapon”, any infernal machine as defined in section 102A of chapter 266, any stun gun as defined in section 131J of chapter 140, any rifle, shotgun or firearm as defined in section 121 of chapter 140 or any weapon included in the list of weapons set forth in paragraph (b) of section 10.


“Secure area”, any area of an airport to which access is restricted through security measures by the airport authority or a public agency and the area beyond a passenger or property screening checkpoint at an airport.


“Airplane cabin”, any passenger or flight crew area within an airplane while the airplane is on the ground in the commonwealth or over the commonwealth.


(b) Whoever occupies, or attempts to enter or occupy, a secure area of an airport or the cabin of an airplane, knowingly having in his possession or in his control and knowingly concealing, a cutting device or a prohibited weapon, notwithstanding any license to possess such a weapon or device, shall be punished by imprisonment in the house of correction for not more than 2   1/2 years or by imprisonment in the state prison for not more than 5 years or by a fine of not more than $5,000, or by both such fine and imprisonment.


(c) Whoever, with intent to commit a felony, occupies, or attempts to enter or occupy, a secure area of an airport or the cabin of an airplane knowingly having in his possession or in his control a cutting device or a prohibited weapon shall be punished by imprisonment in the house of correction for not more than 2 years or by imprisonment in the state prison for not more than 10 years or by a fine of not more than $10,000, or by both such fine and imprisonment.


(d) Whoever, with intent to commit a felony, places, attempts to place or attempts to have placed within a secure area of an airport or the cabin of an airplane, a prohibited weapon or cutting device, notwithstanding any license to possess such a weapon or device, shall be punished by imprisonment in the house of correction for not more than 2   1/2 years or by imprisonment in the state prison for not more than 10 years or by a fine of not more than $10,000, or by both such fine and imprisonment.


(e) Whoever willfully and without regard for the safety of human life, or with reckless disregard for the safety of human life, violates subsection (b), (c) or (d) shall be punished by imprisonment in the state prison for not more than 20 years or by a fine of not more than $20,000, or by both such fine and imprisonment.


(f) This section shall not apply to:--


(1) any law enforcement officer of a state or political subdivision of a state, an officer or employee of the United States government or United States military personnel authorized to carry prohibited weapons or cutting devices in an official capacity;


(2) a duly licensed individual transporting an unloaded, lawful weapon or cutting device in baggage not accessible to a passenger in flight and, in the case of a lawful weapon, if the air carrier was informed of the presence of the weapon;


(3) a cutting device, which is otherwise lawfully possessed, ordinarily used in the course of the holder's employment, trade or occupation, while the holder is authorized to conduct such employment, trade or occupation within a secure area of an airport or airplane cabin.


CREDIT(S)


Added by St.2002, c. 313, § 11.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 13. False alarms of fire


Whoever, without reasonable cause, by outcry or the ringing of bells, or otherwise, makes or circulates or causes to be made or circulated a false alarm of fire shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in a jail or house of correction for not more than one year.


CREDIT(S)


Amended by St.1968, c. 122; St.1970, c. 391; St.1971, c. 408.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 13A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 13A. False reports to police officers


Whoever intentionally and knowingly makes or causes to be made a false report of a crime to police officers shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment in a jail or house of correction for not more than one year, or both.


CREDIT(S)


Added by St.1982, c. 219.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 14


Effective: September 5, 2002


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 14. Deadly weapons, explosives, chemical or biological agents, or other deadly device or substance; threatened use or presence; threat to hijack; disruption of school, public building or transport; punishment; restitution


(a) For the purposes of this section, the following words shall have the following meanings:--


“Hijack”, to commandeer or to take control without authority.


“School”, any public or private preschool, headstart facility, elementary, vocational or secondary school, college or university.


“Serious bodily injury”, bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ, or substantial risk of death.


(b) Whoever willfully communicates or causes to be communicated, either directly or indirectly, orally, in writing, by mail, by use of a telephone or telecommunication device including, but not limited to, electronic mail, Internet communications and facsimile communications, through an electronic communication device or by any other means, a threat:--


(1) that a firearm, rifle, shotgun, machine gun or assault weapon, as defined in section 121 of chapter 140, an explosive or incendiary device, a dangerous chemical or biological agent, a poison, a harmful radioactive substance or any other device, substance or item capable of causing death, serious bodily injury or substantial property damage, will be used at a place or location, or is present or will be present at a place or location, whether or not the same is in fact used or present; or


(2) to hijack an aircraft, ship, or common carrier thereby causing anxiety, unrest, fear, or personal discomfort to any person or group of persons shall be punished by imprisonment in the state prison for not more than 20 years or imprisonment in the house of correction for not more than 2   1/2 years, or by fine of not more than $10,000, or by both such fine and imprisonment.


(c) Whoever willfully communicates or causes to be communicated such a threat thereby causing either the evacuation or serious disruption of a school, school related event, school transportation, or a dwelling, building, place of assembly, facility or public transport, or an aircraft, ship or common carrier, or willfully communicates or causes serious public inconvenience or alarm, shall be punished by imprisonment in the state prison for not less than 3 years nor more than 20 years or imprisonment in the house of correction for not less than 6 months nor more than 2   1/2 years, or by fine of not less than $1,000 nor more than $50,000, or by both such fine and imprisonment.


(d) The court shall, after conviction, conduct a hearing to ascertain the extent of costs incurred, damages and financial loss suffered by an individual, public or private entity and the amount of property damage caused as a result of the defendant's crime. A person found guilty of violating this section shall, in all cases, in addition to any other punishment, be ordered to make restitution to the individual, public or private entity for any costs incurred, damages and financial loss sustained as a result of the commission of the crime. Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof, however, the court shall consider the defendant's present and future ability to pay in its determinations regarding a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.


(e) Nothing in this section shall authorize the criminal prosecution of picketing, public demonstrations or other similar forms of expressing views.


CREDIT(S)


Added by St.1957, c. 210. Amended by St.1958, c. 322; St.1971, c. 784, § 2; St.2002, c. 313, § 12.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 14A


Effective: May 3, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 14A. Annoying telephone calls or electronic communication


Whoever telephones another person or contacts another person by electronic communication, or causes a person to be telephoned or contacted by electronic communication, repeatedly, for the sole purpose of harassing, annoying or molesting the person or the person’s family, whether or not conversation ensues, or whoever telephones or contacts a person repeatedly by electronic communication and uses indecent or obscene language to the person, shall be punished by a fine of not more than $500 or by imprisonment for not more than 3 months, or by both such a fine and imprisonment.


For purposes of this section, “electronic communication” shall include, but not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system.


CREDIT(S)


Added by St.1964, c. 668. Amended by St.1965, c. 521; St.1978, c. 379, § 3; St.2010, c. 92, § 12, eff. May 3, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 14B


Effective: July 31, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 14B. Willful and malicious communication of false information to public safety answering points; penalty


As used in this section, the following words shall have the following meanings:--


“Emergency response services provider”, a police department, fire department, emergency medical service provider, PSAP, public safety department, private safety department or other public safety agency.


“PSAP”, a facility assigned the responsibility of receiving 911 calls and, as appropriate, directly dispatching emergency response services or transferring or relaying emergency 911 calls to other public or private safety agencies or other PSAPs.


“Silent call”, a call or other communication made to a PSAP in which the initiating party fails to provide information regarding his or her identity or location or the nature of the emergency. The initiating party shall not be considered to have provided any information that is automatically transmitted by a communication device or network upon connection with a PSAP including, but not be limited to, automatic location information and automatic number information.


(a) Whoever willfully and maliciously communicates with a PSAP, or causes a communication to be made to a PSAP, which communication transmits information which the person knows or has reason to know is false and which results in the dispatch of emergency services to a nonexistent emergency or to the wrong location of an actual emergency; or (b) whoever willfully and maliciously, makes or causes to be made 3 or more silent calls to any PSAP and thereby causes emergency services to be dispatched 3 or more times shall be punished by imprisonment in the house of correction for not more than 2   1/2 years or by a fine of not more than $1,000. Whoever commits a second or subsequent violation of this section shall be punished by imprisonment in the house of correction for not more than 2   1/2 years or by imprisonment in the state prison for not more than 10 years or by a fine of not more than 5,000 dollars, or by both such fine and imprisonment.


(b) Upon any conviction of this section, the court shall conduct a hearing to ascertain the extent of costs incurred, and damages and financial loss sustained by any emergency response services provider as a result of the violation and shall order the defendant to make restitution to the emergency response services provider or providers for any such costs, damages or loss. Restitution shall not be waived and shall be imposed in addition to any imprisonment or fine, and not in lieu thereof, except that the court shall consider the defendant's present and future ability to pay restitution in its determinations relative to the imposition of a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose upon the defendant.


CREDIT(S)


Added by St.2008, c. 223, § 16, eff. July 31, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 15. Stink bombs; sale


Whoever sells or offers for sale a stink bomb shall be punished by a fine of not less than ten nor more than two hundred dollars. As used in this section the words “stink bomb” shall mean a small bomb that gives off a foul odor on bursting or any compound or device prepared for the primary purpose of generating a foul odor and sold or offered for sale for such purpose.


CREDIT(S)


Added by St.1965, c. 29.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 16. Arrowheads used for hunting; sale


Whoever sells or offers for sale devices known as broadheads, razorheads, or any other arrowhead used exclusively for hunting purposes to any person under fifteen years of age shall be punished by a fine of one hundred dollars upon conviction of the first offense, five hundred dollars upon conviction of the second offense, and one thousand dollars and not less than six months nor more than one year in a house of correction for the third and subsequent offenses.


CREDIT(S)


Added by St.1977, c. 240.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 17


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 17. Hazing; organizing or participating; hazing defined


Whoever is a principal organizer or participant in the crime of hazing, as defined herein, shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year, or both such fine and imprisonment.


The term “hazing” as used in this section and in sections eighteen and nineteen, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which wilfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.


Notwithstanding any other provisions of this section to the contrary, consent shall not be available as a defense to any prosecution under this action.


CREDIT(S)


Added by St.1985, c. 536. Amended by St.1987, c. 665.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 18. Failure to report hazing


Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars.


CREDIT(S)


Added by St.1985, c. 536. Amended by St.1987, c. 665.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 269 § 19


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 269. Crimes Against Public Peace (Refs & Annos)

§ 19. Copy of Secs. 17 to 19; issuance to students and student groups, teams and organizations; report


Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group, student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group, student team or student organization, a copy of this section and sections seventeen and eighteen; provided, however, that an institution's compliance with this section's requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams or organizations shall not constitute evidence of the institution's recognition or endorsement of said unaffiliated student groups, teams or organizations.


Each such group, team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members, plebes, pledges or applicants for membership. It shall be the duty of each such group, team or organization, acting through its designated officer, to deliver annually, to the institution an attested acknowledgement stating that such group, team or organization has received a copy of this section and said sections seventeen and eighteen, that each of its members, plebes, pledges, or applicants has received a copy of sections seventeen and eighteen, and that such group, team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen.


Each institution of secondary education and each public or private institution of post secondary education shall, at least annually, before or at the start of enrollment, deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen.


Each institution of secondary education and each public or private institution of post secondary education shall file, at least annually, a report with the board of higher education and in the case of secondary institutions, the board of education, certifying that such institution has complied with its responsibility to inform student groups, teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing, and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institution's policies to its students. The board of higher education and, in the case of secondary institutions, the board of education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution which fails to make such report.


CREDIT(S)


Added by St.1985, c. 536. Amended by St.1987, c. 665; St.1998, c. 161, §§ 557, 558.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 270, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 1. Adulterating liquor; sale; forfeiture


Whoever, for the purpose of sale, adulterates any liquor used or intended for drink with Indian cockle, vitriol, grains of paradise, opium, alum, cochineal, capsicum, copperas, laurel water, logwood, Brazil wood, sugar of lead or any other substance poisonous or injurious to health, and whoever knowingly sells any such liquor so adulterated, shall be punished by imprisonment in the state prison for not more than three years; and the articles so adulterated shall be forfeited.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 1A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 1A. Eyeglasses or sunglasses; specifications; flammable frames; sales


No person shall distribute, sell or deliver any eyeglasses or sunglasses unless said eyeglasses or sunglasses are fitted with plastic lenses, laminated lenses, heat-treated glass lenses or lenses made impact-resistant by other methods. The provisions of this paragraph shall not apply if a physician or optometrist, having found that such lenses will not fulfill the visual requirements of a particular patient, directs in writing the use of other lenses and gives written notification thereof to the patient. Before they are mounted in frames, all impact-resistant eyeglass and sunglass lenses shall be capable of withstanding an impact test of a steel ball five-eighths of an inch in diameter weighing approximately fifty-six hundredths of an ounce dropped from a height of fifty inches. Raised ledge multifocal lenses shall be capable of withstanding said impact test but need not be tested beyond initial design testing. All prescription glass lenses shall withstand said impact test. To demonstrate that all nonprescription glass lenses, plastic lenses and laminated lenses are capable of withstanding said impact test, the manufacturer of such lenses shall subject to said impact test a statistically significant sampling of lenses from each production batch, and the lenses so tested shall be representative of the finished forms as worn by the wearer. Plastic prescription and plastic nonprescription lenses, tested on the basis of statistical significance, may be tested in uncut finished or semifinished form at the point of original manufacture.


No person shall distribute, sell, exchange or deliver or have in his possession with intent to distribute, sell, exchange or deliver any eyeglass or sunglass frame containing any form of cellulose nitrate or other highly flammable material.


Whoever violates any provision of this section shall be punished by a fine of not more than five hundred dollars for each violation.


CREDIT(S)


Added by St.1970, c. 471, § 1. Amended by St.1973, c. 598; St.1979, c. 381.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§§ 2 to 2B. Repealed, 1960, 727, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 2B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§§ 2 to 2B. Repealed, 1960, 727, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 3. Drugs or other substance injurious to users; distribution


Whoever distributes, delivers or gives away in any public way or from house to house or place to place, any bottle, box, envelope or package containing any liquid, medicine, pill, powder, tablet or other article composed of any drug, poison or other ingredient or substance which may be in any way injurious or harmful to any person who may taste, eat, drink or otherwise use the same, shall be punished by a fine of not less than fifty nor more than one hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 3A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 3A. Poison for rodents; placement where it may cause injury


Whoever negligently or maliciously places any poison or poisoned food for the control of rats, mice or other rodents in any place where it may cause injury to any human being or domestic animal shall be punished by a fine of twenty-five dollars. The officers charged with the enforcement of the laws relating to fish, birds and mammals under chapter one hundred and thirty-one shall take cognizance of violations of this section and enforce the provisions thereof, and they shall have all powers necessary therefor.


CREDIT(S)


Added by St.1951, c. 444.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 4. Wood alcohol contained in food or drink; sale or possession


Whoever, himself, or by his servant or agent, or as the servant or agent of another, sells or exchanges, or has in his possession with intent to sell or exchange, or knowingly delivers or has in his possession with intent to deliver, any article of food or drink, or any drug intended for internal use, containing any wood alcohol, otherwise known as methyl alcohol, either crude or refined, under or by whatever name or trade mark the same may be called or known, shall be punished by a fine of not more than five thousand dollars or by imprisonment in a jail or house of correction for not more than two and one half years or in the state prison for not more than five years, or by both such fine and imprisonment.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 5. Alcoholic beverages or drugs; sale or delivery to hospital patients


Whoever, except under the direction of a physician, gives, sells or delivers alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, or a narcotic drug to a patient in any hospital who is suffering from inebriety or from the effect of inebriety, or from excessive use of narcotic drugs or from the effect of such use, and whoever has in his possession within the precincts of any hospital any such beverage or drug with intent to convey or deliver it to any such patient, except under direction as aforesaid, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than two months.


CREDIT(S)


Amended by St.1934, c. 328, § 27.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 6. Tobacco; sale or gift to minors


Whoever sells a cigarette, chewing tobacco, snuff or any tobacco in any of its forms to any person under the age of eighteen or, not being his parent or guardian, gives a cigarette, chewing tobacco, snuff or tobacco in any of its forms to any person under the age of eighteen shall be punished by a fine of not less than one hundred dollars for the first offense, not less than two hundred dollars for a second offense and not less than three hundred dollars for any third or subsequent offense.


CREDIT(S)


Amended by St.1985, c. 345.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 6A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 6A. Sale of cigarette rolling papers to minors


Whoever sells cigarette rolling papers to any person under the age of eighteen shall be punished by a fine of not less than twenty-five dollars for the first offense, not less than fifty dollars for the second offense and not less than one hundred dollars for a third or subsequent offense.


Notwithstanding the provisions of any civil ordinance or by-law or regulation to the contrary, which is in effect on the effective date of this section, no city, town, department, board or other political subdivision or agency of the commonwealth may impose any requirements, restrictions or prohibitions pertaining to the sale of cigarette rolling papers, in addition to those in this section.


CREDIT(S)


Added by St.1995, c. 245, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 7. Posting copy of Sec. 6; removing copy


A copy of the preceding section printed as therein specified shall be posted conspicuously by the owner or person in charge thereof in the shop or other place used to sell cigarettes at retail, and whoever violates this provision shall be punished by a fine of not more than fifty dollars. Any person unlawfully removing a copy so posted while said premises are used for the sale of cigarettes shall be punished by a fine of ten dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 8. Candy containing alcohol; sale


Whoever sells to a person any candy enclosing or containing liquid or syrup having more than one per cent of alcohol shall be punished by a fine of not more than one hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 8A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 8A. Foods containing foreign injury causing substances; distribution or sale


Whoever sells, gives, or distributes to anyone candy or other food or foodstuffs containing a foreign substance, which is intended or may reasonably be expected to cause injury to a person eating the same, shall be punished by imprisonment in the state prison for not more than five years.


CREDIT(S)


Added by St.1977, c. 861.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 9. Feeding garbage or refuse to animals


Whoever knowingly feeds or has in his possession with intent to feed to a milch cow any garbage, refuse or offal collected by a town, or by any person having authority therefrom, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than two months; and whoever knowingly feeds or has in his possession with intent to feed to any food animal, except swine, any garbage, refuse or offal collected by a city of more than thirty thousand inhabitants shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than one month.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 10. Toys or confectionery containing or coated with material containing arsenic


Whoever, himself, or by his agent or servant, or as the agent or servant of another, manufactures, sells or exchanges, or has in his custody or possession with intent to sell or exchange, or exposes or offers for sale or exchange, any toys or confectionery, containing or coated wholly or in part with arsenic, shall be punished by a fine of not less than fifty nor more than one hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 11. Arsenic; samples for analysis


Whoever offers or exposes for sale or exchange any paper, fabric or other article shall furnish a sample thereof sufficient to ascertain by analysis the existence of arsenic therein, if such sample can be obtained without damage to the remaining portion, to any inspector, chemist or other agent or officer of the department of public health who applies therefor and tenders the value thereof; and for a violation of this section shall be punished as provided in the preceding section.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 12. Fabric or paper containing arsenic


Whoever, himself, or by his agent or servant, manufactures, sells or exchanges, or has in his custody or possession with intent to sell or exchange, any woven fabric or paper containing arsenic in any form, or any article of dress or household use composed wholly or in part of such woven fabric or paper, shall be punished by a fine of not less than fifty nor more than two hundred dollars; but this section shall not apply to articles intended for the destruction of insects, having the word “POISON” plainly printed in uncondensed gothic letters not less than one inch long on both sides of each sheet and square foot of the fabric, or to dress goods or articles of dress containing not more than one one-hundredth grain, or to other materials or articles containing not more than one tenth grain of arsenic for each square yard of the material. The department of public health shall make all necessary investigations as to the existence of arsenic in the aforesaid articles and materials, employ inspectors and chemists, and adopt such measures as are necessary to enforce this section.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 13. Water; refusal or neglect to furnish


A corporation engaged in selling or distributing water, which refuses or neglects to furnish or supply water to or for any building or premises for the reason that a water bill remains unpaid by a previous owner or occupant of said building or premises shall, unless the person applying for water is in arrears to such corporation for water previously furnished to or for any building or premises, be punished by a fine of not less than ten nor more than twenty dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 14. Spitting


Whoever expectorates or spits upon any public sidewalk, or upon any place used exclusively or principally by pedestrians, or, except in receptacles provided for the purpose, in or upon any part of any city or town hall, any court house or court room, any public library or museum, any church or theatre, any lecture or music hall, any mill or factory, any hall of any tenement building occupied by five or more families, any school building, any ferry boat or steamboat, any railroad car or elevated railroad car, except a smoking car, any street railway car, any railroad or railway station or waiting room, or on any track, platform or sidewalk connected therewith, and included within the limits thereof, shall be punished by a fine of not more than twenty dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 15. Arrest without warrant for spitting


Any person detected in the act of violating the preceding section may, if his name is unknown to the officer, be arrested without a warrant by any officer authorized to serve criminal process in the place where the offence is committed and kept in custody until he can be taken before a court having jurisdiction of such offence.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 16


Effective: August 9, 2002


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 16. Disposal of rubbish, etc. on or near highways and coastal or inland waters; penalties; enforcement; park rangers


Whoever places, throws, deposits or discharges or whoever causes to be placed, thrown, deposited or discharged, trash, bottles or cans, refuse, rubbish, garbage, debris, scrap, waste or other material of any kind on a public highway or within 20 yards of a public highway, or on any other public land, or in or upon coastal or inland waters, as defined in section 1 of chapter 131, or within 20 yards of such waters, or on property of another, or on lands dedicated for open space purposes, including lands subject to conservation restrictions and agricultural preservation restrictions as defined in chapter 184, shall be punished by a fine of not more than $5,500 for the first offense and a fine not to exceed $15,000 for each subsequent offense; provided, however, that 50 per cent of the fine imposed shall be deposited in the conservation trust established in section 1 of chapter 132A and the court may also require that the violator remove, at his own expense, the trash, refuse, rubbish, debris or materials. The permission of the owner of land to place, throw, deposit or discharge trash, refuse, rubbish, garbage, debris, scrap, waste or other material on the owner's land shall constitute a defense in any trial for such offense.


If a motor vehicle is used in committing such an offense where the offense involves the unlawful disposal of more than seven cubic feet of trash, bottles or cans, refuse, rubbish, garbage, debris scrap, waste or any other materials and the motor vehicle is observed while the offense is in progress by an officer authorized to enforce this section, the officer may seize the vehicle and remove and store it or otherwise immobilize it by a mechanical device until (1) payment is made to the enforcing authority of a fine set by such enforcing authority up to the maximum fine which may be imposed under this section, (2) the illegally disposed of material is removed and legally disposed of, and (3) payment is made to the enforcing authority of its reasonable towing and storage charges, if any, for the seized vehicle. If, after payment of the above fine and towing and storage charges, the use of the seized vehicle is necessary to dispose of the material, the enforcing authority shall release the seized vehicle upon the posting of security sufficient to pay for the cost of legal disposal of the material. The security shall be returned to the person posting it upon proof of legal disposal of the material. Within five days of the payment of a fine to secure the release of a seized vehicle as provided for herein, the enforcing authority to whom the fine is paid shall deposit the fine in court along with an application for a criminal complaint regarding the offense, and the court shall hold the fine until judgment is entered on said complaint; provided, however, that at the discretion of the enforcing authority, the violation may be disposed of by the non-criminal disposition procedures pursuant to section twenty-one D of chapter forty, in which case the maximum fine shall be one thousand dollars. If a conviction is returned on the complaint the court shall award to any person or persons, other than an employee of the enforcing authority, whose information materially contributed to the identification of the convicted party, up to five hundred dollars, or forty percent of said fine, whichever is the greater, and the balance of the fine shall be equally divided between the enforcing authority and the court. If such violation is disposed of non-criminally, the balance of such fine, after payment of the award, if any, shall be deposited in the general fund of the enforcing authority. Vehicles seized under the provisions of this section which are not claimed or redeemed by their owners as provided for above within thirty days of the date of seizure, may after thirty days notice by certified mail to the vehicle's registered owner, be sold at auction and the proceeds be applied to the fines assessed herein, vehicle towing and storage costs and the costs for legal disposal of the material. Enforcing authorities shall adopt appropriate rules and regulations which provide for the orderly implementation of this section.


If a motor vehicle is used in committing such an offense, a conviction under this section shall forthwith be reported by the court to the registrar of motor vehicles, and the registrar may suspend the license of the operator of such vehicle for not more than thirty days, and if it appears from the records of the registrar of motor vehicles that the person so convicted is the owner of the motor vehicle so used, the registrar may suspend the certificate of registration of said vehicle for thirty days.


The provisions of this section shall not be applicable to any dumping ground approved under section one hundred and fifty A of chapter one hundred and eleven or by other appropriate public authority.


This section shall be enforced by natural resources officers, by the director of the division of motorboats or his authorized agents, by harbormasters and assistant harbormasters, by members of the state police and by city and town police officers. A city by majority vote of the city council, with the approval of the mayor, or in a town by a vote of its town meeting may enforce this section by designating its public health agents, health officers and health directors as enforcing officers. In the city of Boston this section shall also be enforced by the commissioner of health and hospitals, by the commissioner of housing inspection, and by the commissioner of public works, and their respective authorized agents, and in section sixteen A, the commissioner of health and hospitals, the commissioner of housing inspection, and the commissioner of public works shall be deemed to be the commanding officers of their respective authorized agents; provided, however, that any person observing a violation of this section may file a petition for issuance of a complaint pursuant to this section with the clerk of the district court having jurisdiction or, in the city of Boston, with the clerk of the Boston municipal court department, and upon determining that probable cause exists therefor, such clerk shall issue such complaint.


Chief park rangers and park rangers shall have the authority to enforce this section on state forests, reservations, parks, rinks, pools, piers and other facilities and properties under the jurisdiction of the department of environmental management. In addition to the fines imposed under this section, the violator may be held liable for costs associated with the identification, removal and disposal of said materials. The department of environmental management shall permanently post signs on all lands under its jurisdiction which identify: 1) the penalties applicable for the violations under this section; and 2) the proper authorities and contact information to report violations.


CREDIT(S)


Added by St.1949, c. 416. Amended by St.1967, c. 116; St.1970, c. 134, §§ 1, 2; St.1971, c. 79; St.1972, c. 191; St.1973, c. 835, § 1; St.1974, c. 39; St.1979, c. 103; St.1979, c. 105; St.1982, c. 130, §§ 1, 2; St.1985, c. 197; St.1988, c. 151; St.1989, c. 429; St.1990, c. 150, § 342; St.1990, c. 301, §§ 1, 2; St.1991, c. 412, § 99; St.1992, c. 133, § 568; St.1993, c. 182, § 25; St.2002, c. 236, §§ 15, 16.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 16A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 16A. Alternative noncriminal disposition of violations of Sec. 16


If any officer empowered to enforce section sixteen takes cognizance of a violation thereof, he may request the offender to state his name and address. Whoever, upon such request, refuses to state his name and address, may be arrested without a warrant, or if he states a false name and address or a name and address which is not his name and address in ordinary use, he shall be punished by a fine of not less than fifty nor more than one hundred dollars. Such officer may, as an alternative to instituting criminal proceedings, forthwith give to the offender a written notice to appear before the clerk of the district court having jurisdiction at any time during office hours, not later than twenty-one days after the date of such violation. Such notice shall be made in triplicate, and shall contain the name and address of the offender and, if served with notice in hand at the time of such violation, the number of his license, if any, to operate motor vehicles; the registration number of the vehicle or motor boat involved, if any; the time and place of the violation; the specific offense charged; and the time and place for his required appearance. Such notice shall be signed by the officer, and shall be signed by the offender whenever practicable in acknowledgment that the notice has been received. The officer shall, if possible, deliver to the offender at the time and place of the violation a copy of said notice. Whenever it is not possible to deliver a copy of said notice to the offender at the time and place of the violation, said copy shall be mailed or delivered by the officer, or by his commanding officer or any person authorized by said commanding officer, to the offender's last known address, or in the case of a violation involving a motor vehicle or motor boat registered under the laws of this commonwealth, within five days of the offense, or in the case of any motor vehicle or motor boat registered under the laws of another state or country, within ten days thereof, exclusive, in either case, of Sundays and holidays, to the address of the registrant of the motor vehicle or motor boat involved, as appearing, in the case of a motor vehicle registered under the laws of this commonwealth, in the records of the registry of motor vehicles or the division of motor boats or, in the case of a motor vehicle or motor boat registered under the laws of another state or country in the records of the official in such state or country having charge of the registration of such motor vehicle or motor boat. Such notice mailed by the officer, his commanding officer, or the person so authorized to the last address of said registrant as appearing as aforesaid, shall be deemed a sufficient notice, and a certificate of the officer or person mailing such notice that it has been mailed in accordance with this section shall be deemed prima facie evidence thereof and shall be admissible in any court of the commonwealth as to the facts contained therein. At or before the completion of each tour of duty the officer shall give to his commanding officer those copies of each notice of such a violation he has taken cognizance of during such tour which have not already been delivered or mailed by him as aforesaid. Said commanding officer shall retain one of such copies and shall, at a time not later than the next court day after said delivery or mailing, deliver another copy to the clerk of the court before whom the offender has been notified to appear. The clerk of each district court shall maintain a separate docket of all such notices to appear.


Any person notified to appear before the clerk of a district court as hereinbefore provided may appear before such clerk and confess the offense charged, either personally or through an agent duly authorized in writing, or by mailing to such clerk, with the notice, the sum provided herein, such payment to be made only by postal note, money order or check. If it is the first, second or third offense subject to this section committed by such person within the jurisdiction of the court in the calendar year, payment to such clerk of the sum of twenty dollars shall operate as a final disposition of the case; if it is the fourth or subsequent such offense so committed in such calendar year, payment to such clerk of the sum of one hundred dollars shall operate as a final disposition of the case. Proceedings under this paragraph shall not be deemed criminal; and no person notified to appear before the clerk of a district court as provided herein shall be required to report to any probation officer, and no record of the case shall be entered in the probation records.


If any person notified to appear before the clerk of the district court fails to appear and pay the fine provided hereunder or, having appeared, desires not to avail himself of the procedure hereinbefore provided for the non-criminal disposition of the case, the clerk shall notify the officer concerned, who shall forthwith make application for a criminal complaint and follow the procedure established for criminal cases, and shall notify, if a motor vehicle is involved, the registrar of motor vehicles, or, if a motor boat is involved, the division of motor boats. If any person fails to appear in accordance with the summons issued upon such complaint the clerk shall send such person by certified mail, return receipt requested, a notice that the complaint is pending and that, if the person fails to appear within twenty-one days from the sending of such notice, a warrant for his arrest will be issued. If any person fails to appear within twenty-one days from the sending of such notice, the court shall issue a warrant for his arrest.


The notice to appear, provided herein, shall be printed in such form as the chief justice for the district court department and the chief justice for the Boston municipal court department may prescribe for their respective departments; provided, however, that a notice prepared pursuant to section twenty A or section twenty C of chapter ninety may be so revised or adapted that said notice may also be used for the notice provided for in this section.


CREDIT(S)


Added by St.1971, c. 358. Amended by St.1973, c. 1107; St.1978, c. 478, § 279; St.1990, c. 301, § 3; St.1992, c. 133, § 569; St.1993, c. 182, § 26.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 17


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 17. Garbage or refuse; disposal in containers placed along highways


Whoever disposes of household or commercial garbage or refuse by placing it in a trash barrel placed on a public highway by the commonwealth, or by any political subdivision thereof for the convenience of the traveling public shall be punished by a fine of not less than two hundred dollars. One-half of any fine paid into a court shall be paid over to the city or town where said offense occurred.


CREDIT(S)


Added by St.1962, c. 367. Amended by St.1963, c. 144; St.1983, c. 144.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 17A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 17A. Repealed, 1979, 704, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 18. Substance having property of releasing toxic vapors


No person shall intentionally smell or inhale the fumes of any substance having the property of releasing toxic vapors, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulled senses or nervous system, nor possess, buy or sell any such substance for the purpose of violating or aiding another to violate this section.


This section shall not apply to the inhalation of anesthesia for medical or dental purposes.


Whoever violates the provisions of this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both.


Any person who is discovered by a police officer or special police officer in the act of violating this section may be arrested without a warrant by such police officer or special police officer, and held in custody, in jail, or otherwise, until a complaint is made against him for such offense which complaint shall be made as soon as practicable and in any case within twenty-four hours, Sundays and legal holidays excepted.


CREDIT(S)


Added by St.1966, c. 318.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 19


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 19. Glue or cement; sale to minors; smelling deterrent ingredients


Any person who sells glue or cement to a minor shall require such minor to properly identify himself and write his name and address legibly in a permanently bound register. The seller shall keep such register available for police inspection for a period of six months after the last sale is recorded therein. No such glue or cement shall be sold to a minor unless it contains allyl isothiocyanate (oil of mustard) or some other equally effective and safe deterrent against smelling or inhaling the fumes of such glue or cement.


As used in this section, “glue” or “cement” shall mean any glue or cement that contains a solvent or chemical having the property of releasing toxic vapors.


Whoever violates the provisions of this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both.


CREDIT(S)


Added by St.1967, c. 154. Amended by St.1970, c. 533, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 20


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 20. Burning of refuse, etc. within marine or shoreline boundaries


No person shall burn refuse, rubbish or demolition debris within the marine boundaries of the commonwealth, or within twelve miles from the shoreline of the commonwealth, whichever is the shorter distance. Whoever violates any provision of this section shall be punished by a fine of not less than two hundred and fifty dollars nor more than one thousand dollars.


CREDIT(S)


Added by St.1971, c. 304.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270§ 21


Effective: July 5, 2004


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 21. Repealed, 2004, 127, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 22


Effective: July 31, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 22. Smoking in public places


(a) As used in this section, the following words shall have the following meanings, unless the context requires otherwise:


“Business agent”, an individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of the establishment.


“Compensation”, money, gratuity, privilege, or benefit received from an employer in return for work performed or services rendered.


“Customer service area”, an area of the workplace that a business invitee may access.


“Employee”, an individual or person who performs a service for compensation for an employer at the employer's workplace, including a contract employee, temporary employee, and independent contractor who performs a service in the employer's workplace for more than a de minimis amount of time.


“Employer”, an individual, person, partnership, association, corporation, trust, organization, school, college, university or other educational institution or other legal entity, whether public, quasi-public, private, or non-profit which uses the services of 1 or more employees at 1 or more workplaces, at any 1 time, including the commonwealth or its agencies, authorities or political subdivisions.


“Enclosed”, a space bounded by walls, with or without windows or fenestrations, continuous from floor to ceiling and enclosed by 1 or more doors, including but not limited to an office, function room or hallway.


“Lodging home”, a dwelling or part thereof which contains 1 or more rooming units in which space is let or sublet for compensation by the owner or operator to 4 or more persons. The residential portion of boarding houses, rooming houses, dormitories, and other similar dwelling places are included in this definition. Hospitals, sanitariums, jails, houses of correction, homeless shelters, and assisted living homes are not included in this definition.


“Membership association”, a not-for-profit entity that has been established and operates, for a charitable, philanthropic, civic, social, benevolent, educational, religious, athletic, recreation or similar purpose, and is comprised of members who collectively belong to:


(i) a society, organization or association of a fraternal nature that operates under the lodge system, and having 1 or more affiliated chapters or branches incorporated in any state; or


(ii) a corporation organized under chapter 180 ; or


(iii) an established religious place of worship or instruction in the commonwealth whose real or personal property is exempt from taxation; or


(iv) a veterans' organization incorporated or chartered by the Congress of the United States, or otherwise, having 1 or more affiliated chapters or branches incorporated in any state.


Except for a religious place of worship or instruction, an entity shall not be a membership association for the purposes of this definition, unless individual membership is required for all members of the association for a period of not less than 90 days.


“Outdoor space”, an outdoor area, open to the air at all times and cannot be enclosed by a wall or side covering.


“Public building”, a building owned by the commonwealth or any political subdivision thereof, or in an enclosed indoor space occupied by a state agency or department of the commonwealth which is located in a building not owned by the commonwealth.


“Public transportation conveyance”, a vehicle or vessel used in mass public transportation or in the transportation of the public, including a train, passenger bus, school bus or other vehicle used to transport pupils, taxi, passenger ferry boat, water shuttle or other equipment used in public transportation owned by, or operated under the authority of the Massachusetts Bay Transportation Authority, the Woods Hole, Martha's Vineyard & Nantucket Steamship Authority, Massachusetts Port Authority; state transportation department; or a vehicle or vessel open to the public that is owned by, or operated under the authority of a business, including tour vehicles or vessels, enclosed ski lifts or trams, passenger buses or vans regularly used to transport customers. Notwithstanding the foregoing, a private vehicle or vessel not open to the public or not used for the transportation of the public during the times of use, including a private passenger vehicle, a private charter or rental of a limousine, bus or van or the private rental of a boat or other vessel, shall not be considered a public transportation conveyance.


“Residence”, the part of a structure used as a dwelling including without limitation: a private home, townhouse, condominium, apartment, mobile home; vacation home, cabin or cottage; a residential unit in a governmental public housing facility; and the residential portions of a school, college or university dormitory or facility. A residential unit provided by an employer to an employee at a place of employment shall be considered to be a residence; if the unit is an enclosed indoor space used exclusively as a residence, and other employees, excluding family members of the employee, or the public has no right of access to the residence. For the purposes of this definition, a hotel, motel, inn, lodge, bed and breakfast or other similar public accommodation, hospital, nursing home or assisted living facility shall not be considered a residence.


“Retail tobacco store”, an establishment which is not required to possess a retail food permit whose primary purpose is to sell or offer for sale to consumers, but not for resale, tobacco products and paraphernalia, in which the sale of other products is merely incidental, and in which the entry of persons under the age of 18 is prohibited at all times, and maintains a valid permit for the retail sale of tobacco products as required to be issued by the appropriate authority in the city or town where the establishment is located.


“Smoking” or “smoke”, the lighting of a cigar, cigarette, pipe or other tobacco product or possessing a lighted cigar, cigarette, pipe or other tobacco or non-tobacco product designed to be combusted and inhaled.


“Smoking bar”, an establishment that occupies exclusively an enclosed indoor space and that primarily is engaged in the retail sale of tobacco products for consumption by customers on the premises; derives revenue from the sale of food, alcohol or other beverages that is incidental to the sale of the tobacco products; prohibits entry to a person under the age of 18 years of age during the time when the establishment is open for business; prohibits any food or beverage not sold directly by the business to be consumed on the premises; maintains a valid permit for the retail sale of tobacco products as required to be issued by the appropriate authority in the city or town where the establishment is located; and, maintains a valid permit to operate a smoking bar issued by the department of revenue.


“Workplace”, an indoor area, structure or facility or a portion thereof, at which 1 or more employees perform a service for compensation for the employer, other enclosed spaces rented to or otherwise used by the public; and where the employer has the right or authority to exercise control over the space.


“Work space or work spaces”, an enclosed area occupied by an employee during the course of his employment.


(b)(1) It shall be the responsibility of the employer to provide a smoke free environment for all employees working in an enclosed workplace.


(2) Smoking shall be prohibited in workplaces, work spaces, common work areas, classrooms, conference and meeting rooms, offices, elevators, hallways, medical facilities, cafeterias, employee lounges, staircases, restrooms, restaurants, cafes, coffee shops, food courts or concessions, supermarkets or retail food outlets, bars, taverns, or in a place where food or drink is sold to the public and consumed on the premise as part of a business required to collect state meals tax on the purchase; or in a train, airplane, theatre, concert hall, exhibition hall, convention center, auditorium, arena, or stadium open to the public; or in a school, college, university, museum, library, health care facility as defined in section 9C of chapter 112, group child care center, school age child care center, family child care center, school age day or overnight camp building, or on premises where activities are licensed under section 38 of chapter 10 or in or upon any public transportation conveyance or in any airport, train station, bus station, transportation passenger terminal, or enclosed outdoor platform.


(3) A person shall not smoke in the state house or in a public building or in a vehicle or vessel, owned, leased, or otherwise operated by the commonwealth or a political subdivision thereof, or in a space occupied by a state agency or department of the commonwealth which is located in another building, including a private office in a building or space mentioned in this sentence, or at an open meeting of a governmental body as defined in section 11A of chapter 30A, section 23A of chapter 39 and section 9F of chapter 34, or in a courtroom or courthouse. This subsection shall not apply to a resident or patient of a state hospital, the Soldiers' Home in Massachusetts located in the city of Chelsea or the Soldiers' Home in Holyoke.


(c) Notwithstanding subsection (b), smoking may be permitted in the following places and circumstances:


(1) Private residences; except during such time when the residence is utilized as part of a business as a group childcare center, school age child care center, school age day or overnight camp, or a facility licensed by the department of early education and care or as a health care related office or facility;


(2)(i) premises occupied by a membership association, if the premises is owned, or under a written lease for a term of not less than 90 consecutive days, by the association during the time of the permitted activity if the premises are not located in a public building; but no smoking shall be permitted in an enclosed indoor space of a membership association during the time the space is:


(A) open to the public; or


(B) occupied by a non-member who is not an invited guest of a member or an employee of the association; or


(C) rented from the association for a fee or other agreement that compensates the association for the use of such space.


(ii) Smoking may be permitted in an enclosed indoor space of a membership association at all times, if the space is restricted by the association to admittance only of its members, the invited guest of a member, and the employees of the membership association. A person who is a contract employee, temporary employee, or independent contractor shall not be considered an employee of a membership association under this subsection. A person who is a member of an affiliated chapter or branch of a membership association that is fraternal in nature operating under the lodge system, and is visiting the affiliated association, shall be an invited guest for the purposes of this subsection.


(3) A guest room in a hotel, motel, inn, bed and breakfast or lodging home that is designed and normally used for sleeping and living purposes, that is rented to a guest and designated as a smoking room pursuant to paragraph (1) of subsection (g).


(4) A retail tobacco store, if the store maintains a valid permit for the sale of tobacco products issued by the appropriate authority in the city or town in which the retail tobacco store is located. All required permits shall be displayed in a conspicuous manner, visible at all times to patrons of the establishment.


(5) A smoking bar, if the smoking bar maintains a valid permit pursuant to this section. All required permits shall be displayed in a conspicuous manner, visible at all times to patrons of the establishment.


(6) By a theatrical performer upon a stage or in the course of a professional film production, if the smoking is part of a theatrical production, and if permission has been obtained from the appropriate local authority;


(7) By a person, organization or other entity that conducts medical or scientific research on tobacco products, if the research is conducted in an enclosed space not open to the public, in a laboratory facility at an accredited college or university, or in a professional testing laboratory as defined by regulation of the department of public health;


(8) Religious ceremonies where smoking is part of the ritual; and


(9) A tobacco farmer, leaf dealer, manufacturer, importer, exporter, or wholesale distributor of tobacco products, may permit smoking in the workplace for the sole purpose of testing said tobacco for quality assurance purposes; if the smoking is necessary to conduct the test.


<[ There is no subsection (d).]>


(e) If the outdoor space has a structure capable of being enclosed by walls or covers, regardless of the materials or the removable nature of the walls or covers, the space will be considered enclosed, when the walls or covers are in place. All outdoor spaces shall be physically separated from an enclosed work space. If doors, windows, sliding or folding windows or doors or other fenestrations form any part of the border to the outdoor space, the openings shall be closed to prevent the migration of smoke into the enclosed work space. If the windows, sliding or folding windows or doors or other fenestrations are opened or otherwise do not prevent the migration of smoke into the work space, the outdoor space shall be considered an extension of the enclosed work space and subject to this section.


(f)(1) A nursing home, licensed pursuant to section 71 of chapter 111 and any acute care substance abuse treatment center under the jurisdiction of the commonwealth, may apply to the local board of health having jurisdiction over the facility for designation of part of the facility as a residence.


(2) All applications shall designate the residential area of the facility. The residential area shall not contain an employee workspace, such as offices, restrooms or other areas used primarily by employees.


(3) The entire facility may not be designated as a residence.


(4) The designated residential area must be for the sole use of permanent residents of the facility. No temporary or short-term resident may reside in the residential portion of the facility.


(5) All areas in the designated residential area in which smoking is allowed shall be conspicuously designated as smoking areas and be adequately ventilated to prevent the migration of smoke to nonsmoking areas.


(6) The facility shall provide suitable documentation, acceptable to the local board of health, that the facility is the permanent domicile of the residents residing in that portion of the facility, that information on the hazards of smoking and second hand smoke have been provided to all residences and that smoking cessation aids are available to all residents who use tobacco products.


(7) The designated residential area shall be in conformance with the smoking restriction requirements of section 72X of chapter 111 and 105 CMR 150.015 (D)(11)(b). All residential areas shall be clearly designated as such and shall not be altered or otherwise changed without the express approval of the local board of health.


(8) All areas of a nursing home not designated as a residence shall comply with this section.


(9) The nursing home shall make reasonable accommodations for an employee, resident or visitor who does not wish to be exposed to tobacco smoke.


(10) Upon compliance with this section, submission of the required documentation and satisfactory inspection, the local board of health shall certify the designated portion of the facility as a residence. The certification shall be valid for 1 year from the date of issuance. No fewer than 30 days before the expiration of the certification, the facility may apply for re-certification. If the local board of health does not renew the certification before its expiration or provide notice that it has found sufficient cause to not recertify the residence portion of the nursing home as such, the certification shall be considered to continue until the time as the local board of health notifies the nursing home of its certification status.


(g)(1) A designated smoking room in a hotel, motel, inn, bed and breakfast and lodging home shall be clearly marked as a designated smoking room on the exterior of all entrances from a public hallway and public spaces; and in the interior of the room. Instead of marking each room, an establishment may designate an entire floor of residential rooms as smoking. The floor shall be conspicuously designated as smoking at each entranceway on to the floor. Smoking shall not be allowed in the common areas of the floor, such as halls, vending areas, ice machine locations and exercise areas and shall comply with paragraph (4).


(2) A retail tobacco store that permits smoking on the premises shall, pursuant to paragraph (4), post in a clear and conspicuous manner, a sign at each entrance warning persons entering the establishment that smoking may be present on the premises; of the health risks associated from second hand smoke; and, that persons under the age of 18 years of age may not enter the premises.


(3) A smoking bar shall, pursuant to paragraph (4), post in a clear and conspicuous manner signs at all entrances which warn persons entering the establishment that smoking may be present on the premises; and, of the health risks associated from second hand smoke; and, that persons under the age of 18 years of age may not enter the premises.


(4) Every area in which smoking is prohibited by law shall have “no smoking” signs conspicuously posted so that the signs are clearly visible to all employees, customers, or visitors while in the workplace.


(5) Additional signs may be posted in public areas such as, the following areas: lobbies; hallways; cafeterias; kitchens; locker rooms; customer service areas; offices where the public is invited; conference rooms; lounges; waiting areas; and elevators.


(6) Approved signs and templates for signage design may be obtained from the department of public health or the local boards of health.


(7) It shall be the responsibility of the establishment to ensure that the appropriate signage is displayed and that an individual or group renting the space enforces the prohibition against smoking.


(h)(a)(1) A smoking bar operating in the commonwealth shall obtain a smoking bar permit from the department of revenue. A permit issued by the department shall be valid for a period of 2 years from date of issuance unless suspended or revoked. A valid permit that is not suspended at the time of its expiration may be renewed for consecutive 2-year periods.


(2) A non-refundable fee may be required with each permit and renewal application. Each permit issued by the department shall be non-transferable, for a specific location and business; and, only 1 permit may be issued to a business for a specific location during any permit period.


(3) The department shall not issue or renew a smoking bar permit to any business that has not filed all tax returns and paid all taxes due the commonwealth; or is delinquent in filing all declaration statements in connection with the smoking bar permit as required by the department.


(4) The department shall notify the local board of health or municipal health department in the city or town where the establishment is located of any permits issued, renewed, suspended, revoked or reinstated to a business.


(b) A smoking bar shall demonstrate on a quarterly basis that revenue generated from the sale of tobacco products are equal to or greater than 51 per cent of the total combined revenue generated by the sale of tobacco products, food and beverages. The department shall require each business that has been issued a smoking bar permit to submit a quarterly declaration for each 3 month period that the business is in operation; notwithstanding, the first declaration may include a period of not to exceed 4 months. A declaration submitted to the department in connection with a smoking bar permit shall be signed by the owner or business agent under the pains and penalties of perjury. A declaration received by the department shall be confidential and the financial information contained therein shall not be disclosed to the public or any other state governmental agency or department except the attorney general. In the event a business has not filed a required declaration statement, the department shall give written notice to the business that the statement is delinquent and, shall suspend the permit of a business that does not submit the required report after 21 days of the date of notice; but the department shall reinstate the suspended permit within 5 days after receiving the delinquent report.


(c) The department of revenue shall promulgate regulations to implement this section.


(i) Companies which sell ownership rights to owners of time share properties shall distinguish between smoking and non-smoking time share properties. Companies shall disclose to potential buyers whether the unit they are purchasing is a smoking or non-smoking property and post signs accordingly.


(j) Nothing in this section shall permit smoking in an area in which smoking is or may hereafter be prohibited by law including, without limitation: any other law or ordinance or by-law or any fire, health or safety regulation. Nothing in this section shall preempt further limitation of smoking by the commonwealth or any department, agency or political subdivision of the commonwealth.


(k) An individual, person, entity or organization subject to the smoking prohibitions of this section shall not discriminate or retaliate in any manner against a person for making a complaint of a violation of this section or furnishing information concerning a violation, to a person, entity or organization or to an enforcement authority. Notwithstanding the foregoing, a person making a complaint or furnishing information during any period of work or time of employment, shall do so only at a time that will not pose an increased threat of harm to the safety of other persons in or about such place of work or to the public.


(l ) An owner, manager or other person in control of a building, vehicle or vessel who violates this section, in a manner other than by smoking in a place where smoking is prohibited, shall be punished by a fine of $100 for the first violation; $200 for a second violation occurring within 2 years of the date of the first offense; and $300 for a third or subsequent violation within 2 years of the second violation. Each calendar day on which a violation occurs shall be considered a separate offense. If an owner, manager or other person in control of a building, vehicle or vessel violates this section repeatedly, demonstrating egregious noncompliance as defined by regulation of the department of public health, the local board of health may revoke or suspend the license to operate and shall send notice of the revocation or suspension to the department of public health. The department of public health shall promulgate regulations to implement this section including, but not limited to notice, collection, and reporting of the fines or license action, and defining uniform standards that warrant license suspension or revocation.


(m)(1) The local board of health, the department of public health, the local inspection department or the equivalent, a municipal government or its agent, and the alcoholic beverages control commission shall enforce this section. In addition, in the city of Boston, the commissioner of health and his authorized agents shall enforce this section.


(2) An individual or person who violates this section by smoking in a place where smoking is prohibited shall be subject to a civil penalty of $100 for each violation. As an alternative to criminal prosecution, a violation of subsection (l) may also be considered a civil violation. Each enforcing agency under paragraph (1) shall dispose of a civil violation of this section by the non-criminal method of disposition procedures contained in section 21D of chapter 40, without an enabling ordinance or by-law, or by the equivalent of these procedures by a state agency under regulations of the department of public health. The disposition of fines assessed under this section shall be subject to section 188 of chapter 111. Fines assessed by the commonwealth or its agents shall be subject to section 2 of chapter 29. In a city or town having an ordinance or by-law that imposes a fine greater than the fine imposed by this section, the ordinance or by-law shall prevail over this section.


(3) Any person may register a complaint to initiate an investigation and enforcement with the local board of health, the department of public health, or the local inspection department or the equivalent.


(4) The supreme judicial court or the superior court shall issue appropriate orders to enforce this section and any regulation under it, at the request of any agency mentioned in paragraph (1).


(5) A fine or fee collected by the commonwealth under this section shall be used for the enforcement or for educational programs on the harmful effects of tobacco.


(n) Each local board of health, each local inspection department or its equivalent, and the alcoholic beverages control commission shall report annually to the commissioner of public health, beginning January 1, 2006: the number of citations issued; the workplaces which have been issued citations and the number of citations issued to each workplace; the amount that each workplace has been fined; and the total amount collected in fines. The department of public health shall file a copy of the report with the clerks of the house of representatives and the senate.


(o) The department of public health may issue regulations to implement this section.


CREDIT(S)


Added by St.1987, c. 759, § 3. Amended by St.1990, c. 86; St.1997, c. 85; St.2004, c. 137, § 2, eff. July 5, 2004; St.2008, c. 215, §§ 82, 83, eff. July 31, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 23


Effective: January 5, 2000


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 23. Flea markets; smoking prohibition; penalty


(a) As used in this section, “flea market” shall mean that portion of a building then occupied by one or more vendors, other than retail stores, for sale to the public of new or used goods or products on a seasonal, limited or full schedule of operation. No person shall smoke in any building used for the purpose of operating a flea market, except as otherwise provided in this section. The owner, manager or other person in charge of such a building, shall post a notice in a conspicuous place at each entrance to such building indicating that smoking is prohibited therein, except in an area specifically designated as a smoking area. An area shall be designated as a smoking area only if nonsmoking areas of sufficient size and capacity are available to accommodate nonsmokers and if smoke from said smoking area is prevented from entering the no smoking area.


(b) Except as otherwise provided herein, no person shall smoke in any snack bar operated in conjunction with a flea market, except in such designated smoking area as may be provided. Said smoking area shall be physically separated from the no smoking area and separately ventilated to the outside to prevent smoke from entering the no smoking area. The owner, manager or other person in charge of a snack bar shall not permit the smoke from such smoking area to be vented to the no smoking area.


(c) The owner, manager or other person in charge of such snack bar shall post a notice or sign in a conspicuous place at each entrance to such snack bar indicating that smoking is prohibited therein except in specifically designated areas, shall post signs identifying the no smoking area and the smoking area, and shall make a reasonable effort to insure that no person shall smoke in a no smoking area. Said reasonable effort shall include, but not be limited to, requesting that a person smoking in a no smoking area to either extinguish his cigarette, cigar or pipe, or move to a designated smoking area.


(d) Any person aggrieved by the willful failure or refusal to comply with any of the provisions of this section may complain in writing to a local health officer in the case of a snack bar or to the local building inspector in the case of all other facilities described in this section. Said authority shall respond in writing within 15 days to the complainant that the area described in the complaint has been inspected and said authority has enforced the provisions of this section. Said authority shall file a copy of the original complaint and its response thereto with the department of public health.


(e) No employer shall terminate or otherwise discriminate against any employee, independent contractor, or other worker for refusing to work in a smoking area or for exercising his rights under this section.


(f) Any person who violates this section by smoking where smoking is prohibited shall be subject to a civil fine not exceeding $25. Any person who violates this section in any way other than by smoking in an area where smoking is prohibited shall be subject to a civil fine of $50. Each day during which a violation of this section occurs shall be considered a separate violation.


(g) Fines assessed pursuant to this section shall be payable to the city or town in which the violation of this section occurs. A local board of health or health department shall enforce this section through noncriminal disposition.


(h) A city or town may, by ordinance or by-laws, establish a fund for the disposition of revenues received from fines levied in accordance with the provisions of this section. Said fund shall be expended under the authority of the municipal health department or local board of health for the purpose of public education on the hazards posed by secondhand smoke, also known as environmental tobacco smoke.


(i) Nothing in this section shall be construed to permit smoking in any area in which smoking is prohibited by law, including, without limiting the generality of the foregoing, any other provision of the law or ordinance or any fire, health, or safety regulation. This section shall not pre-empt the authority of any city or town to enact any ordinance, by-law or any fire, health, or safety regulation that limits or prohibits smoking in any place.


CREDIT(S)


Added by St.1999, c. 99.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 24


Effective: February 21, 2002


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 24. Mercury thermometers; sale or supply; instructions regarding breakage


No person shall sell or supply, including online, retail mercury fever thermometers, except in the case of a medical necessity as determined by a licensed physician or by prescription. Manufacturers of mercury fever thermometers sold or supplied in the commonwealth in such cases of medical necessity shall furnish clear instructions on the careful handling of thermometers to avoid breakage and proper cleanup should a breakage occur. This section shall not apply to digital thermometers using mercury-added button cell batteries. A violation of this section shall be punished by a fine of not more than $500.


CREDIT(S)


Added by St.2002, c. 39, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 25


Effective: May 4, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 25. Ice cream truck vending; permit requirements


(a) For the purposes of this section, the following words shall have the following meanings:--


“Ice cream”, any frozen dairy or frozen water-based food product.


“Ice cream truck”, any motor vehicle used for selling, displaying or offering to sell ice cream.


“Ice cream truck vending”, the selling, displaying or offering to sell ice cream or any other prepackaged food product from an ice cream truck.


“Permitting authority”, the chief of police or the board or officer having control of the police in a city or town, or person authorized by them.


(b) No person shall engage in ice cream truck vending unless he shall have been issued a valid permit to do so by the permitting authority within the municipality wherein the permit applicant lives or intends to operate an ice cream truck. Such permit shall be conspicuously displayed and clearly visible on the windshield of any ice cream truck operated or from which ice cream or any other prepackaged food product is sold. Whoever violates this section shall be assessed a fine of $500. Each day that such person is in operation in violation of this section may be considered a separate violation.


(c) The department of public safety shall adopt regulations relative to the annual permitting of ice cream truck vendors. Such regulations shall include, but not be limited to:


(i) a requirement that all applications for an ice cream truck vending permit or applications for renewal thereof shall include the applicant's fingerprints and a current photo of the applicant;


(ii) adoption of a uniform permit application and permit form, to be used by all municipalities;


(iii) a requirement that a permitting authority conduct an investigation into the criminal history of a permit applicant to determine eligibility therefore; and


(iv) a provision restricting a permitting authority from issuing an ice cream truck vending permit to any sex offender, as defined by section 178C of chapter 6 of the General Laws.


CREDIT(S)


Added by St.2010, c. 256, § 122, eff. May 4, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 270 § 26


Effective: October 30, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 270. Crimes Against Public Health (Refs & Annos)

§ 26. Use of employee restroom by customer suffering from eligible medical condition or using ostomy device; non-liability; penalty for violation


(a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:


“Customer”, an individual who is lawfully on the premises of a retail establishment.


“Eligible medical condition”, Crohn's disease, ulcerative colitis or any other medical condition that requires immediate access to a restroom facility.


“Retail establishment”, any business or place where members of the public have access as invitees or licensees.


(b) A retail establishment that has a restroom facility for its employees shall allow a customer to use that facility during normal business hours if the following conditions are met:


(1) the customer requesting the use of the employee restroom facility suffers from an eligible medical condition or uses an ostomy device, provided that the existence of the condition or device is documented in writing by the customer's physician;


(2) three or more employees of the retail establishment are working at the time the customer requests to use the employee restroom facility;


(3) the retail establishment does not normally make a restroom available to the public;


(4) the employee restroom facility is not located in an area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the establishment; and


(5) a public restroom is not immediately accessible to the customer.


(c) A retail establishment, or an employee of a retail establishment, shall not be civilly liable for an act or omission in allowing a customer who claims to have an eligible medical condition to use an employee restroom facility that is not a public restroom if the act or omission: (i) is not negligent and occurs in an area of the retail establishment that is not generally accessible to the public; and (ii) results in injury to or death of the customer or individual, other than an employee, accompanying the customer.


(d) This section shall not require a retail establishment to make any physical changes or improvements to an employee restroom facility located on the premises.


(e) A violation of this section shall for the first offense be punished by a fine of $100. A second or subsequent offense shall be punished by a fine of not less than $100 nor more than $200.


CREDIT(S)


Added by St.2012, c. 191, eff. Oct. 30, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 271, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 1


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 1. Gaming or betting; forfeiture


Whoever, on a prosecution commenced within eighteen months after the commission of the crime, is convicted of winning at one time or sitting, by gaming or betting on the sides or hands of those gaming, except as permitted under chapter 23K, money or goods to the value of five dollars or more, and of receiving the same or security therefor, shall forfeit double the value of such money or goods.


CREDIT(S)


Amended by St.2011, c. 194, § 51, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 1A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 1A. “House”, “building” and “place” including ship or vessel


The words “house”, “building” and “place” used severally or together in this chapter shall mean and include a ship or vessel when it is within the territorial limits of the commonwealth.


CREDIT(S)


Added by St.1948, c. 299.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 2


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 2. Gaming or betting in public conveyance or place or while trespassing in private place; arrest without warrant


Whoever, in a public conveyance or public place, or in a private place upon which he is trespassing, plays at cards, dice or any other game for money or other property, or bets on the sides or hands of those playing, except as permitted under chapter 23K, shall forfeit not more than fifty dollars or be imprisoned for not more than three months; and whoever sets up or permits such a game shall be punished by a fine of not less than fifty nor more than one hundred dollars or by imprisonment for not less than three nor more than twelve months. If discovered in the act, he may be arrested without a warrant by a sheriff, deputy sheriff, constable or any officer qualified to serve criminal process, and held in custody, in jail or otherwise, for not more than twenty-four hours, Sunday and legal holidays excepted, until complaint may be made against him for such offence.


CREDIT(S)


Amended by St.2011, c. 194, § 52, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 3


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 3. Innholders and others keeping or suffering implements to be used for gaming


Except as permitted under chapter 23K, every innholder, common victualler or person keeping or suffering to be kept in any place occupied by him implements such as are used in gaming, in order that the same may for hire, gain or reward be used for amusement, who suffers implements of such kind to be used upon any part of such premises for gaming for money or other property, or who suffers a person to play at an unlawful game or sport therein, shall for the first offence forfeit not more than one hundred dollars or be imprisoned for not more than three months; and for a subsequent offence shall be imprisoned for not more than one year. In either case he shall further recognize with sufficient sureties in a reasonable sum for his good behavior, and especially that he will not be guilty of any offence against any of the provisions of sections one to six, inclusive, for three years from the date of the recognizance.


CREDIT(S)


Amended by St.2011, c. 194, § 53, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 4. Gaming in inns and other occupied places; use of billiard table, bowling alley or other implement for gaming


Whoever, in any place mentioned in the preceding section, for the purpose of gaming for money or other property, uses or takes part in using a billiard table, bowling alley or other implement of gaming, or there plays at an unlawful game or sport, or, for the purpose of such gaming, uses or takes part in using a billiard table or bowling alley kept by a person licensed under chapter one hundred and forty, shall forfeit not more than fifty dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 5


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 5. Gaming, lottery, pool or betting houses; tables or apparatus for gaming


Whoever, except as permitted under chapter 23K, keeps or assists in keeping a common gaming house, or building or place occupied, used or kept for the purposes described in section twenty-three, or is found playing or present as provided in said section, or commonly keeps or suffers to be kept, in a building or place actually used and occupied by him, tables or other apparatus for the purpose of playing at an unlawful game or sport for money or any other valuable thing, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than three months.


CREDIT(S)


Amended by St.2011, c. 194, § 54, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 5A


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 5A. Gambling devices; forfeiture; antique slot machines


Whoever manufactures, transports, sells, offers for sale, stores, displays, repairs, reconditions, possesses or uses any gambling device or parts for use therein shall be punished by a fine of not more than five thousand dollars; provided, however, that fifty percent of the said fine shall be remitted to the city or town in which the violation occurred. The remaining fifty percent shall be remitted to the general fund of the commonwealth. As used in this section, the term “gambling device” means any so called “slot machine” or any other machine or mechanical device an essential part of which is a drum or reel with insignia thereon, and which, when operated, may deal, as a result of the application of an element of chance, any money or property; or by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or any sub-assembly or essential part intended to be used in connection with any such machine or mechanical device. Any gambling device or parts for use therein manufactured, transported, sold, offered for sale, stored, displayed, repaired, reconditioned, possessed or used in violation of this section shall be seized and be forfeited to the commonwealth and disposed of in the manner provided under the provisions of chapter two hundred and seventy-six. In respect to their constitutionality, the provisions of this section are hereby declared to be separable.


It shall be a defense to any prosecution under this section to show that the slot machine is an antique slot machine and was not operated for gambling purposes while in the defendant's possession. For the purposes of this section, a slot machine shall be presumed to be an antique slot machine, if it was manufactured at least thirty years prior to either the arrest of the defendant, or seizure of the machine.


This section shall not apply to persons who manufacture, transport, sell, offer for sale, store, display, repair, recondition, possess or use any gambling device or parts for use in such a device for licensed gaming conducted under chapter 23K.


CREDIT(S)


Added by St.1951, c. 483. Amended by St.1964, c. 557, § 7; St.1979, c. 373; St.1995, c. 38, § 201; St.2011, c. 194, § 55, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 5B


Effective: February 15, 2013


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 5B. Unlawful possession of electronic machine or device for conducting or promoting sweepstakes through entertaining display; lawful exceptions; penalty


(a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:--


“Electronic machine or device”, a mechanically, electrically or electronically operated machine or device that is: (i) owned, leased or otherwise possessed by a sweepstakes sponsor or promoter, or any sponsors, promoters, partners, affiliates, subsidiaries or contractors thereof; (ii) intended to be used by a sweepstakes entrant; (iii) uses energy; and (iv) capable of displaying information on a screen or other mechanism; provided, that an electronic machine or device may, without limitation: (1) be server-based; (2) use a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries; (3) utilize software such that the simulated game influences or determines the winning or value of the prize; (4) select prizes from a predetermined finite pool of entries; (5) utilize a mechanism that reveals the content of a predetermined sweepstakes entry; (6) predetermine the prize results and stores those results for delivery at the time the sweepstakes entry results are revealed; (7) utilize software to create a game result; (8) require deposit of any money, coin or token, or the use of any credit card, debit card, prepaid card or any other method of payment to activate the electronic machine or device; (9) require direct payment into the electronic machine or device, or remote activation of the electronic machine or device; (10) require purchase of a related product having legitimate value; (11) reveal the prize incrementally, even though it may not influence if a prize is awarded or the value of any prize awarded; (12) determine and associate the prize with an entry or entries at the time the sweepstakes is entered; (13) be a slot machine or other form of electrical, mechanical, or computer game; and provided further, that “electronic machine or device” shall also include gambling devices as defined in section 5A.


“Enter” or “entry”, the act or process by which a person becomes eligible to receive any prize offered in a sweepstakes.


“Entertaining display”, any visual information, capable of being seen by a sweepstakes entrant, that takes the form of actual game play or simulated game play.


“Prize”, any gift, award, gratuity, good, service, credit or anything else of value, which may be transferred to a person, whether possession of the prize is actually transferred, or placed on an account or other record as evidence of the intent to transfer the prize.


“Sweepstakes”, any game, advertising scheme or plan, or other promotion, which, with or without payment of any consideration, a person may enter to win or become eligible to receive any prize, the determination of which is based upon chance.


(b) It shall be unlawful for any person to knowingly possess with the intent to operate, or place into operation, an electronic machine or device to: (1) conduct a sweepstakes through the use of an entertaining display, including the entry process or the reveal of a prize; or (2) promote a sweepstakes that is conducted through the use of an entertaining display, including the entry process or the reveal of a prize.


<[ Subsection (c) effective until February 15, 2013. For text effective February 15, 2013, see below.]>


(c) Nothing in this section shall be construed to make illegal any activity which is lawfully conducted: (1) by the state lottery commission, under sections 24, 24A, 27, 27A, 37, 38, and 39A of chapter 10; (2) as pari-mutuel wagering on horse races, whether live or simulcast, under chapters 128A and 128C; (3) as the game of bingo conducted under chapters 10 and 271; (4) as charitable gaming, conducted under chapter 271; or (5) by any retailer whose primary business is the sale of groceries, whereby the sweepstakes is directly related to the sale of groceries and the potential prize provided through the sweepstakes may not be redeemed for cash and may only be used as a discount to reduce the price of items purchased from the retailer.


<[ Subsection (c) as amended by 2013, 3, Sec. 9 effective February 15, 2013. For text effective until February 15, 2013, see above.]>


(c) Nothing in this section shall be construed to make illegal any activity which is lawfully conducted: (1) by the state lottery commission, under sections 24, 24A, 27, 27A, 37, 38, and 39A of chapter 10; (2) as pari-mutuel wagering on horse races, whether live or simulcast, under chapters 128A and 128C; (3) as the game of bingo conducted under chapters 10 and 271; (4) as charitable gaming, conducted under chapter 271; (5) under chapter 23K; or (6) by any retailer whose primary business is the sale of groceries, whereby the sweepstakes is directly related to the sale of groceries and the potential prize provided through the sweepstakes may not be redeemed for cash and may only be used as a discount to reduce the price of items purchased from the retailer.


(d) Any person who violates this section shall be punished by a fine of not more than $250,000 per electronic machine or device placed into operation or by imprisonment in state prison for not more than 15 years, or by both such fine and imprisonment.


CREDIT(S)


Added by St.2012, c. 187, eff. Oct. 30, 2012. Amended by St.2013, c. 3, § 9, eff. Feb. 15, 2013.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 6


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 6. Gaming relative to cattle shows, military muster or public gathering; arrest without warrant


Whoever, during or within twelve hours of the time of holding a cattle show, military muster or public gathering, within one mile of the place thereof, practices or engages in illegal gaming, shall forfeit not more than twenty dollars. If discovered in the act, he may be arrested without a warrant by any sheriff, deputy sheriff, constable or any officer qualified to serve criminal process, and held in custody, in jail or otherwise, for not more than twenty-four hours, Sunday and legal holidays excepted, until a complaint may be made against him for such offence.


CREDIT(S)


Amended by St.2011, c. 194, § 56, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 6A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 6A. Plans under which purchasers agree to obtain more purchasers; injunction; receivers


Whoever sets up or promotes a plan by which goods or anything of value is sold to a person for a consideration and upon the further consideration that the purchaser agrees to secure one or more persons to participate in the plan by respectively making a similar purchase or purchases and in turn agreeing to secure one or more persons likewise to join in the said plan, each purchaser being given the right to secure money, credits, goods or something of value, depending upon the number of persons joining in the plan, shall be held to have set up and promoted a lottery and shall be punished as provided in section seven. The supreme judicial court shall have jurisdiction in equity upon a petition filed by the attorney general to enjoin the further prosecution of any such plan and to appoint receivers to secure and distribute the assets received thereunder.


CREDIT(S)


Added by St.1938, c. 144.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 6B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 6B. Skilo and similar games


Whoever, except as provided in section twenty-two B, sets up or promotes the game commonly known as skilo or any similar game regardless of name, shall be held to have set up and promoted a lottery and shall be punished as provided in section seven.


CREDIT(S)


Added by St.1953, c. 243. Amended by St.1971, c. 486, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 6C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 6C. Repealed, 1998, 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 7


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 7. Lotteries; disposal of property by chance


Whoever sets up or promotes a lottery for money or other property of value, or by way of lottery disposes of any property of value, or under the pretext of a sale, gift or delivery of other property or of any right, privilege or thing whatever disposes of or offers or attempts to dispose of any property, with intent to make the disposal thereof dependent upon or connected with chance by lot, dice, numbers, game, hazard or other gambling device that is not taking place in a gaming establishment licensed pursuant to chapter 23K, whereby such chance or device is made an additional inducement to the disposal or sale of said property, and whoever aids either by printing or writing, or is in any way concerned, in the setting up, managing or drawing of such lottery, or in such disposal or offer or attempt to dispose of property by such chance or device, shall be punished by a fine of not more than three thousand dollars or by imprisonment in the state prison for not more than three years, or in jail or the house of correction for not more than two and one half years.


CREDIT(S)


Amended by St.1968, c. 115; St.2011, c. 194, § 57, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 7A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 7A. Raffles and bazaars; conduct by certain organizations


In this section the following words shall have the following meanings:


“Raffle”, an arrangement for raising money by the sale of tickets, certain among which, as determined by chance after the sale, entitle the holders to prizes.


“Bazaar”, a place maintained by the sponsoring organization for disposal by means of chance of one or both of the following types of prizes: (1) merchandise, of any value, (2) cash awards, not to exceed twenty-five dollars each.


Notwithstanding any other provisions of law, raffles and bazaars may be promoted, operated and conducted under permits issued in accordance with the provisions of this section.


No organization, society, church or club which conducts a raffle or bazaar under the provisions of this section shall be deemed to have set up and promoted a lottery and nothing in this chapter shall authorize the prosecution, arrest or conviction of any person connected with the operation of any such raffle or bazaar; provided, however, that nothing contained in this section shall be construed as permitting the game commonly known as “beano” or any similar game regardless of name.


No raffle or bazaar shall be promoted, operated or conducted by any person or organization, unless the same is sponsored and conducted exclusively by (a) a veterans' organization chartered by the Congress of the United States or included in clause (12) of section five of chapter forty of the General Laws; (b) a church or religious organization; (c) a fraternal or fraternal benefit society; (d) an educational or charitable organization; (e) a civic or service club or organization; and (f) clubs or organizations organized and operated exclusively for pleasure, recreation and other nonprofit purposes, no part of the net earnings of which inures to the benefit of any member or shareholder. Such organization shall have been organized and actively functioning as a nonprofit organization in the commonwealth for a period of not less than two years before it may apply for a permit. The promotion and operation of the raffle or bazaar shall be confined solely to the qualified members of the sponsoring organization and no such member shall receive remuneration in any form for time or effort devoted to the promotion or operation of such raffle or bazaar. All funds derived from any raffle or bazaar shall be used exclusively for the purposes stated in the application of the sponsoring organization which purposes shall be limited to educational, charitable, religious, fraternal or civic purposes or for veterans' benefits. An organization which meets the qualifications required by this section and which desires to conduct or operate a raffle or bazaar within the commonwealth shall apply for a permit to conduct raffles and bazaars from the clerk of the city or town in which the raffle will be drawn or the bazaar held. The application form shall be approved by the commissioner of public safety and shall include the name and address of the applicant, the evidence on which the applicant relies in order to qualify under this section, the names of three officers or members of the organization who shall be responsible for the operation of the raffle or bazaar, and the uses to which the net proceeds will be applied. Unless otherwise established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, a fee of ten dollars shall accompany each such application and shall be retained by the city or town, but in no event shall any such fee be greater than fifty dollars. Upon receipt of such application, the clerk shall determine whether it is in conformity with this section. If the clerk so determines, he shall forward the application to the chief of police of the city or town, who shall determine whether the applicant is qualified to operate raffles and bazaars under this section. If the chief of police so determines, he shall endorse the application and return it to the clerk, who shall forthwith issue a permit, which shall be valid for one year from the date of its issuance. The clerk shall retain a copy of the application and shall send a copy to the commissioner of public safety. If there is any change in the facts set forth in the application for a permit subsequent to the making of such application, the applicant shall forthwith notify the authority granting such permit of such change, and such authority shall issue such permit if the applicant is qualified, or, if a permit has already been issued and the change in the facts set forth in the application disqualify the applicant revoke such permit.


If an application is not acted upon within thirty days after it is submitted, or if the organization is refused a permit, or if a permit is revoked, any person named on the application may obtain judicial review of such refusal or revocation by filing within ten days of such refusal or revocation or within ten days of the expiration of such thirty day period a petition for review in the district court having jurisdiction in the city or town in which such application was filed. A justice of said court, after a hearing, may direct that such permit be issued, if he is satisfied that there was no reasonable ground for refusing such permit, and that the applicant was not prohibited by law from holding raffles or bazaars.


An organization issued a permit under this section shall within thirty days of the expiration of its permit submit a report on a form to be approved by the commissioner of public safety. Such form shall require information concerning the number of raffles and bazaars held, the amount of money received, the expenses connected with the raffle or bazaar, the names of the winners of prizes exceeding twenty-five dollars in value, the net proceeds of the raffles and bazaars, and the uses to which the net proceeds were applied. The organization shall maintain and keep such books and records as may be necessary to substantiate the particulars of such report, which books and records shall be preserved for at least one year from the date of such report and shall be available for inspection. Such report shall be certified to by the three persons designated in the permit application as being responsible for such raffle or bazaar and by an accountant. Two copies of said report shall be filed with city or town clerk. The clerk shall send one copy to the commissioner of public safety. Failure to file said report shall constitute sufficient grounds for refusal to renew a permit to conduct raffles or bazaars. The fee for renewal of such permit shall be ten dollars.


The authority granting any permit under this section shall immediately revoke the same for a violation of any provision of this section and shall not issue any permit to such permittee within three years from the date of such violation. Any person aggrieved by the action of such authority revoking such permit may appeal to the district court having jurisdiction in the city or town where the permit was issued; provided that such appeal shall be filed in such court within twenty days following receipt of notification by said authority. The court shall hear all pertinent evidence and determine the facts and upon the facts so determined annul such action or make such decision as equity may require. The foregoing remedy shall be exclusive.


Any organization conducting or operating a raffle or bazaar under this section shall file a return with the state lottery commission, on a form prepared by it, within ten days after the raffle or bazaar is held and shall pay therewith a tax of five per cent of the gross proceeds derived from such raffle or bazaar.


All sums received by said commission from the tax imposed by this section as taxes, interest thereon, fees, penalties, forfeitures, costs of suits or fines, less all amounts refunded thereon, together with any interest or costs paid on account of such refunds, shall be paid into the treasury of the commonwealth.


Whoever violates any provision of this section or submits false information on an application or report required under this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than one year, or both.


No person who prints or produces tickets, cards or any similar article used in the conduct of a bazaar or raffle pursuant to a permit issued under the provisions of this section shall be subject to any penalty therefor, provided that a certified copy of such permit was presented to him prior to his undertaking to print or produce such tickets or cards.


No organization issued a permit under this section shall conduct more than three bazaars in any single calendar year nor shall such organization conduct more than one bazaar in any single calendar day. The operation of a bazaar shall be limited to five consecutive hours.


CREDIT(S)


Added by St.1969, c. 810. Amended by St.1976, c. 415, § 96; St.1977, c. 219, § 6; St.1977, c. 279; St.1979, c. 280; St.1981, c. 351, § 98; St.1985, c. 222.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 8


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 8. Permitting lotteries, raffles and games of chance in buildings


Whoever owns, occupies or is in control of a house, shop or building and knowingly permits the establishing, managing or drawing of a lottery, or the disposal or attempt to dispose of property, or the sale of a lottery ticket or share of a ticket, or any other writing, certificate, bill, token or other device purporting or intended to entitle the holder, bearer or any other person to a prize or to a share of or an interest in a prize to be drawn in a lottery, or in the disposal of property, and whoever knowingly allows money or other property to be raffled for or won by throwing or using dice or by any other game of chance that is not being conducted in a gaming establishment licensed under chapter 23K, shall be punished by a fine of not more than $2,000 or by imprisonment in the house of correction for not more than 1 year.


CREDIT(S)


Amended by St.2011, c. 194, § 58, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 9. Lottery tickets; sale, or possession


Whoever, for himself or for another, sells or offers for sale or has in his possession with intent to sell or offer for sale, or to exchange or negotiate, or aids or assists in the selling, exchanging, negotiating or disposing of a ticket in such lottery, or a share of a ticket, or any such writing, certificate, bill, token or other device, or a share or right in such disposal or offer, as is mentioned in section seven, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 10. Subsequent offenses within five years of conviction


Whoever, within five years after being convicted of any offence mentioned in section five, seven, eight, nine, eleven, fifteen, sixteen, seventeen or seventeen A, commits the like offence, or any other of the offences therein mentioned, shall, in addition to the fine therein provided, be punished by imprisonment for not less than three months nor more than one year, and the sentence imposing such fine and such imprisonment shall not be suspended.


CREDIT(S)


Amended by St.1957, c. 390, § 1; St.1965, c. 549, § 1; St.1967, c. 189.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 10A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 10A. Arrest without warrant


Any person who is discovered by a police officer in the act of violating section seven, eight, nine, twelve, sixteen, seventeen, seventeen A, eighteen or twenty-two, while such officer is lawfully at or within the place where such violation occurred, may be arrested without a warrant by such police officer, and held in custody, in jail or otherwise, until a complaint be made against him for such offense, unless previously admitted to bail, which complaint shall be made as soon as practicable and in any case within twenty-four hours, Sundays and legal holidays excepted.


CREDIT(S)


Added by St.1967, c. 119. Amended by St.1967, c. 372.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 11. Lottery tickets; advertising


Whoever, himself or by another, advertises a lottery ticket or a share in such ticket for sale, or sets up or exhibits, or devises or makes for the purpose of being set up or exhibited, any sign, symbol or emblematic or other representation of a lottery or the drawing thereof, in any way indicating where a lottery ticket or a share thereof or such writing, certificate, bill, token or other device before mentioned may be obtained, or in any way invites or entices, or attempts to invite or entice, any other person to purchase or receive the same, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 12. False lottery tickets; creation, sale, or possession


Whoever makes or sells, or has in his possession with intent to sell, exchange or negotiate, or by printing, writing or otherwise assists in making or selling, or in attempting to sell, exchange or negotiate, a false or fictitious lottery ticket, or any share thereof, or any writing, certificate, bill, token or other device before mentioned, or any ticket or share thereof in a fictitious or pretended lottery, knowing the same to be false or fictitious, or receives any money or other thing of value for such ticket or share of a ticket, writing, certificate, bill, token or other device purporting that the owner, bearer or holder thereof shall be entitled to receive any prize, or share of a prize, or other thing of value, that may be drawn in a lottery, knowing the same to be false or fictitious, shall be punished by imprisonment in the state prison for not more than three years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 13. Lottery tickets, tokens or shares deemed false


Upon the trial of a person charged with any of the crimes mentioned in the preceding section, a ticket or share of a ticket, or other writing or thing before mentioned, which the defendant has sold or offered for sale, or for which he has received a valuable consideration, shall be deemed false, spurious or fictitious, unless the defendant proves that the same was true and genuine, duly issued by the authority of some legislature within the United States, that such lottery was existing and undrawn and that such ticket or share thereof, or other writing or thing before mentioned, was issued by lawful authority and is binding upon the person who issued the same.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 14


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 14. Forfeiture of money, prizes, or other property disposed of by chance; recovery


Money or other thing of value drawn as a prize or share thereof in a lottery, and all property disposed of or offered to be disposed of by illegal gaming, including games of chance or device under the pretext mentioned in section seven, by an inhabitant of or a resident within the commonwealth, and all money or other thing of value received by such person by reason of his being the owner or holder of a ticket or share of a ticket in a lottery or pretended lottery, or of a share or right in any such scheme of chance or such device, contrary to this chapter, shall be forfeited, and may be recovered by an information filed or by an action for money had and received brought by the attorney general or a district attorney in the name and on behalf of the commonwealth.


CREDIT(S)


Amended by St.2011, c. 194, § 59, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 15. Lottery for money drawn out of commonwealth; aiding or promoting


Whoever, except as provided in section five of chapter one hundred and twenty-eight A, aids, either by printing or writing, or is in any way concerned in setting up, promoting, managing or drawing a lottery for money, set up, promoted, managed, or drawn out of the commonwealth, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.


CREDIT(S)


Amended by St.1983, c. 105, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 16. Tickets of lottery described in Sec. 15; sale or possession


Whoever sells, for himself or another, or offers for sale or has in his possession with intent so to do or to exchange or negotiate, or aids or assists in selling, negotiating, exchanging or disposing of a ticket, or a share of a ticket, in a lottery described in the preceding section, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 16A


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 16A. Organizing or promoting gambling facilities or services


Whoever knowingly organizes, supervises, manages or finances at least four persons so that such persons may provide facilities or services or assist in the provision of facilities or services for the conduct of illegal lotteries, or for the illegal registration of bets or the illegal buying or selling of pools upon the result of a trial or contest of skill, speed or endurance of man, beast, bird or machine, or upon the happening of any event, or upon the result of a game, competition, political nomination, appointment or election, or whoever knowingly receives from at least four such persons compensation or payment in any form as a return from such lotteries, such registration or such buying or selling shall be punished by imprisonment in the state prison for not more than fifteen years or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. As used in this section the word “persons” shall not include bettors or wagerers or persons who organize, supervise, manage or finance persons for the purpose of gaming conducted under chapter 23K who merely avail themselves of such facilities or services for the purpose of making a bet or wager and do not otherwise provide or assist in the provision of such facilities or services. This section shall not apply to such bettors or wagerers.


CREDIT(S)


Added by St.1970, c. 650. Amended by St.2011, c. 194, § 60, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 17


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 17. Place for registering bets or dealing in pools; owner or occupant; custodian or depository


Whoever keeps a building or room, or any part thereof, or occupies, or is found in, any place, way, public or private, park or parkway, or any open space, public or private, or any portion thereof, with apparatus, books or any device, for registering bets, or buying or selling pools, upon the result of a trial or contest of skill, speed or endurance of man, beast, bird or machine, or upon the result of a game, competition, political nomination, appointment or election, or whoever is present in such place, way, park or parkway, or any such open space, or any portion thereof, engaged in such business or employment; or, being such keeper, occupant, person found or person present, as aforesaid, registers such bets, or buys or sells such pools, or is concerned in buying or selling the same; or, being the owner, lessee or occupant of a building or room, or part thereof, or private grounds, knowingly permits the same to be used or occupied for any such purpose, or therein keeps, exhibits, uses or employs, or knowingly permits to be therein kept, exhibited, used or employed, any device or apparatus for registering such bets, or for buying or selling such pools, or whoever becomes the custodian or depository for hire, reward, commission or compensation in any manner, of any pools, money, property or thing of value, in any manner staked or bet upon such result, shall be punished by a fine of not more than three thousand dollars or by imprisonment in the state prison for not more than three years, or in jail or the house of correction for not more than two and one half years. This section shall not apply to a person who organizes, supervises, manages or finances another person for the purpose of gaming conducted in accordance with chapter 23K.


CREDIT(S)


Amended by St.1968, c. 116; St.2011, c. 194, § 61, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 17A


Effective: July 31, 2010 to July 30, 2014


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 17A. Telephones; use for gaming purposes


<[ Text of section effective until July 31, 2010. See 2001, 139, Sec. 45 as amended by 2005, 176, Sec. 13; 2006, 54, Sec. 12; 2006, 449, Secs. 19 and 21; 2008, 290, Sec. 12 and 2009, 167, Sec. 12. For text effective July 31, 2010, see below.]>


Whoever uses a telephone or, being the occupant in control of premises where a telephone is located or a subscriber for a telephone, knowingly permits another to use a telephone so located or for which he subscribes, as the case may be, for the purpose of accepting wagers or bets, or buying or selling of pools, or for placing all or any portion of a wager with another, upon the result of a trial or contest of skill, speed, or endurance of man, beast, bird, or machine, or upon the result of an athletic game or contest, or upon the lottery called the numbers game, or for the purpose of reporting the same to a headquarters or booking office, or who under a name other than his own or otherwise falsely or fictitiously procures telephone service for himself or another for such purposes, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year; provided, however, that this section shall not apply to use of telephones or other devices or means to place wagers authorized pursuant to the provisions of section 5C of chapter 128A.


§ 17A. Telephones; use for gaming purposes


<[ Text of section effective July 31, 2010. See 2001, 139, Sec. 28 and 2001, 139, Sec. 45 as amended by 2005, 176, Sec. 13; 2006, 54, Sec. 12; 2006, 449, Secs. 19 and 21; 2008, 290, Sec. 12 and 2009, 167, Sec. 12. For text effective until July 31, 2010, see above.]>


Whoever uses a telephone or, being the occupant in control of premises where a telephone is located or a subscriber for a telephone, knowingly permits another to use a telephone so located or for which he subscribes, as the case may be, for the purpose of accepting wagers or bets, or buying or selling of pools, or for placing all or any portion of a wager with another, upon the result of a trial or contest of skill, speed, or endurance of man, beast, bird, or machine, or upon the result of an athletic game or contest, or upon the lottery called the numbers game, or for the purpose of reporting the same to a headquarters or booking office, or who under a name other than his own or otherwise falsely or fictitiously procures telephone service for himself or another for such purposes, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.


CREDIT(S)


Added by St.1958, c. 246. Amended by St.1962, c. 440; St.2001, c. 139, § 28.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 17A


Effective: July 31, 2014


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 17A. Telephones; use for gaming purposes


<[ Text of section effective until July 31, 2014. See 2001, 139, Sec. 45 as amended by 2005, 176, Sec. 13; 2006, 54, Sec. 12; 2006, 449, Secs. 19 and 21; 2008, 290, Sec. 12; 2009, 167, Sec. 12; 2010, 203, Sec. 12 ; 2011, 77, Sec. 12; 2011, 194, Sec. 84. For text effective July 31, 2014, see below.]>


Whoever uses a telephone or, being the occupant in control of premises where a telephone is located or a subscriber for a telephone, knowingly permits another to use a telephone so located or for which he subscribes, as the case may be, for the purpose of accepting wagers or bets, or buying or selling of pools, or for placing all or any portion of a wager with another, upon the result of a trial or contest of skill, speed, or endurance of man, beast, bird, or machine, or upon the result of an athletic game or contest, or upon the lottery called the numbers game, or for the purpose of reporting the same to a headquarters or booking office, or who under a name other than his own or otherwise falsely or fictitiously procures telephone service for himself or another for such purposes, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year; provided, however, that this section shall not apply to use of telephones or other devices or means to place wagers authorized pursuant to the provisions of section 5C of chapter 128A.


§ 17A. Telephones; use for gaming purposes


<[ Text of section effective July 31, 2014. See 2001, 139, Sec. 28 and 2001, 139, Sec. 45 as amended by 2005, 176, Sec. 13; 2006, 54, Sec. 12; 2006, 449, Secs. 19 and 21; 2008, 290, Sec. 12; 2009, 167, Sec. 12; 2010, 203, Sec. 12; 2011, 77, Sec. 12 and 2011, 194, Sec. 84. For text effective until July 31, 2014, see above.]>


Whoever uses a telephone or, being the occupant in control of premises where a telephone is located or a subscriber for a telephone, knowingly permits another to use a telephone so located or for which he subscribes, as the case may be, for the purpose of accepting wagers or bets, or buying or selling of pools, or for placing all or any portion of a wager with another, upon the result of a trial or contest of skill, speed, or endurance of man, beast, bird, or machine, or upon the result of an athletic game or contest, or upon the lottery called the numbers game, or for the purpose of reporting the same to a headquarters or booking office, or who under a name other than his own or otherwise falsely or fictitiously procures telephone service for himself or another for such purposes, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.


CREDIT(S)


Added by St.1958, c. 246. Amended by St.1962, c. 440; St.2001, c. 139, § 28.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 17B


Effective: October 22, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 17B. Use of electronic communications records in ongoing criminal investigations; subpoena of records


Except as otherwise prohibited under section 2703 of Title 18 of the United States Code, whenever the attorney general or a district attorney has reasonable grounds to believe that records in the possession of: (i) a common carrier subject to the jurisdiction of the department of telecommunications and cable, as provided in paragraph (d) of section 12 of chapter 159; or (ii) a provider of electronic communication service as defined in subparagraph (15) of section 2510 of Title 18 of the United States Code; or (iii) a provider of remote computing service as defined in section 2711 of Title 18 of the United States Code, are relevant and material to an ongoing criminal investigation, the attorney general or district attorney may issue an administrative subpoena demanding all such records in the possession of such common carrier or service, and such records shall be delivered to the attorney general or district attorney within 14 days of receipt of the subpoena. No such common carrier or service, or employee thereof, shall be civilly or criminally responsible for furnishing any records or information in compliance with such demand. Nothing in this section shall limit the right of the attorney general or a district attorney to otherwise obtain records from such a common carrier or service pursuant to a search warrant, a court order or a grand jury or trial subpoena.


No subpoena issued pursuant to this section shall demand records that disclose the content of electronic communications or subscriber account records disclosing internet locations which have been accessed including, but not limited to, websites, chat channels and newsgroups, but excluding servers used to initially access the internet. No recipient of a subpoena issued pursuant to this section shall provide any such content or records accessed, in response to such subpoena.


CREDIT(S)


Added by St.1966, c. 352. Amended by St.1997, c. 164, § 292; St.2008, c. 169, § 80, eff. April 10, 2007; St.2008, c. 205, § 3, eff. Oct. 22, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 18. Policy lotteries or shops; production, sale or possession of lottery tickets or tokens


Whoever keeps, sets up, promotes or is concerned as owner, agent, clerk or in any other manner, in managing a policy lottery or policy shop, or writes, prints, sells, transfers or delivers a ticket, certificate, slip, bill, token or other device, purporting or designed to guarantee or assure to a person, or to entitle him to a chance of drawing or obtaining a prize or thing of value in a lottery or in the game or device commonly known as policy lottery or policy, whether drawn or determined, or remaining to be drawn or determined, or who receives from a person any money or other thing of value for such article or chance; or for himself or another writes, prints, sells, transfers or delivers or has in his possession for the purpose of sale, transfer or delivery, or in any way aids in selling, exchanging, negotiating, transferring or delivering a chance or ticket in a lottery, or in the game or device commonly known as policy lottery or policy, whether drawn or to be drawn, or any such bill, slip, certificate, token or other device, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 19


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 19. Production, advertisement or delivery of tickets; receipt of money; prima facie evidence


The printing, writing, advertising, issuing or delivery of any ticket, paper, document or other article or material representing or purporting to represent the existence of or any chance or interest in any lottery, policy lottery or policy game, pool or pools, registered or other bet or other game or hazard, whether drawn or determined, or remaining to be drawn or determined, or the receiving of money or other thing of value for such article or chance, shall be prima facie evidence of the existence, location and drawing of such lottery, policy lottery or policy game, and of the act or event upon which such pool or pools, bet, game or hazard depends or may depend, and of the unlawful character of such lottery, policy lottery, pool, bet, game or hazard, and the issuing or delivery of such ticket, paper, document or other article or material shall be prima facie evidence of value received therefor by the person, company or corporation issuing or delivering the same, or aiding or abetting therein, and that such person, company or corporation is concerned in keeping, managing or promoting such lottery, pool, bet, game or hazard. This section shall not apply to advertising of gaming conducted pursuant to chapter 23K.


CREDIT(S)


Amended by St.2011, c. 194, § 62, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 20


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 20. Tickets, memoranda, books and sheets; nuisance; possession; concealment


All lottery, policy or pool tickets, slips or checks, memoranda of any combination or other bet, manifold or other policy or pool books or sheets, are hereby declared a common nuisance and the possession thereof unlawful; and the possession of any such article, or of any other implements, apparatus or materials of any other form of gaming, shall be prima facie evidence of their use, by the person having them in possession, in the form of gaming in which like articles are commonly used. Any such article found upon the person of one lawfully arrested for violation of any law relative to lotteries, policy lotteries or policy, the buying or selling of pools or registering of bets or other form of gaming shall be competent evidence upon the trial of a complaint or indictment to which it may be relevant. If a person so arrested in a building or structure or part thereof conceals or attempts to conceal such articles upon his person or elsewhere, the possession and concealment or attempt at concealment thereof shall be prima facie evidence that the place in which the same occurs is kept, maintained, used or occupied for the form of gaming in which like articles are commonly used. Nothing in this section shall prohibit a gaming establishment licensed under chapter 23K from posting, advertising or displaying materials relevant to its gaming operations.


CREDIT(S)


Amended by St.2011, c. 194, § 63, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 21


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 21. Words, figures or characters referring to game or contest; prima facie evidence; proof


In a prosecution or proceeding relative to lotteries, policy lotteries or policy, buying and selling pools or registered bets, any words, figures or characters, written, printed or exposed upon a blackboard, placard or otherwise, in a place alleged to be used or occupied for such business, purporting or appearing to be a name of a horse or jockey, or a description of or reference to a trial or contest of skill, speed or endurance of man, beast, bird or machine, or game, competition, political nomination, appointment or election, or other act or event, or any odds, bet, combination bet or other stake or wager, or any code, cipher or substitute therefor, shall be prima facie evidence of the existence of the race, game, contest or other act or event so purporting or appearing to be referred to, and that such place is kept or occupied for gaming; and in all cases the same may be proved by a copy or by oral description thereof.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 22


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 22. Delivery to or from a person engaged in a lottery or other illegal gaming


Whoever receives a letter, package or parcel for delivery to or transportation from a person, or delivers or transports the same to or from a person, having reasonable cause to believe that such person is engaged or in any way concerned in the management or promotion of or agency for a lottery, or the game known as policy lottery or policy, or the buying or selling of pools or registering of bets, or other form of illegal gaming, and that such letter, package or parcel has relation to such business, shall be punished by a fine of not less than fifty nor more than five hundred dollars; but this section shall not apply to the receipt, carriage or delivery of United States mail matter by an officer or employee thereof.


CREDIT(S)


Amended by St.2011, c. 194, § 64, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 22A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 22A. Whist or bridge for charitable and similar purposes


Nothing in this chapter shall authorize the prosecution, arrest or conviction of any person for conducting or promoting, or for allowing to be conducted or promoted, a game of cards commonly called whist or bridge, in connection with which prizes are offered to be won by chance; provided, that the entire proceeds of the charges for admission to such game are donated solely to charitable, civic, educational, fraternal or religious purposes.


CREDIT(S)


Amended by St.1934, c. 371; St.1936, c. 222; St.1936, c. 283; St.1943, c. 267.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 22B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 22B. Beano; sale of lottery tickets


Nothing in this chapter shall authorize the prosecution, arrest or conviction of any person for promoting or playing, or for allowing to be conducted, promoted or played, the game commonly called beano, or substantially the same game under another name in connection with which prizes are offered to be won by chance or for selling lottery tickets or shares; provided, said game or sales are conducted under a license issued by the director of the state lottery, under the provisions of sections thirty-seven or thirty-eight of chapter ten.


CREDIT(S)


Added by St.1971, c. 486, § 2. Amended by St.1973, c. 729, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 23


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 23. Oath and warrant to enter gaming or lottery place, arrest persons and seize implements and materials; disposal of articles


If a person makes oath before a district court or justice of the peace authorized to issue warrants in criminal cases that he suspects or has probable cause to suspect that a house or other building, room or place is used as and for a common gaming house, for gaming for money or other property, or is occupied, used or kept for promoting a lottery, or for the sale of lottery tickets, or for promoting the game known as policy lottery or policy, or for the buying or selling of pools or registering of bets upon any race, game, contest, act or event, and that persons resort thereto for any such purpose, such court or justice, whether the names of the persons last mentioned are known to the complainant or not, shall, if satisfactory evidence is presented, issue a warrant commanding the sheriff or his deputy or any constable or police officer to enter such house, building, room or place, and to arrest the keepers thereof, all persons in any way assisting in keeping the same, whether as janitor, doorkeeper, watchman or otherwise, all persons who are there found participating in any form of gaming and all persons present whether so participating or not, if any lottery, policy or pool tickets, slips, checks, manifold books or sheets, memoranda of any bet, or other implements, apparatus or materials of any form of gaming are found in said place, and to take into their custody all the implements, apparatus or materials of gaming, as aforesaid, and all the personal property, including money, furniture and fixtures there found, and to keep said persons, implements, apparatus or materials, property, including money, furniture and fixtures so that they may be forthcoming before some court or magistrate to be dealt with according to law. The provisions of chapter two hundred and seventy-six relative to disposal of gaming articles seized upon search warrants shall apply to all articles and property seized as herein provided for; provided, however, that such provisions shall not apply to gaming conducted pursuant to chapter 23K.


CREDIT(S)


Amended by St.1934, c. 235, § 3; St.1934, c. 303, § 1; St.1953, c. 319, § 30; St.2011, c. 194, § 65, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 24


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 24. Race tracks; owners, proprietors of, or persons present


This chapter shall not authorize the arrest or conviction of the owner or proprietor of a race track or trotting course for the reason that another person has without his knowledge or consent violated any of its provisions relative to the buying and selling of pools or the registering or making of bets or to any offence mentioned in the preceding section; nor the arrest or conviction of a person for being present on a race track or trotting course where pools are sold or bets registered or made on trials of speed or endurance between horses or other animals; but this exception shall not apply to a person in any way participating or assisting in the buying or selling of pools or registering of bets.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 25


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 25. Obstructions barring access to gaming places; removal; lien of expenses


If a captain of police in Boston or marshal or chief of police in any other city or town in the commonwealth finds that access to any building, apartment or place which he has reasonable cause to believe is resorted to for the purpose of unlawful gaming is barred by any obstruction, such as a door, window, shutter, screen, bar or grating of unusual strength, other than what is usual in ordinary places of business, or any unnecessary number of doors, windows or obstructions, he shall order the same removed by the owner or agent of the building where such obstruction exists, and if any of said officers cannot find either of the persons mentioned, so as to make personal service, said notice shall be posted upon the outside of the apartments and on the outside of said building, and upon the neglect to remove such obstruction for seven days from the date of said order or posting of said notices, any of said officers shall cause such obstruction to be removed from such building, and the expense of such removal shall be a lien on said building and be collected by the officer removing such obstruction, in the manner in which a mechanic's lien is collected.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 26


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 26. Subsequent obstructions; removal; punishment; lien


If, within one year after removal of said obstruction, the premises are again obstructed as above defined, the captain of police or marshal or chief of police shall have the same power of removal as provided in the preceding section, and in addition the owner or agent when such second order of removal is given, either by personal service or by posting on the building, shall be punished by a fine of not less than two hundred and fifty nor more than five hundred dollars, and the amount of said fine shall be a lien upon said building and be collected in like manner as provided in the preceding section. And for every subsequent obstruction as above defined, at any time within two years of the giving of the second notice, as above provided, said officers shall have the same powers as provided in the preceding section for removing the obstructions, and the owner or agent at the time such third or subsequent order of removal is given, either by personal service or by posting on the building, shall be punished by a fine of not less than five hundred nor more than one thousand dollars or may be punished by imprisonment for one year, and the amount of said fine shall be a lien upon the said building, and shall be collected in like manner as above provided. Obstructions as above defined, erected more than two years after the giving of the notice of the third offence, shall be construed to be a first offence under this section.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 27


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 27. Judicial notice of methods and character of lotteries, policy games, pools and betting; prima facie evidence


Any court or magistrate having criminal jurisdiction may take judicial notice of the general methods and character of lotteries, policy lotteries or the game called policy, pools or combination bets, and the buying and selling of pools and registering of bets. In the trial of a complaint or indictment to which it may be relevant, any lottery, policy or pool ticket, certificate, slip or check, manifold or other policy or pool book or sheet, or memorandum of any pool or sale of pools, or of a bet or odds, or combination bet, or any other implement, apparatus, materials or articles of a character commonly employed in or in connection with lotteries, policy lotteries or policy, the buying or selling of pools or registering of bets, or other form of gaming, shall be prima facie evidence of the existence and unlawful character of a lottery, policy lottery or game, pool or pools, bet, game or hazard, or other form of gaming in which like articles are commonly used, and that such article has relation thereto.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 28


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 28. Lotteries or illegal gaming; complaints and indictments


No plea of misnomer shall be received to a complaint or indictment for violation of any law relative to lotteries, policy lotteries or policy, the selling of pools or registering of bets, or any form of illegal gaming; but the defendant may be arraigned, tried, sentenced and punished under any name by which he is complained of or indicted. No such complaint or indictment shall be abated, quashed or held insufficient by reason of any alleged defect, either of form or substance, if the same is sufficient to enable the defendant to understand the charge and to prepare his defence. No variance between such complaint or indictment and the evidence shall be deemed material, unless in some matter of substance essential to the charge under the rule above prescribed.


CREDIT(S)


Amended by St.2011, c. 194, § 66, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 29


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 29. Sale, exchange or disposition of property; misrepresentation


Whoever sells, exchanges or disposes of any property, or offers or attempts so to do, upon a representation, advertisement, notice or inducement that anything other than what is specifically stated to be the subject of the sale or exchange is or is to be delivered or received, or is in any way connected with or is a part of the transaction, or whoever gives a stamp, coupon or other device which entitles a purchaser to demand or receive from a person or company other than the merchant dealing in the goods purchased or the manufacturer thereof, any other property than that actually sold or exchanged, or whoever delivers by any person or company other than the merchant dealing in the goods purchased, or the manufacturer thereof, goods, wares or merchandise upon the presentation of such stamp, coupon or other device, shall be punished by a fine of not less than ten nor more than five hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 30


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 30. Trading stamps or similar devices; sale or delivery


Whoever, in connection with the sale of any article or any merchandise whatsoever, sells, gives or delivers any trading stamps, checks, coupons or similar devices to be exchanged for, or to be redeemed by the giving of, any indefinite or undescribed article, the nature and value of which are not stated, or to be exchanged for, or to be redeemed by the giving of, any article not distinctly bargained for at the time when such trading stamps or other devices as aforesaid were sold, given or delivered, shall be punished by a fine of not less than ten nor more than fifty dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 31


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 31. Racing horses for bets or stakes


Whoever, except in trials of speed of horses for premiums offered by legally constituted agricultural societies, or by corporations authorized thereto by section fourteen of chapter one hundred and eighty, engages in racing, running, trotting or pacing a horse or other animal of the horse kind for a bet, wager of money or other thing of value or a purse or stake made within the commonwealth, or whoever aids or abets therein, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. This section shall not apply to racing conducted pursuant to chapter 23K.


CREDIT(S)


Amended by St.2011, c. 194, § 67, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 31A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 31A. Racing results or information; transmission for unlawful purposes


Whoever transmits the results of a race, or information as to the progress of a race during the running thereof, in a racing meeting as defined in section one of chapter one hundred and twenty-eight A, by any means to another knowing that such results or information is to be used or intended to be used for unlawful purposes or in furtherance of unlawful gambling, shall be punished by a fine of not more than five thousand dollars or by imprisonment in a jail or house of correction for not more than two and one half years or in the state prison for not more than five years, or by both such fine and imprisonment.


This section shall not be construed as prohibiting a newspaper from printing such results for publication as news, or a television or radio station from telecasting or broadcasting such results or information as news.


CREDIT(S)


Added by St.1964, c. 330.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 32


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 32. Horse racing; fraud


Whoever, for the purpose of competing for a purse or premium offered by an agricultural society, or by a person or association in the commonwealth, knowingly and designedly enters or drives a horse that is painted or disguised, or is a different horse from the one that purports to be entered or driven, or knowingly and designedly, for the purpose of competing for a premium or purse, enters or drives a horse in a class to which it does not belong, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 33


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 33. Race grounds in towns


No land within a town shall be laid out or used as a race ground or trotting park without the previous consent of and location by the mayor and city council, the town council in a town having a town council or the selectmen in any other town, who may regulate and alter the terms and conditions under which the same shall be laid out, used or continued in use and may discontinue the same when in their judgment the public good so requires; and no land shall be used for any of the purposes declared unlawful in section thirty-one.


CREDIT(S)


Amended by St.1976, c. 217, § 5.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 34


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 34. Race grounds as nuisance; abatement


Every race ground or trotting park established, laid out, used or continued in use contrary to this chapter is declared a common nuisance and may be abated as such; and all persons owning, keeping, using or permitting to be used such race ground or trotting park, or aiding or abetting therein, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 35


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 35. Definition of words and phrases used in Secs. 35 to 38


The following words and phrases used in this and the three following sections of this chapter shall, unless a different meaning is required by the context, have the following meanings:


“Person”, an individual, partnership, corporation or association, whether acting in his or their own right or as the officer, agent, servant, correspondent or representative of another.


“Contract”, any agreement, trade or transaction.


“Securities”, all evidences of debt or property and options for the purchase and sale thereof, shares in any corporation, joint stock company or association, bonds, coupons, scrip, rights, choses in action and other evidences of debt or property and options for the purchase or sale thereof.


“Commodities”, anything movable that is bought and sold.


“Bucket shop”, any room, office, store, building or other place where any contract prohibited by the following section is made or offered to be made.


“Keeper”, any person owning, keeping, managing, operating or promoting a bucket shop, or assisting to keep, manage, operate or promote a bucket shop.


“Bucketing” or “Bucket-shopping”,


(a) The making of, or offering to make, any contract respecting the purchase or sale, either upon credit or upon margin, of any securities or commodities, wherein both parties thereto intend, or such keeper intends, that such contract shall be, or may be, terminated, closed or settled according to, or upon the basis of, the public market quotations of prices made on any board of trade or exchange upon which said securities or commodities are dealt in, and without a bona fide purchase or sale of the same; or


(b) The making of, or offering to make, any contract respecting the purchase or sale, either upon credit or upon margin, of any securities or commodities, wherein both parties intend, or such keeper intends, that such contract shall be, or may be, deemed terminated, closed or settled, when such public market quotations of prices for the securities or commodities named in such contract shall reach a certain figure without a bona fide purchase or sale of the same; or


(c) The making of, or offering to make, any contract respecting the purchase or sale, either upon credit or upon margin, of any securities or commodities, wherein both parties do not intend, or such keeper does not intend, the actual or bona fide receipt or delivery of such securities or commodities, but do intend, or such keeper does intend, a settlement of such contract based upon the differences in such public market quotations of prices at which said securities or commodities are, or are asserted to be, bought and sold.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 36


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 36. Bucketing contracts; keeper of shop; domestic and foreign corporations


Whoever makes, or offers to make, any contract of bucketing or bucket-shopping, or who is the keeper of any bucket shop, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year. Whoever shall be convicted of a second offence shall be punished by imprisonment for not more than five years. The continuing of the keeping of a bucket shop, by any person, after the first conviction therefor, shall be deemed a second offence hereunder. If a domestic corporation shall be convicted of a second offence, the supreme judicial court may, upon an information in equity in the name of the attorney general, at the relation of the commissioner of revenue, dissolve the corporation; and if a foreign corporation shall be convicted of a second offence, the supreme judicial court may, in the same manner, restrain it from doing business in this commonwealth.


CREDIT(S)


Amended by St.1978, c. 514, § 233.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 37


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 37. Prohibited contracts; price quotations


Whoever shall communicate, receive, exhibit or display in any manner any statement of quotations of prices of any securities or commodities with an intent to make, or offer to make, or to aid in making, or offering to make, any contract prohibited by the preceding section shall be punished as provided therein.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 38


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 38. Purchases and sales of securities or commodities; written statement


Every person shall furnish, upon demand, to any customer or principal for whom such person has executed any order for the actual purchase or sale of any securities or commodities, either for immediate or future delivery, a written statement containing the names of the persons from whom such property was bought, or to whom it has been sold, as the fact may be, the time when, place where and the price at which the same was either bought or sold; and if such person refuses or neglects to furnish such statement within twenty-four hours after such demand, such refusal or neglect shall be prima facie evidence that such purchase or sale was bucketing or bucket-shopping.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 39


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 39. Gifts to influence business affairs; threats


(a) Whoever, in relation to any transaction or matter concerning the business affairs of an employer, principal or beneficiary (1) offers, gives or agrees to give an agent or fiduciary of another person any benefit or anything of value with intent to influence the recipient's conduct, or (2) as an agent or fiduciary, solicits, accepts or agrees to accept any benefit or anything of value from another person who is not an employee, principal, or beneficiary upon an agreement or understanding that such benefit or thing of value will influence his conduct, shall be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than ten thousand dollars, or both.


(b) Whoever, verbally or by a written or printed communication, threatens an economic injury to another, or threatens to deprive another of an economic opportunity, with intent to compel that person to do any act, involving the use or disposition of anything of value against his will, shall be punished by imprisonment in the state prison for not more than five years, or in the house of correction for not more than two years, or by a fine of not more than five thousand dollars, or both. The provisions of this paragraph shall not apply to any labor disputes as defined in section two of chapter one hundred and fifty A.


CREDIT(S)


Amended by St.1980, c. 531, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 39A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 39A. Gifts to influence action of participants in, and others connected with, a game or contest


Whoever gives, promises or offers to any professional or amateur baseball, football, hockey, polo, tennis or basketball player or any boxer or any player who participates or expects to participate in any professional or amateur game or sport or any jockey, driver or groom or any person participating or expecting to participate in any horse race, including owners of race tracks and their employees, stewards, trainers, judges, starters or special policemen, or to any manager, coach or trainer of any team or participant or prospective participant in any such game, contest or sport, any valuable thing with intent to influence him to lose, or try to lose, or cause to be lost, or to limit his or his team's margin of victory in, a baseball, football, hockey or basketball game, boxing, tennis or polo match or a horse race or any professional or amateur sport, or game, in which such player or participant or jockey or driver, is taking part or expects to take part, or has any duty or connection therewith, or whoever, being a professional or amateur baseball, football, hockey, basketball, tennis or polo player, boxer, or jockey, driver, or groom or participant or prospective participant in any sport or game or a manager, coach or trainer of any team or individual participant or prospective participant in any such game, contest or sport, solicits or accepts any valuable thing to influence him to lose, or try to lose, or cause to be lost, or to limit his or his team's margin of victory in, a baseball, football, hockey or basketball game or boxing, tennis or polo match, or horse race or any game of sport in which he is taking part, or expects to take part, or has any duty or connection therewith, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than two years, or both.


CREDIT(S)


Added by St.1947, c. 405.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 40


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 40. Appointment, reinstatement or discharge of employee of public service corporation or racing licensee on recommendation of public officer, officer elect or candidate


No railroad, street railway, electric light, gas, telegraph, telephone, water or steamboat company, and no licensee conducting a horse or dog racing meeting under chapter one hundred and twenty-eight A, shall appoint, promote, reinstate, suspend or discharge any person employed or seeking employment by any such company or licensee at the request of the governor, lieutenant governor, or any member or member elect of the council or of the general court, or candidate therefor, justice of the supreme judicial court, justice of the superior court, judge of probate, judge of the land court, justice of a district court, district attorney, member or member elect of a board of county commissioners, or candidate for county commissioner, mayor or mayor elect of a city, or candidate therefor, member or member elect of a board of aldermen, or selectmen, or city council, or any executive, administrative or judicial officer, clerk or employee of any branch of the government of the commonwealth or of any county, city or town; nor shall any such public officer or body, or any member or member elect thereof or candidate therefor, directly or indirectly advocate, oppose or otherwise interfere in, or make any request, recommendation, endorsement, requirement or certificate relative to, and the same, if made, shall not be required as a condition precedent to, or be in any way regarded or permitted to influence or control, the appointment, promotion, reinstatement or retention of any person employed or seeking employment by any such company or licensee, and no such person shall solicit, obtain, exhibit, or otherwise make use of any such official request, recommendation, certificate or endorsement in connection with any existing or desired employment by a public service corporation or by any such licensee. Any person or corporation violating any provision of this section shall be punished by a fine of not less than fifty nor more than one hundred dollars.


CREDIT(S)


Amended by St.1954, c. 323.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 41


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 41. Offices not public offices under Sec. 40


The offices of probation officer, notary public, justice of the peace, prison officer, agent of the commissioner of correction and agent of the department of public welfare shall not be considered public offices within the meaning of the preceding section.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 42


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 42. Boxing matches or exhibitions; betting or selling pools


Whoever bets or wagers or sells pools on any boxing or sparring match or exhibition shall be punished by imprisonment for not less than three months or by a fine of not less than fifty dollars, or both.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 43


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 43. Solicitation, disclosure, receipt or use of information concerning public assistance


Any person who, except for purposes directly connected with the administration of general public assistance, old age assistance, aid to the blind, or aid to families with dependent children, and in accordance with the rules and regulations of the department of transitional assistance made under authority of section ten of chapter eighteen, or of the commission for the blind made under authority of section one hundred and forty-nine of chapter six, as the case may be, shall solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of, or names of, or any information concerning, persons applying for or receiving general public assistance, old age assistance, aid to families with dependent children or aid to the blind, directly or indirectly derived from the records, papers, files or communications of the department of transitional assistance, any city or town welfare department or bureau of old age assistance, or the commission for the blind, as the case may be, or acquired in the course of the performance of official duties, shall be punished by a fine of not more than one hundred dollars. Nothing herein shall be construed to prevent the disclosure by the commissioner of revenue to the commissioner of transitional assistance or to the IV-D agency as set forth in chapter one hundred and nineteen A, in concert with a wage reporting system, of such information as may be necessary to ascertain or confirm the existence of fraud, abuse or improper payments to an applicant, for or recipient of, public assistance; and nothing herein shall be construed to prevent the disclosure to said IV-D agency of information necessary for setoff debt collection pursuant to chapter sixty-two D or any other child support enforcement purpose.


CREDIT(S)


Added by St.1941, c. 630, § 4. Amended by St.1945, c. 240, § 3; St.1963, c. 432, § 15; St.1966, c. 535, § 14; St.1967, c. 658, § 78; St.1978, c. 367, § 54E; St.1982, c. 581, § 4; St.1993, c. 460, § 87; St.1995, c. 5, § 95.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 44


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 44. Hospital or sanitarium patient; settlement, release or statement; admissibility


Except as provided below, no settlement or general release or statement in writing signed by any person confined in a hospital or sanitarium as a patient with reference to any personal injuries for which said person is confined in said hospital or sanitarium shall be admissible in evidence, used or referred to in any manner at the trial of any action to recover damages for personal injuries or consequential damages, so called, resulting therefrom, which statement, settlement or general release was obtained within fifteen days after the injuries were sustained and such settlement or release shall be null and void unless at least five days prior to the obtaining or procuring of such general release or statement such injured party had signified in writing his willingness that such general release or statement be given. This section shall not apply to statements or releases obtained by police officers or inspectors of motor vehicles in the performance of their duty, members of the family of such person or by or on behalf of his attorney. The provisions of this section shall not apply to chapter one hundred and fifty-two.


CREDIT(S)


Added by St.1950, c. 166, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 45


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 45. Repealed, 1982, 21, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 46


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 46. Discarded containers originally used for refrigerative purposes; removal of doors


Whoever fails to remove the door or doors from a container originally used for refrigerative purposes before discarding it, or setting it aside for failure to use such container, or before keeping it out of doors for sale or any other purpose in a place accessible to unattended children, shall be punished by a fine of not more than one thousand dollars.


CREDIT(S)


Added by St.1953, c. 187. Amended by St.1954, c. 191, § 1; St.1958, c. 604; St.1959, c. 107; St.1959, c. 431.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 47


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 47. Telephones; gambling convictions; approval for installation; notices of convictions and removals


A telephone shall not be installed for a person convicted of an illegal gaming activity under this chapter without the approval in writing of the head of both the police department of the municipality in which such telephone would be installed and the head of the criminal information section of the state police, and a telephone shall not be reinstalled without such approval for a period of one year from the date of removal in any premises from which it has been removed for such illegal activity, whether or not there has been a conviction. The criminal information section shall notify the telephone companies of convictions in such cases, and telephone companies doing business in the commonwealth shall notify the criminal information section of the state police of any such removals.


CREDIT(S)


Added by St.1958, c. 347. Amended by St.1973, c. 793, § 5.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 48


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 48. Civil service preparatory courses; advertisement


Any school or person offering courses in preparation for civil service examinations shall cause to be printed in bold type on all its advertisements and circulars and all contracts to be entered into with prospective students a statement that disabled veterans who qualify for appointment must be given preference for appointment over veterans and non-veterans and that veterans must be given preference over non-veterans. Whoever violates the provisions of this section shall be punished by a fine of not less than fifty nor more than five hundred dollars.


CREDIT(S)


Added by St.1962, c. 91.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 49


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 49. Criminal usury


(a) Whoever in exchange for either a loan of money or other property knowingly contracts for, charges, takes or receives, directly or indirectly, interest and expenses the aggregate of which exceeds an amount greater than twenty per centum per annum upon the sum loaned or the equivalent rate for a longer or shorter period, shall be guilty of criminal usury and shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. For the purposes of this section the amount to be paid upon any loan for interest or expenses shall include all sums paid or to be paid by or on behalf of the borrower for interest, brokerage, recording fees, commissions, services, extension of loan, forbearance to enforce payment, and all other sums charged against or paid or to be paid by the borrower for making or securing directly or indirectly the loan, and shall include all such sums when paid by or on behalf of or charged against the borrower for or on account of making or securing the loan, directly or indirectly, to or by any person, other than the lender, if such payment or charge was known to the lender at the time of making the loan, or might have been ascertained by reasonable inquiry.


(b) Whoever, with knowledge of the contents thereof, possesses any writing, paper, instrument or article used to record a transaction proscribed under the provisions of paragraph (a) shall be punished by imprisonment in a jail or house of correction for not more than two and one half years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment.


(c) Any loan at a rate of interest proscribed under the provisions of paragraph (a) may be declared void by the supreme judicial or superior court in equity upon petition by the person to whom the loan was made.


(d) The provisions of paragraph (a) to (c), inclusive, shall not apply to any person who notifies the attorney general of his intent to engage in a transaction or transactions which, but for the provisions of this paragraph, would be proscribed under the provisions of paragraph (a) providing any such person maintains records of any such transaction. Such notification shall be valid for a two year period and shall contain the person's name and accurate address. No lender shall publicly advertise the fact of such notification nor use the fact of such notification to solicit business, except that such notification may be revealed to an individual upon his inquiry. Illegal use of such notification shall be punished by a fine of one thousand dollars. Such records shall contain the name and address of the borrower, the amount borrowed, the interest and expenses to be paid by the borrower, the date the loan is made and the date or dates on which any payment is due. Any such records shall be made available to the attorney general for the purposes of inspection upon his request. Such records and their contents shall be confidential but may be used by the attorney general, or any district attorney with the approval of the attorney general, for the purposes of conducting any criminal proceeding to which such records or their contents are relevant.


(e) The provisions of this section shall not apply to any loan the rate of interest for which is regulated under any other provision of general or special law or regulations promulgated thereunder or to any lender subject to control, regulation or examination by any state or federal regulatory agency.


CREDIT(S)


Added by St.1970, c. 826. Amended by St.1971, c. 368.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271 § 50


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271. Crimes Against Public Policy (Refs & Annos)

§ 50. Sale of research papers, etc.; taking of examinations for another at educational institutions


Whoever, alone or in concert with others, sells to another, or arranges for or assists in such sale for another, a theme, term paper, thesis or other paper or the written results of research, knowing or having reason to know that such theme, term paper, thesis or other paper or research results or substantial material therefrom will be submitted or used by some other person for academic credit and represented as the original work of such person at an educational institution in the commonwealth or elsewhere without proper attribution as to source, or whoever takes an examination for another at any educational institution in the commonwealth, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, or both.


CREDIT(S)


Added by St.1973, c. 874.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 271A, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271A. Enterprise Crime



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271A § 1


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271A. Enterprise Crime (Refs & Annos)

§ 1. Definitions


As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:


“Criminal enterprise activity”, the commission, attempt to commit or conspiracy to commit or the solicitation, coercion, aiding, abetting or intimidation of another to commit any of the following criminal activities under the laws of the commonwealth or equivalent crimes under the laws of any other jurisdiction: a violation of any criminal provision of chapter 23K; a felony offense under chapter 271; distributing, dispensing, manufacturing or possessing with intent to distribute, dispense or manufacture a controlled substance in violation of chapter 94C; murder; rape; manslaughter, not including motor vehicle homicide; assault; assault and battery; assault and battery in order to collect a loan; assault with intent to rob or murder; poisoning; mayhem; robbery; extortion; stalking; criminal harassment; kidnapping; arson; burglary; malicious destruction of property; commission of a felony for hire; breaking and entering; child exploitation; assault and battery on a child; rape of a child; rape and abuse of a child; enticement of a child under 16; human trafficking; violation of constitutional rights under section 37 of chapter 265; usury; uttering; misuse or fraudulent use of credit cards under section 37C of chapter 266; identity fraud; misappropriation of funds; gross fraud under section 76 of chapter 276; insurance fraud; unlawful prize fighting or boxing matches; counterfeiting; perjury; subornation of perjury; obstruction of justice; money laundering; witness intimidation; bribery; electronic eavesdropping; prostitution under sections 2, 3, 4A, 4B, 6, 7, 12 and 13 of chapter 272; receiving stolen property; larceny over $250; larceny by false pretenses or embezzlement; forgery; procurement fraud; false claims; tax evasion; filing false tax returns; or any conduct defined as a racketeering activity under Title 18, U.S.C. s. 1961(1)(A)(B) and (D).


“Enterprise”, an entity including any individual, sole proprietorship, partnership, corporation, association, trust or other legal entity and any unchartered union or group of persons associated in fact although not a legally-recognized entity.


“Gaming establishment”, an establishment licensed under chapter 23K.


“Pattern of criminal enterprise activity”, engaging in at least 3 incidents of criminal enterprise activity that have the same or similar pattern, intents, results, accomplices, victims or methods of commission or are otherwise interrelated by distinguishing characteristics and are not isolated incidents; provided, however, that at least 1 of the incidents shall have occurred after the effective date of this chapter and the last incident shall have occurred within 5 years of another incident of criminal enterprise activity.


“Unlawful debt”, a debt which was incurred or contracted in an illegal gambling activity or business or which is unenforceable under state or federal law, in whole or in part, as to principal or interest under the law relating to usury.


CREDIT(S)


Added by St.2011, c. 194, § 68, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271A § 2


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271A. Enterprise Crime (Refs & Annos)

§ 2. Enterprise crime; penalties


Whoever knowingly: (1) through a pattern of criminal enterprise activity or through the collection of an unlawful debt acquires or maintains, directly or indirectly, an interest in or control of an enterprise which is engaged in, or the activities of which affect, licensed gaming under chapter 23K or ancillary industries which do business with a gaming establishment; (2) having received proceeds derived, directly or indirectly, from a pattern of criminal enterprise activity or through the collection of an unlawful debt, uses or invests, directly or indirectly, part of the proceeds, including proceeds derived from the investment, in the acquisition of an interest in real property to be used in connection with licensed gaming, or in the establishment or operation of an enterprise which is engaged in, or the activities of which affect, licensed gaming operations or ancillary industries which do business with a gaming establishment; (3) is employed by or associated with an enterprise to conduct or participate, directly or indirectly, in the conduct of the enterprise's affairs or activities which affect licensed gaming operations or ancillary industries which do business with a gaming establishment by engaging in a pattern of criminal enterprise activity or through the collection of an unlawful debt; or (4) conspires or attempts to violate clauses (1), (2), or (3) or attempts to so conspire; shall be guilty of enterprise crime and shall be punished by imprisonment in the state prison for not more than 15 years or by a fine of not more than $25,000 or by both such imprisonment and fine.


Nothing in this chapter shall prohibit the purchase of securities on the open market for purposes of investment made without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, if the securities of the issuer held by the: (i) purchaser; (ii) members of the purchaser's immediate family; or (iii) the purchaser's accomplices in any pattern of criminal activity for the collection of an unlawful debt after such purchase do not amount, in the aggregate, to 1 per cent of the outstanding securities of any 1 class and do not confer, either in law or in fact, the power to elect 1 or more directors of the issuer.


CREDIT(S)


Added by St.2011, c. 194, § 68, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 271A § 3


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 271A. Enterprise Crime (Refs & Annos)

§ 3. Seizure and forfeiture of proceeds or property obtained as result of violation of chapter


All monetary proceeds or other property, real, intellectual or personal, obtained directly as a result of a violation of this chapter, shall be subject to seizure and forfeiture to the commonwealth. Forfeiture proceedings shall be conducted as provided in subsections (b) to (j), inclusive of section 47 of chapter 94C. For the purposes of subsection (d) of said section 47 of said chapter 94C, the investigation and enforcement bureau of the Massachusetts gaming commission established in chapter 23K shall be considered a police department and shall be entitled to a police department's distribution of forfeiture proceedings.


CREDIT(S)


Added by St.2011, c. 194, § 68, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 272, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 1. Enticing away person under 16 for marriage


Whoever fraudulently and deceitfully entices or takes away an unmarried person under sixteen from the house of such person's parents or elsewhere, without the consent of the parent or guardian, if any, under whose care and custody such person is living, for the purpose of effecting a clandestine marriage of such person without the consent of such parent or guardian, shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or both.


CREDIT(S)


Amended by St.1978, c. 379, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 2. Enticing away person for prostitution or sexual intercourse


Whoever fraudulently and deceitfully entices or takes away a person from the house of his parent or guardian or elsewhere, for the purpose of prostitution or for the purpose of unlawful sexual intercourse, and whoever aids and assists in such abduction for such purpose, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment in jail.


CREDIT(S)


Amended by St.1978, c. 379, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 3. Drugging persons for sexual intercourse


Whoever applies, administers to or causes to be taken by a person any drug, matter or thing with intent to stupefy or overpower such person so as to thereby enable any person to have sexual intercourse or unnatural sexual intercourse with such person shall be punished by imprisonment in the state prison for life or for any term of years not less than ten years.


CREDIT(S)


Amended by St.1978, c. 379, § 4; St.1998, c. 232, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 4. Inducing person under eighteen to have sexual intercourse


Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than $1,000 or by both such fine and imprisonment.


CREDIT(S)


Amended by St.1998, c. 232, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 4A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 4A. Inducing minor into prostitution


Whoever induces a minor to become a prostitute, or who knowingly aids and assists in such inducement, shall be punished by imprisonment in the state prison for not more than five, nor less than three years, and by a fine of five thousand dollars. The sentence of imprisonment imposed under this section shall not be reduced to less than three years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served three years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.


CREDIT(S)


Added by St.1979, c. 676.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 4B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 4B. Living off or sharing earnings of minor prostitute


Whoever lives or derives support or maintenance, in whole or in part, from the earnings or proceeds of prostitution committed by a minor, knowing the same to be earnings or proceeds of prostitution, or shares in such earnings, proceeds or monies, shall be punished by imprisonment in the state prison for not less than five years and by a fine of five thousand dollars. The sentence imposed under this section shall not be reduced to less than five years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served five years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.


CREDIT(S)


Added by St.1979, c. 676.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 5. Repealed, 1987, 522, Sec. 22



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 6. Owner of place inducing or suffering person to resort in such place for sexual intercourse


Whoever, being the owner of a place or having or assisting in the management or control thereof induces or knowingly suffers a person to resort to or be in or upon such place, for the purpose of unlawfully having sexual intercourse for money or other financial gain, shall be punished by imprisonment in the state prison for a period of five years and a five thousand dollar fine.


The sentence of imprisonment imposed under this section shall not be reduced to less than two years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served two years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.


CREDIT(S)


Amended by St.1978, c. 379, § 5; St.1979, c. 472; St.1980, c. 409.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 7. Support from, or sharing, earnings of prostitute


Whoever, knowing a person to be a prostitute, shall live or derive support or maintenance, in whole or in part, from the earnings or proceeds of his prostitution, from moneys loaned, advanced to or charged against him by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or shall share in such earnings, proceeds or moneys, shall be punished by imprisonment in the state prison for a period of five years and by a fine of five thousand dollars.


The sentence of imprisonment imposed under this section shall not be reduced to less than two years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served two years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.


CREDIT(S)


Amended by St.1977, c. 589; St.1980, c. 409.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 8


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 8. Soliciting for prostitute


Whoever solicits or receives compensation for soliciting for a prostitute shall be punished by imprisonment in a house of correction for not more than 2 and one-half years, or by a fine of not less than $1,000 and not more than $5,000 or by both such imprisonment and fine.


CREDIT(S)


Amended by St.2011, c. 178, § 24, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 9. Oath and warrant to enter place for prostitution; detention of person in control and prostitute; recognizance to appear as witness


If a person makes oath before a district court that he has probable cause to suspect that a house, building, room or place is kept or resorted to for prostitution and that a certain person owning or having or assisting in the management or control of such house, building, room or place knowingly suffers another person to be in or upon such place for the purpose of unlawfully having sexual intercourse, said court shall, if satisfied that there is probable cause thereof, issue a warrant commanding the sheriff or his deputy, or any constable or police officer, to enter such house, building, room or place and search for such owner or person in control, and take into custody both the owner or person in control and such other person as may be in or upon such place for such purpose. Said owner or person in control shall be detained for not more than twenty-four hours until complaint may be made against him, and any such other person for a reasonable time until brought before said court to be recognized with or without sureties at the discretion of said court to appear as witnesses before the next or any succeeding sitting of said court. This section shall be in addition to and not in derogation of the common law.


CREDIT(S)


Amended by St.1959, c. 313, § 9; St.1978, c. 379, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 10. Arrest without warrant


Nothing in the preceding section shall prevent the arrest and detention without a warrant of any person who, the officer serving said process may have reasonable cause to believe, is violating any provision of this chapter, or is keeping a house, room or place resorted to for prostitution or lewdness, and said officer may upon such search arrest without a warrant any such person, and detain him until complaint may be made against him.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 11. Corroboration of one witness; limitations


A person shall not be convicted under sections 2, 4 and 6 upon the evidence of one witness only, unless his testimony is corroborated in a material particular, and prosecution for a violation of any of said sections shall not be commenced more than one year after the commission of the crime.


CREDIT(S)


Amended by St.1998, c. 232, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 12. Procuring person to practice, or enter a place for, prostitution; employment office procuring person


Whoever knowingly procures, entices, sends, or aids or abets in procuring, enticing or sending, a person to practice prostitution, or to enter as an inmate or a servant a house of ill fame or other place resorted to for prostitution, whether within or without the commonwealth, shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment for not less than three months nor more than two years. Whoever as a proprietor or keeper of an employment agency, either personally or through an agent or employee, procures or sends a person to enter as aforesaid a house of ill fame or other place resorted to for prostitution, the character of which on reasonable inquiry could have been ascertained by him, shall be punished by a fine of not less than fifty nor more than two hundred dollars.


CREDIT(S)


Amended by St.1969, c. 59, § 3; St.1978, c. 379, § 7.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 13. Detaining, or drugging to detain, person in place for prostitution


Whoever, for any length of time, unlawfully detains or attempts to detain, or aids or abets in unlawfully detaining or attempting to detain, or provides or administers or aids or abets in providing or administering any drug or liquor for the purpose of detaining a person in a house of ill fame or other place where prostitution is practiced or allowed, shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not less than one nor more than two and one half years or by a fine of not less than one hundred nor more than five hundred dollars.


CREDIT(S)


Amended by St.1978, c. 379, § 7.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 14. Adultery


A married person who has sexual intercourse with a person not his spouse or an unmarried person who has sexual intercourse with a married person shall be guilty of adultery and shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than five hundred dollars.


CREDIT(S)


Amended by St.1978, c. 379, § 7.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 15. Polygamy


Whoever, having a former husband or wife living, marries another person or continues to cohabit with a second husband or wife in the commonwealth shall be guilty of polygamy, and be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one half years or by a fine of not more than five hundred dollars; but this section shall not apply to a person whose husband or wife has continually remained beyond sea, or has voluntarily withdrawn from the other and remained absent, for seven consecutive years, the party marrying again not knowing the other to be living within that time, nor to a person who has been legally divorced from the bonds of matrimony.


CREDIT(S)


Amended by St.1969, c. 301.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 16. Open and gross lewdness and lascivious behavior


A man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars.


CREDIT(S)


Amended by St.1987, c. 43.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 17


Effective: May 1, 2002


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 17. Incestuous marriage or sexual activities


Persons within degrees of consanguinity within which marriages are prohibited or declared by law to be incestuous and void, who intermarry or have sexual intercourse with each other, or who engage in sexual activities with each other, including but not limited to, oral or anal intercourse, fellatio, cunnilingus, or other penetration of a part of a person's body, or insertion of an object into the genital or anal opening of another person's body, or the manual manipulation of the genitalia of another person's body, shall be punished by imprisonment in the state prison for not more than 20 years or in the house of correction for not more than 2   1/2 years.


CREDIT(S)


Amended by St.2002, c. 13.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 18. Fornication


Whoever commits fornication shall be punished by imprisonment for not more than three months or by a fine of not more than thirty dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 19


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 19. Procuring miscarriage


Whoever, with intent to procure the miscarriage of a woman, unlawfully administers to her, or advises or prescribes for her, or causes any poison, drug, medicine or other noxious thing to be taken by her or, with the like intent, unlawfully uses any instrument or other means whatever, or, with like intent, aids or assists therein, shall, if she dies in consequence thereof, be punished by imprisonment in the state prison for not less than five nor more than twenty years; and, if she does not die in consequence thereof, by imprisonment in the state prison for not more than seven years and by a fine of not more than two thousand dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 20


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 20. Advertising relative to miscarriage or prevention of pregnancy


Except as provided in section twenty-one A, whoever knowingly advertises, prints, publishes, distributes or circulates, or knowingly causes to be advertised, printed, published, distributed or circulated, any pamphlet, printed paper, book, newspaper, notice, advertisement or reference containing words or language giving or conveying any notice, hint or reference to any person, or to the name of any person, real or fictitious, from whom, or to any place, house, shop or office where any poison, drug, mixture, preparation, medicine or noxious thing, or any instrument or means whatever, or any advice, direction, information or knowledge may be obtained for the purpose of causing or procuring the miscarriage of a woman pregnant with child or of preventing, or which is represented as intended to prevent, pregnancy shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two and one half years or by a fine of not more than one thousand dollars.


CREDIT(S)


Amended by St.1966, c. 265, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 21


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 21. Instruments or other articles for self-abuse, prevention of conception or abortion, in general


Except as provided in section twenty-one A, whoever sells, lends, gives away, exhibits, or offers to sell, lend or give away an instrument or other article intended to be used for self-abuse, or any drug, medicine, instrument or article whatever for the prevention of conception or for causing unlawful abortion, or advertises the same, or writes, prints, or causes to be written or printed a card, circular, book, pamphlet, advertisement or notice of any kind stating when, where, how, of whom or by what means such article can be purchased or obtained, or manufactures or makes any such article shall be punished by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years or by a fine of not less than one hundred nor more than one thousand dollars.


CREDIT(S)


Amended by St.1966, c. 265, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 21A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 21A. Furnishing drugs, articles or information for prevention of pregnancy or conception


A registered physician may administer to or prescribe for any married person drugs or articles intended for the prevention of pregnancy or conception. A registered pharmacist actually engaged in the business of pharmacy may furnish such drugs or articles to any married person presenting a prescription from a registered physician.


A public health agency, a registered nurse, or a maternity health clinic operated by or in an accredited hospital may furnish information to any married person as to where professional advice regarding such drugs or articles may be lawfully obtained.


This section shall not be construed as affecting the provisions of sections twenty and twenty-one relative to prohibition of advertising of drugs or articles intended for the prevention of pregnancy or conception; nor shall this section be construed so as to permit the sale or dispensing of such drugs or articles by means of any vending machine or similar device.


CREDIT(S)


Added by St.1966, c. 265, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 21B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 21B. Privately controlled hospital or health facility; abortion or sterilization procedures; contraceptive devices and family planning services


No privately controlled hospital or other health facility shall be required to admit any patient for the purpose of performing an abortion, performing any sterilization procedure, or receiving contraceptive devices or information.


No privately controlled hospital or other privately controlled health facility shall be required to permit any patient to have an abortion, or any sterilization procedure performed in said hospital or other health facility, or to furnish contraceptive devices or information to such patient, nor shall such a hospital or other health facility be required to furnish any family planning services within or through said hospital or other health facility or to make referrals to any other hospital or health facility for such services when said services or referrals are contrary to the religious or moral principles of said hospital or said health facility as expressed in its charter, by-laws or code of ethics, or vote of its governing body.


Any such hospital or other health facility exercising the rights granted in this section shall not on account of the exercise thereof, be disciplined or discriminated against in any manner or suffer any adverse determination by any person, firm, corporation, or other entity, including but in no way limited to any political subdivision, board, commission, department, authority, or agency of the commonwealth.


CREDIT(S)


Added by St.1973, c. 521, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 22


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 22. Concealment of death of child born out of wedlock


A parent who conceals the death of the issue of such parent, which if born alive would be a child born out of wedlock, so that it cannot be ascertained whether it was born alive or, if born alive, whether it was murdered, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than one year.


CREDIT(S)


Amended by St.1977, c. 848, § 1; St.1986, c. 334, § 12.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 23


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 23. Joinder of charges of murder and offense under Sec. 22


A parent indicted for murder of the infant child born out of wedlock of such parent may also be charged in the same indictment with the crime described in the preceding section, and if acquitted of murder, such parent may be convicted of the concealment.


CREDIT(S)


Amended by St.1977, c. 848, § 1; St.1986, c. 334, § 13.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 24


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 24. Keeping house of ill fame


Whoever keeps a house of ill fame which is resorted to for prostitution or lewdness shall be punished by imprisonment for not more than two years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 25


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 25. Obstructing view of restaurant or tavern patrons; barricaded entrances


Any person owning, managing or controlling a restaurant, tavern or other place in any town, where food or drink is sold to the public to be consumed upon the premises or required to be licensed under chapter one hundred and thirty-eight, and any employee of such person, who provides, maintains, uses or permits the use of a booth, stall or enclosure of any description whatever which is so closed by curtains, screens or other devices that the persons within cannot at any time plainly be seen by other persons in such restaurant, tavern or other place, or in any division thereof, unless the enclosure is approved by the licensing authorities, and any person conducting such an establishment who maintains barred or barricaded entrances or exits thereto or other devices or appliances designed to impede access thereto by police officers, official inspectors and other officers entitled to enter the same, shall be punished by a fine of not less than fifty nor more than five hundred dollars or by imprisonment for not more than six months, or both.


CREDIT(S)


Amended by St.1933, Ex.Sess., c. 376, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 26


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 26. Resorting to restaurants or taverns for immoral purposes


Whoever, for the purpose of immoral solicitation or immoral bargaining, shall resort to any café, restaurant, tavern, as defined in section one of chapter one hundred and thirty-eight, or other place where food or drink is sold or served to be consumed upon the premises, and whoever shall resort to any such place for the purpose of, in any manner, inducing another person to engage in immoral conduct, and whoever, being in or about any such place, shall engage in any such acts, and any person owning, managing or controlling such place and any employee of such person who induces or knowingly suffers any person to resort to, or be in such place for the purpose of immoral solicitation or immoral bargaining, shall be punished by a fine of not less than twenty-five nor more than five hundred dollars or by imprisonment for not more than one year, or both.


CREDIT(S)


Amended by St.1939, c. 451, § 66; St.1962, c. 224.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 27


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 27. Record of convictions under Sec. 25 or Sec. 26 sent to licensing officers


The clerk of the court in which any person is convicted of a violation of either of the two preceding sections shall forthwith send a copy of the record of such conviction to the officer or board issuing any license or licenses under which the place where the offence was committed is conducted.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 28


Effective: April 11, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 28. Matter harmful to minors, dissemination; possession; defenses


Whoever purposefully disseminates to a person he knows or believes to be a minor any matter harmful to minors, as defined in section 31, knowing it to be harmful to minors, or has in his possession any such matter with the intent to disseminate the same to a person he knows or believes to be a minor, shall be punished by imprisonment in the state prison for not more than 5 years or in a jail or house of correction for not more than 2   1/2 years, or by a fine of not less than $1000 nor more than $10,000 for the first offense, not less than $5000 nor more than $20,000 for the second offense, or not less than $10,000 nor more than $30,000 for a third or subsequent offenses, or by both such fine and imprisonment. A person who disseminates an electronic communication or possesses an electronic communication with the intent to disseminate it shall not be found to have violated this section unless he specifically intends to direct the communication to a person he knows or believes to be a minor. A prosecution commenced under this section shall not be continued without a finding or placed on file. It shall be a defense in a prosecution under this section that the defendant was in a parental or guardianship relationship with the minor. It shall also be a defense in a prosecution under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.


CREDIT(S)


Amended by St.1934, c. 231; St.1943, c. 239; St.1945, c. 278, § 1; St.1948, c. 328; St.1959, c. 492, § 1; St.1966, c. 418, § 1; St.1974, c. 430, § 1; St.1982, c. 603, § 2; St.2011, c. 9, § 19, eff. April 11, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 28A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 28A, 28B. Repealed, 1974, 430, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 28B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 28A, 28B. Repealed, 1974, 430, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 28C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 28C. Information or petition against obscene books; order of notice to show cause; notice of order; interlocutory adjudication; defense


Whenever there is reasonable cause to believe that a book which is being disseminated, or is in the possession of any person who intends to disseminate the same, is obscene, the attorney general, or any district attorney within his district, shall bring an information or petition in equity in the superior court directed against said book by name. Upon the filing of such information or petition in equity, a justice of the superior court shall, if, upon a summary examination of the book, he is of opinion that there is reasonable cause to believe that such book is obscene, issue an order of notice, returnable in or within thirty days, directed against such book by name and addressed to all persons interested in the dissemination thereof, to show cause why said book should not be judicially determined to be obscene. Notice of such order shall be given by publication once each week for two successive weeks in a daily newspaper published in the city of Boston and, if such information or petition be filed in any county other than Suffolk county, then by publication also in a daily newspaper published in such other county. A copy of such order of notice shall be sent by registered mail to the publisher of said book, to the person holding the copyrights, and to the author, in case the names of any such persons appear upon said book, fourteen days at least before the return day of such order of notice. After the issuance of an order of notice under the provisions of this section, the court shall, on motion of the attorney general or district attorney, make an interlocutory finding and adjudication that said book is obscene, which finding and adjudication shall be of the same force and effect as the final finding and adjudication provided in section twenty-eight E or section twenty-eight F, but only until such final finding and adjudication is made or until further order of the court. It shall be an affirmative defense under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.


CREDIT(S)


Added by St.1945, c. 278, § 1. Amended by St.1974, c. 430, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 28D


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 28D. Answer to notice; right to jury trial


Any person interested in the dissemination of said book may appear and file an answer on or before the return day named in said notice or within such further time as the court may allow, and may claim a right to trial by jury on the issue whether said book is obscene.


CREDIT(S)


Added by St.1945, c. 278, § 1. Amended by St.1974, c. 430, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 28E


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 28E. Order of default; adjudication


If no person appears and answers within the time allowed, the court may at once upon motion of the petitioner, or of its own motion, no reason to the contrary appearing, order a general default and if the court finds that the book is obscene, may make an adjudication against the book that the same is obscene.


CREDIT(S)


Added by St.1945, c. 278, § 1. Amended by St.1974, c. 430, § 5.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 28F


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 28F. Hearing; evidence; adjudication


If an appearance is entered and answer filed, the case shall be set down for speedy hearing, but a default and order shall first be entered against all persons who have not appeared and answered, in the manner provided in section twenty-eight E. Such hearing shall be conducted in accordance with the usual course of proceedings in equity including all rights of exception and appeal. At such hearing the court may receive the testimony of experts and may receive evidence as to the literary, artistic, political or scientific character of said book and as to the manner and form of its dissemination. Upon such hearing, the court may make an adjudication in the manner provided in said section twenty-eight E.


CREDIT(S)


Added by St.1945, c. 278, § 1. Amended by St.1974, c. 430, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 28G


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 28G. Objection that mere judgment sought and no relief claimed on issue of knowledge


An information or petition in equity under the provisions of section twenty-eight C shall not be open to objection on the ground that a mere judgment, order or decree is sought thereby and that no relief is or could be claimed thereunder on the issue of the defendant's knowledge as to the obscenity.


CREDIT(S)


Added by St.1945, c. 278, § 1. Amended by St.1974, c. 430, § 7.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 28H


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 28H. Proceeding under Sec. 28C as evidence in trial under Sec. 29; presumptions as to knowledge


In any trial under section twenty-nine on an indictment found or a complaint made for any offence committed after the filing of a proceeding under section twenty-eight C, the fact of such filing and the action of the court or jury thereon, if any, shall be admissible in evidence. If prior to the said offence a final decree had been entered against the book, the defendant, if the book be obscene, shall be conclusively presumed to have known said book to be obscene, or if said decree had been in favor of the book he shall be conclusively presumed not to have known said book to be obscene, or if no final decree had been entered but a proceeding had been filed prior to said offence, the defendant shall be conclusively presumed to have had knowledge of the contents of said book.


CREDIT(S)


Added by St.1945, c. 278, § 1. Amended by St.1974, c. 430, § 8.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 28I


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 28I. Certain procedures as condition precedent to institution of proceedings for dissemination of obscene books


The procedures set forth in sections twenty-eight C, twenty-eight D, twenty-eight E, twenty-eight G and twenty-eight H shall be a condition precedent to the institution of any proceedings pursuant to section twenty-nine or thirty for dissemination of obscene books.


CREDIT(S)


Added by St.1974, c. 430, § 8.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 29


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 29. Dissemination or possession of obscene matter; punishment; defense


Whoever disseminates any matter which is obscene, knowing it to be obscene, or whoever has in his possession any matter which is obscene, knowing it to be obscene, with the intent to disseminate the same, shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than one thousand nor more than ten thousand dollars for the first offense, not less than five thousand nor more than twenty thousand dollars for the second offense, or not less than ten thousand nor more than thirty thousand dollars for the third and subsequent offenses, or by both such fine and imprisonment. A prosecution commenced under this section shall not be continued without a finding nor placed on file. It shall be a defense under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.


CREDIT(S)


Amended by St.1974, c. 430, § 9; St.1982, c. 603, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 29A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 29A. Posing or exhibiting child in state of nudity or sexual conduct; punishment


(a) Whoever, either with knowledge that a person is a child under eighteen years of age or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, and with lascivious intent, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to pose or be exhibited in a state of nudity, for the purpose of representation or reproduction in any visual material, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.


(b) Whoever, either with knowledge that a person is a child under eighteen years of age or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to participate or engage in any act that depicts, describes, or represents sexual conduct for the purpose of representation or reproduction in any visual material, or to engage in any live performance involving sexual conduct, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.


(c) In a prosecution under this section, a minor shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.


(d) For the purposes of this section, the determination whether the person in any visual material prohibited hereunder is under eighteen years of age may be made by the personal testimony of such person, by the testimony of a person who produced, processed, published, printed or manufactured such visual material that the child therein was known to him to be under eighteen years of age, or by expert medical testimony as to the age of the person based upon the person's physical appearance, by inspection of the visual material, or by any other method authorized by any general or special law or by any applicable rule of evidence.


CREDIT(S)


Added by St.1982, c. 364, § 2. Amended by St.1982, c. 603, § 4; St.1984, c. 189, § 165; St.1987, c. 294, §§ 1, 2; St.1988, c. 226, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 29B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 29B. Dissemination of visual material of child in state of nudity or sexual conduct; punishment


(a) Whoever, with lascivious intent, disseminates any visual material that contains a representation or reproduction of any posture or exhibition in a state of nudity involving the use of a child who is under eighteen years of age, knowing the contents of such visual material or having sufficient facts in his possession to have knowledge of the contents thereof, or has in his possession any such visual material knowing the contents or having sufficient facts in his possession to have knowledge of the contents thereof, with the intent to disseminate the same, shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment.


(b) Whoever with lascivious intent disseminates any visual material that contains a representation or reproduction of any act that depicts, describes, or represents sexual conduct participated or engaged in by a child who is under eighteen years of age, knowing the contents of such visual material or having sufficient facts in his possession to have knowledge of the contents thereof, or whoever has in his possession any such visual material knowing the contents or having sufficient facts in his possession to have knowledge of the contents thereof, with the intent to disseminate the same, shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment.


(c) For the purposes of this section, the determination whether the child in any visual material prohibited hereunder is under eighteen years of age may be made by the personal testimony of such child, by the testimony of a person who produced, processed, published, printed or manufactured such visual material that the child therein was known to him to be under eighteen years of age, by testimony of a person who observed the visual material, or by expert medical testimony as to the age of the child based upon the child's physical appearance, by inspection of the visual material, or by any other method authorized by any general or special law or by any applicable rule of evidence.


(d) In a prosecution under this section, a minor shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.


(e) Pursuant to this section, proof that dissemination of any visual material that contains a representation or reproduction of sexual conduct or of any posture or exhibition in a state of nudity involving the use of a child who is under eighteen years of age was for a bona fide scientific, medical, or educational purpose for a bona fide school, museum, or library may be considered as evidence of a lack of lascivious intent.


CREDIT(S)


Added by St.1977, c. 917, § 2. Renumbered by St.1982, c. 364, § 2. Amended by St.1982, c. 603, § 5; St.1984, c. 189, § 166; St.1988, c. 226, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 29C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 29C. Knowing purchase or possession of visual material of child depicted in sexual conduct; punishment


Whoever knowingly purchases or possesses a negative, slide, book, magazine, film, videotape, photograph or other similar visual reproduction, or depiction by computer, of any child whom the person knows or reasonably should know to be under the age of 18 years of age and such child is:


(i) actually or by simulation engaged in any act of sexual intercourse with any person or animal;


(ii) actually or by simulation engaged in any act of sexual contact involving the sex organs of the child and the mouth, anus or sex organs of the child and the sex organs of another person or animal;


(iii) actually or by simulation engaged in any act of masturbation;


(iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal;


(v) actually or by simulation engaged in any act of excretion or urination within a sexual context;


(vi) actually or by simulation portrayed or depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; or


(vii) depicted or portrayed in any pose, posture or setting involving a lewd exhibition of the unclothed genitals, pubic area, buttocks or, if such person is female, a fully or partially developed breast of the child; with knowledge of the nature or content thereof shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than $1,000 nor more than $10,000, or by both such fine and imprisonment for the first offense, not less than five years in a state prison or by a fine of not less than $5,000 nor more than $20,000, or by both such fine and imprisonment for the second offense, not less than 10 years in a state prison or by a fine of not less than $10,000 nor more than $30,000, or by both such fine and imprisonment for the third and subsequent offenses.


A prosecution commenced under this section shall not be continued without a finding nor placed on file.


The provisions of this section shall not apply to a law enforcement officer, licensed physician, licensed psychologist, attorney or officer of the court who is in possession of such materials in the lawful performance of his official duty. Nor shall the provisions of this section apply to an employee of a bona fide enterprise, the purpose of which enterprise is to filter or otherwise restrict access to such materials, who possesses examples of computer depictions of such material for the purposes of furthering the legitimate goals of such enterprise.


CREDIT(S)


Added by St.1997, c. 181, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 30


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 30. Injunctive relief against dissemination of obscene matter; jurisdiction; procedures; appeal


The superior court shall have jurisdiction to enjoin the dissemination of any matter which is obscene. The attorney general or a district attorney within his district may request an injunction against any person, firm, or corporation which disseminates or is about to disseminate any matter which is obscene.


The person, firm, or corporation sought to be enjoined shall be entitled to a trial on the merits within one day after filing of responsive pleadings and a decision shall be rendered by the court within two days of the conclusion of the trial.


A justice of the superior court may issue a preliminary injunction pending the trial on the merits against such person, firm, or corporation which disseminates or is about to disseminate any matter which is obscene.


No preliminary injunction shall be issued without notice to the adverse party.


In any action brought as herein provided the attorney general or a district attorney shall not be required to furnish security before the issuance of any injunction provided for in this section and neither the commonwealth nor any county, shall be liable for costs or for damages sustained by reason of the injunction in cases where judgment is rendered in favor of the person, firm, or corporation sought to be enjoined.


If the court finds that the person, firm, or corporation is disseminating or is about to disseminate any obscene matter, it shall issue a permanent injunction prohibiting the dissemination of that matter. The court's order shall direct the person, firm or corporation to surrender to a sheriff or a police officer the matter found obscene and a sheriff or police officer shall be directed to seize and destroy the same.


Appeals shall be as otherwise provided by law in civil proceedings, but any party or intervenor shall have the right to an expedited appeal to the appeals court.


The procedures set forth in this section are in addition to criminal proceedings initiated under any provisions of the General Laws, and not a condition precedent thereto.


CREDIT(S)


Amended by St.1956, c. 724, § 1; St.1974, c. 430, § 10.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 30A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 30A to 30C. Repealed, 1974, 430, Sec. 11



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 30B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 30A to 30C. Repealed, 1974, 430, Sec. 11



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 30C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 30A to 30C. Repealed, 1974, 430, Sec. 11



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 30D


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 30D. Dissemination of visual material of child in state of nudity or sexual conduct; injunction; jurisdiction


The superior court shall also have jurisdiction to enjoin the dissemination of any visual material that contains a representation or reproduction of any posture or exhibition in a state of nudity or of any act that depicts, describes, or represents sexual conduct participated or engaged in by a child who is under eighteen years of age. The procedures for issuance of such injunction shall be the same as those provided in section thirty, and are in addition to other criminal proceedings initiated under any provisions of the General Laws, and not a condition precedent thereto.


CREDIT(S)


Added by St.1977, c. 917, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 31


Effective: July 11, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 31. Definitions


As used in sections twenty-eight, twenty-eight C, twenty-eight D, twenty-eight E, twenty-nine, twenty-nine A, twenty-nine B, thirty and thirty D, the following words shall, unless the context requires otherwise, have the following meanings:--


“Disseminate”, to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit or display.


“Harmful to minors”, matter is harmful to minors if it is obscene or, if taken as a whole, it (1) describes or represents nudity, sexual conduct or sexual excitement, so as to appeal predominantly to the prurient interest of minors; (2) is patently contrary to prevailing standards of adults in the county where the offense was committed as to suitable material for such minors; and (3) lacks serious literary, artistic, political or scientific value for minors.


“Knowing”, a general awareness of the character of the matter.


“Lascivious intent”, a state of mind in which the sexual gratification or arousal of any person is an objective. For the purposes of prosecution under this chapter, proof of lascivious intent may include, but shall not be limited to, the following:


(1) whether the circumstances include sexual behavior, sexual relations, infamous conduct of a lustful or obscene nature, deviation from accepted customs and manners, or sexually oriented displays;


(2) whether the focal point of a visual depiction is the child's genitalia, pubic area, or breast area of a female child;


(3) whether the setting or pose of a visual depiction is generally associated with sexual activity;


(4) whether the child is depicted in an unnatural pose or inappropriate attire, considering the child's age;


(5) whether the depiction denotes sexual suggestiveness or a willingness to engage in sexual activity;


(6) whether the depiction is of a child engaging in or being engaged in sexual conduct, including, but not limited to, sexual intercourse, unnatural sexual intercourse, bestiality, masturbation, sado-masochistic behavior, or lewd exhibition of the genitals.


“Minor”, a person under eighteen years of age.


“Nudity”, uncovered or less than opaquely covered human genitals, pubic areas, the human female breast below a point immediately above the top of the areola, or the covered male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple or areola only are covered.


“Matter”, any handwritten or printed material, visual representation, live performance or sound recording including, but not limited to, books, magazines, motion picture films, pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances, or any electronic communication including, but not limited to, electronic mail, instant messages, text messages, and any other communication created by means of use of the Internet or wireless network, whether by computer, telephone, or any other device or by any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system.


“Performance”, any play, dance, exhibit, or such similar activity performed before one or more persons.


“Obscene”, matter is obscene if taken as a whole it


(1) appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed;


(2) depicts or describes sexual conduct in a patently offensive way; and


(3) lacks serious literary, artistic, political or scientific value.


“Sexual conduct”, human masturbation, sexual intercourse, actual or simulated, normal or perverted, any lewd exhibitions of the genitals, flagellation or torture in the context of a sexual relationship, any lewd touching of the genitals, pubic areas, or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals, and any depiction or representation of excretory functions in the context of a sexual relationship. Sexual intercourse is simulated when it depicts explicit sexual intercourse which gives the appearance of the consummation of sexual intercourse, normal or perverted.


“Sexual excitement”, the condition of human male or female genitals or the breasts of the female while in a state of sexual stimulation or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.


“Visual material”, any motion picture film, picture, photograph, videotape, book, magazine, pamphlet that contains pictures, photographs or similar visual representations or reproductions, or depiction by computer, telephone or any other device capable of electronic data storage or transmission. Undeveloped photographs, pictures, motion picture films, videotapes and similar visual representations or reproductions may be visual materials notwithstanding that processing, development or similar acts may be required to make the contents thereof apparent.


CREDIT(S)


Amended by St.1967, c. 364, § 1; St.1970, c. 348, § 1; St.1972, c. 802, § 62; St.1974, c. 430, § 12; St.1977, c. 917, §§ 4 to 6; St.1982, c. 364, § 3; St.1982, c. 603, §§ 6, 7; St.1986, c. 557, § 198; St.1988, c. 226, §§ 3 to 8; St.2002, c. 161, §§ 1, 2; St.2010, c. 74, §§ 2, 3, eff. July 11, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 32


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 32. Motion picture theater managers or operators; applicability of Secs. 28, 29 and 29A


The provisions of sections twenty-eight, twenty-nine and twenty-nine A shall not apply to a manager or a motion picture operator or assistant operator licensed under sections seventy-five and seventy-six, respectively, of chapter one hundred and forty-three, who is employed in a motion picture theatre licensed under section one hundred and eighty-one of chapter one hundred and forty and the provisions of the state building code, in connection with a motion picture show exhibited in said theatre; provided that such manager, operator or assistant operator has no financial interest in the motion picture theatre wherein he is so employed; and provided, further, that such manager has no authority in determining which motion picture films are to be presented in said theatre.


CREDIT(S)


Amended by St.1967, c. 364, § 2; St.1970, c. 348, § 2; St.1972, c. 802, § 63; St.1974, c. 430, § 13; St.1977, c. 917, § 7.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 33


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 33. Exhibition of deformities


Whoever exhibits for hire an albino person, a minor or mentally ill person who is deformed or a person who has an appearance of deformity produced by artificial means shall be punished by a fine of not more than five hundred dollars.


CREDIT(S)


Amended by St.1971, c. 55; St.1987, c. 522, § 23.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 34


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 34. Crime against nature


Whoever commits the abominable and detestable crime against nature, either with mankind or with a beast, shall be punished by imprisonment in the state prison for not more than twenty years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 35


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 35. Unnatural and lascivious acts


Whoever commits any unnatural and lascivious act with another person shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 35A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 35A. Unnatural and lascivious acts with child under 16


Whoever commits any unnatural and lascivious act with a child under the age of sixteen shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years, and whoever over the age of eighteen commits a second or subsequent such offence shall be sentenced to imprisonment in the state prison for a term of not less than five years.


CREDIT(S)


Added by St.1955, c. 763, § 4. Amended by St.1973, c. 925, § 79.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 36


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 36. Blasphemy


Whoever wilfully blasphemes the holy name of God by denying, cursing or contumeliously reproaching God, his creation, government or final judging of the world, or by cursing or contumeliously reproaching Jesus Christ or the Holy Ghost, or by cursing or contumeliously reproaching or exposing to contempt and ridicule, the holy word of God contained in the holy scriptures shall be punished by imprisonment in jail for not more than one year or by a fine of not more than three hundred dollars, and may also be bound to good behavior.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 36A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 36A. Sporting events; penalty for abuse of participants and officials


Whoever, having arrived at the age of sixteen years, directs any profane, obscene or impure language or slanderous statement at a participant or an official in a sporting event, shall be punished by a fine of not more than fifty dollars.


CREDIT(S)


Added by St.1963, c. 203.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 37


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 37. Repealed, 1962, 285, Sec. 4



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 38


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 38. Disturbance of assembly for worship


Whoever wilfully interrupts or disturbs an assembly of people met for worship of God shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars.


CREDIT(S)


Amended by St.1970, c. 477.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 39


Effective: November 22, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 39. Selling goods and provisions, caring for horses, illegal gaming, horse racing or exhibits near camp meetings


Whoever, during the time of holding a camp or field meeting for religious purposes, and within one mile of the place thereof, hawks or peddles goods, wares or merchandise, or establishes or maintains a tent, booth or building for vending provisions or refreshments, or furnishes shelter and food for or has the care of horses for pay, without permission from the authorities or officers having the charge or direction of such meeting, or engages in illegal gaming or horse racing, or exhibits or offers to exhibit any show or play, shall forfeit not more than twenty dollars; provided, that the time of holding such meeting shall not exceed thirty consecutive days in any one year; and that a person having a regular, usual and established place of business within such limits need not suspend his business.


CREDIT(S)


Amended by St.2011, c. 194, § 69, eff. Nov. 22, 2011.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 40


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 40. Disturbance of schools or assemblies


Whoever wilfully interrupts or disturbs a school or other assembly of people met for a lawful purpose shall be punished by imprisonment for not more than one month or by a fine of not more than fifty dollars; provided, however, that whoever, within one year after being twice convicted of a violation of this section, again violates the provisions of this section shall be punished by imprisonment for one month, and the sentence imposing such imprisonment shall not be suspended.


CREDIT(S)


Amended by St.1969, c. 463, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 40A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 40A. Alcoholic beverages; gift, sale, delivery or possession on public school premises


Whoever gives, sells, delivers or has in his possession any alcoholic beverage, except for medicinal purposes, in any public school building, or on any premises used for public school purposes and under the charge of a school committee or other public board or officer, shall be punished by imprisonment for not more than thirty days or by a fine of not more than one hundred dollars, or both; provided, however, that a school committee of a city, town or district may authorize a public or nonprofit organization using a public school building with its permission during non school hours to possess and sell alcoholic beverages therein provided such nonprofit organization is properly licensed under the provisions of section fourteen of chapter one hundred and thirty-eight.


CREDIT(S)


Added by St.1962, c. 317. Amended by St.1978, c. 469.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 41


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 41. Disturbance of libraries


Whoever wilfully disturbs persons assembled in a public library, or a reading room connected therewith, by making a noise or in any other manner during the time when such library or reading room is open to the public shall be punished as provided in the preceding section.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 42


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 42. Disturbance of funerals


Whoever wilfully interrupts or by fast driving or otherwise in any way disturbs a funeral assembly or procession shall be punished as provided in section forty.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 42A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 42A. Disturbance of funeral services


Whoever pickets, loiters or otherwise creates a disturbance within five hundred feet of a funeral home, church or temple or other building where funeral services are being held, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year in a house of correction, or both.


CREDIT(S)


Added by St.1978, c. 563.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 43


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 43. Disorderliness in public conveyances; disturbance of travelers


Whoever, in or upon a railroad carriage, steamboat or other public conveyance, is disorderly, or disturbs or annoys travelers in or upon the same by profane, obscene or indecent language, or by indecent behavior, shall be punished as provided in section forty.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 43A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 43A. Smoking in public conveyances and transportation terminals


Whoever, in or upon a railroad carriage, steamboat, or other public conveyance, or in a terminal or other facility of the Massachusetts Bay Transportation Authority, smokes or carries an open flame or lighted match, cigar, cigarette, or pipe shall be punished by imprisonment for not more than ten days or by a fine of not more than one hundred dollars, or both such fine and imprisonment.


CREDIT(S)


Added by St.1947, c. 358. Amended by St.1968, c. 310; St.1987, c. 219; St.1993, c. 175, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 44


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 44 to 50. Repealed, 1971, 1076, Sec. 11



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 45


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 44 to 50. Repealed, 1971, 1076, Sec. 11



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 46


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 44 to 50. Repealed, 1971, 1076, Sec. 11



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 47


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 44 to 50. Repealed, 1971, 1076, Sec. 11



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 48


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 44 to 50. Repealed, 1971, 1076, Sec. 11



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 49


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 44 to 50. Repealed, 1971, 1076, Sec. 11



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 50


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 44 to 50. Repealed, 1971, 1076, Sec. 11



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 51


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 51, 52. Repealed, 1957, 660, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 52


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 51, 52. Repealed, 1957, 660, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 53


Effective: July 1, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 53. Penalty for certain offenses


(a) Common night walkers, common street walkers, both male and female, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and disorderly houses, and persons guilty of indecent exposure shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.


(b) Disorderly persons and disturbers of the peace, for the first offense, shall be punished by a fine of not more than $150. On a second or subsequent offense, such person shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.


CREDIT(S)


Amended by St.1943, c. 377; St.1956, c. 715, § 21; St.1959, c. 304, § 1; St.1973, c. 1073, § 20; St.1983, c. 66, § 1; St.2009, c. 27, § 98, eff. July 1, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 53A


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 53A. Engaging in sexual conduct for a fee; engaging in sexual conduct with child under age 18 for a fee; penalties


(a) Whoever engages, agrees to engage or offers to engage in sexual conduct with another person in return for a fee, shall be punished by imprisonment in the house of correction for not more than 1 year or by a fine of not more than $500, or by both such imprisonment and fine, whether such sexual conduct occurs or not.


(b) Whoever pays, agrees to pay or offers to pay another person to engage in sexual conduct, or to agree to engage in sexual conduct with another person, shall be punished by imprisonment in the house of correction for not more than 2 and one-half years or by a fine of not less than $1,000 and not more than $5,000, or by both such imprisonment and fine, whether such sexual conduct occurs or not.


(c) Whoever pays, agrees to pay or offers to pay any person with the intent to engage in sexual conduct with a child under the age of 18, or whoever is paid, agrees to pay or agrees that a third person be paid in return for aiding a person who intends to engage in sexual conduct with a child under the age of 18, shall be punished by imprisonment in the state prison for not more than 10 years, or in the house of correction for not more than 2 and one-half years and by a fine of not less than $3,000 and not more than $10,000, or by both such imprisonment and fine, whether such sexual conduct occurs or not; provided, however, that a prosecution commenced under this section shall not be continued without a finding or placed on file.


CREDIT(S)


Added by St.1983, c. 66, § 2. Amended by St.2006, c. 363, eff. Feb. 14, 2007; St.2011, c. 178, § 25, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 54


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 54. Apprehension for certain offences, without warrant; custody


Whoever is found in a public way or other public place, committing any offence or disorder set forth in sections fifty-three and fifty-three A, may be apprehended by a sheriff, deputy sheriff, constable or police officer or by any other person by the order of a magistrate or any of said officers, without a warrant and be kept in custody for not more than twenty-four hours, Sundays and legal holidays excepted, until he can be taken before a court or trial justice having jurisdiction of such offence.


CREDIT(S)


Amended by St.1985, c. 142.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 55


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 55. Repealed, 1928, 155, Sec. 58



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 56


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 56. Subsequent offenses; breach of recognizance on appeal


If a person convicted under section fifty-three appeals from the sentence, the commission of any like offence by him before judgment on the appeal shall be a breach of the condition of the recognizance, if any was taken upon allowing the appeal.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 57


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 57. Discharge upon recognizance; payment of expenses of prosecution


When a person is brought before a magistrate upon a charge of any offence mentioned in sections fifty-three, sixty-six and sixty-eight, such magistrate, or the court before which the case may be carried on appeal, may at any stage of the proceedings direct the defendant or appellant to be discharged, upon his entering into a recognizance, with sufficient sureties, in such sum as the magistrate or court orders, for his good behavior for not less than six months nor more than two years, and paying the expenses of prosecution or such part thereof as the magistrate or court orders.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 58


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 58. Employing or permitting employment of minor under 15 to beg


A parent or other person who employs a minor under fifteen in begging or who, having the care or custody of such minor, permits him to engage in such employment shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 59


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 59. Ordinances or regulations relating to streets, reservations, or parkways; alcoholic beverages; profanity; arrest without warrant


Whoever remains in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, whoever is in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, the substance of which is the drinking or possession of alcoholic beverage, and whoever in a street or other public place accosts or addresses another person with profane or obscene language, in wilful violation of an ordinance or by-law of such town, may be arrested without a warrant by an officer authorized to serve criminal process in the place where the offence is committed and kept in custody until he can be taken before a court having jurisdiction of the offence.


CREDIT(S)


Amended by St.1981, c. 629.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 60


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 60. Disposal of rubbish, etc.; refusal to remove; arrest without warrant


Whoever commits a misdemeanor, as defined by a by-law, regulation or ordinance of a town or authority therein, in the presence of a police officer or an officer authorized to serve criminal process, the substance of which misdemeanor is the placing on or in or throwing into a public way, the sidewalk of a public way or a public alley, filth, rubbish or other substance, and, being requested by such officer forthwith to remove it, refuses or neglects so to do, and if the identity of such person is unknown to the officer, may be arrested by such officer and detained in a safe place without a warrant until his identity is ascertained. Reasonable diligence shall be exercised by the arresting officer in ascertaining the identity of the offender and when identified he shall be released from arrest unless a warrant has issued against him.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 61


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 61. Conviction after discharge from sentence under Sec. 53


Whoever, having been discharged under section one hundred and forty of chapter one hundred and twenty-seven, is afterward convicted of any offence mentioned in section fifty-three committed after the former conviction, either in the same or a different county, may be sentenced to hard labor in the house of correction for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 62


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 62. Third conviction of being a common nightwalker


If a complaint charges a person with being a common nightwalker, and it is proved at the trial that such person has been twice before convicted of the same offence, such person may be sentenced to the house of correction for not more than two and one half years or if a male, to the Massachusetts reformatory, or if a female, to the reformatory for women.


CREDIT(S)


Amended by St.1956, c. 715, § 22.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 63


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 63. Tramps; begging or riding freight trains as prima facie evidence


Whoever, not being under seventeen, or a person asking charity within his own town, roves about from place to place begging, or living without labor or visible means of support, shall be deemed a tramp. An act of begging or soliciting alms, whether of money, food, lodging or clothing, by a person having no residence in the town within which the act is committed, or the riding upon a freight train of a railroad, whether within or without any car or part thereof, without a permit from the proper officers or employees of such railroad or train, shall be prima facie evidence that such person is a tramp.


CREDIT(S)


Amended by St.1966, c. 343.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 64


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 64. Tramps; punishment; entering buildings; injuries to or threats against persons or property; carrying weapons


A tramp shall be punished by imprisonment in the house of correction for not more than thirty days; and if he enters a dwelling house or other building without the consent of the owner or occupant thereof, or wilfully or maliciously injures or threatens to injure any person therein, or threatens to do any injury to any person, or to the property of another, or is found carrying a firearm or other dangerous weapon, he shall be punished by imprisonment in the house of correction for not less than one nor more than two and one half years, but notwithstanding the foregoing a tramp found carrying a firearm or other dangerous weapon in violation of section ten of chapter two hundred and sixty-nine may be prosecuted and punished thereunder.


CREDIT(S)


Amended by St.1951, c. 119, § 1; St.1956, c. 715, § 23; St.1957, c. 315.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 65


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 65. Arrest of tramps without warrant; making complaint


A sheriff, deputy sheriff, constable or police officer, upon view or information of an offence described in the two preceding sections, may, without a warrant, arrest the offender, and make complaint against him therefor; and the state police shall make such arrests and complaints. Mayors and selectmen shall appoint special police officers, who shall also make such arrests and complaints in their respective towns.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 66


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 66. Vagrants


Persons wandering abroad and begging, or who go about from door to door or in public or private ways, areas to which the general public is invited, or in other public places for the purpose of begging or to receive alms, and who are not licensed or who do not come within the description of tramps as contained in section sixty-three, shall be deemed vagrants and may be punished by imprisonment for not more than six months in the house of correction.


CREDIT(S)


Amended by St.1939, c. 451, § 67; St.1951, c. 119, § 2; St.1969, c. 782.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 67


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 67. Vagrants; arrest without warrant; taking before court; complaint


Sheriffs, deputy sheriffs, constables and police officers, acting on the request of any person or upon their own information or belief, shall without a warrant arrest and carry any vagrant before a district court for the purpose of an examination, and shall make complaint against him.


CREDIT(S)


Amended by St.1959, c. 313, § 12.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 68


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 68. Vagabonds


A person known to be a pickpocket, thief or burglar, if acting in a suspicious manner around any steamboat landing, railroad depot, or any electric railway station, or place where electric railway cars stop to allow passengers to enter or leave the cars, banking institution, broker's office, place of public amusement, auction room, store, shop, crowded thoroughfare, car or omnibus, the dwelling place of another, or at any public gathering or assembly, shall be deemed a vagabond, and shall be punished by imprisonment in the house of correction for not less than four nor more than twelve months.


CREDIT(S)


Amended by St.1967, c. 367.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 69


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 69. Vagabonds; arrest without warrant; taking before court; complaint


Sheriffs, deputy sheriffs, constables and police officers shall take any such vagabond into custody without a warrant and shall, within twenty-four hours after such arrest, Sundays and legal holidays excepted, take him before a district court, and shall make complaint against him.


CREDIT(S)


Amended by St.1959, c. 313, § 13.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 70


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 70. Taking dead body on process or execution


A sheriff, deputy sheriff or constable who takes the body of a deceased person on mesne process or execution shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 71


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 71. Disinterring bodies


Whoever, not being lawfully authorized by the proper authorities, wilfully digs up, disinters, removes or conveys away a human body, or the remains thereof, or knowingly aids in such disinterment, removal or conveying away, and whoever is accessory thereto either before or after the fact, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two and one-half years or by a fine of not more than four thousand dollars.


CREDIT(S)


Amended by St.1982, c. 169, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 72


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 72. Buying, selling or possessing dead bodies


Whoever buys or sells, or has in his possession for the purpose of buying, selling or trafficking in, the dead body of a human being shall be punished by a fine of not less than fifty nor more than one thousand dollars or by imprisonment for not less than three months nor more than two and one half years.


CREDIT(S)


Amended by St.1974, c. 170.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 73


Effective: August 26, 2004


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 73. Tombs, graves, memorials, trees, plants; injuring, removing


Whoever wilfully destroys, mutilates, defaces, injures or removes a tomb, monument, gravestone, veteran's grave marker or metal plaque, veteran's flag holder that commemorates a particular war, conflict or period of service or flag, or other structure or thing which is placed or designed for a memorial of the dead, or a fence railing, curb or other thing which is intended for the protection or ornament of a structure or thing before mentioned or of an enclosure for the burial of the dead, or wilfully removes, destroys, mutilates, cuts, breaks or injures a tree, shrub or plant placed or being within such enclosure, or wantonly or maliciously disturbs the contents of a tomb or a grave, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the jail or house of correction for not more than two and one-half years and by a fine of not more than five thousand dollars.


CREDIT(S)


Amended by St.1958, c. 352; St.1966, c. 312; St.1972, c. 552, § 2; St.1979, c. 220; St.1982, c. 169, § 2; St.2004, c. 117, eff. Aug. 26, 2004.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 73A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 73A. Removal of gravestones and other memorials for repair or reproduction


In any city or town which accepts this section, the provisions of section seventy-three shall not prohibit the removal, in accordance with rules and regulations promulgated by the state secretary, of a gravestone or other structure or thing which is placed or designed as a memorial for the dead, for the purpose of repair or reproduction thereof by community sponsored, educationally oriented, and professionally directed repair teams.


CREDIT(S)


Added by St.1973, c. 448.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 74


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 74. Desecrating place of burial; use and occupation as evidence of title


Whoever wrongfully, and by any act not included in the preceding section, destroys, injures or removes a building, fence, railing or other thing lawfully erected in or around a place of burial or cemetery, or a tree, shrub or plant within its limits, or wrongfully injures a walk or path, or places rubbish or offensive matter or commits a nuisance therein, or in any way desecrates or disfigures the same, shall forfeit not less than five nor more than one hundred dollars. Upon the trial of a complaint hereunder, use and occupation for the purposes of burial shall be sufficient evidence of title.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 75


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 75. Removal of flowers, flags or memorial tokens from burial lot


Whoever, without authority, removes flowers, flags or memorial tokens from any grave, tomb, monument or burial lot in any cemetery or other place of burial shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months.


CREDIT(S)


Amended by St.1971, c. 407; St.1982, c. 169, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 76


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 76. Ways, railroads, canals or public easements through burial grounds


Whoever lays out, opens, or makes a highway or town way, or constructs a railroad or canal, or any other thing in the nature of a public easement, over, through, in or upon any part of an enclosure, which is the property of a city, town, parish, religious society or of private proprietors and is used or appropriated for the burial of the dead, unless authority for that purpose is specially granted by law, or unless the consent of such city, town, parish, religious society or proprietors, respectively, is first obtained, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 77


Effective: October 31, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 77. Cruelty to animals; prohibition from work involving contact with animals


Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or kills an animal, or causes or procures an animal to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated or killed; and whoever uses in a cruel or inhuman manner in a race, game, or contest, or in training therefor, as lure or bait a live animal, except an animal if used as lure or bait in fishing; and whoever, having the charge or custody of an animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, or unnecessarily fails to provide it with proper food, drink, shelter, sanitary environment, or protection from the weather, and whoever, as owner, possessor, or person having the charge or custody of an animal, cruelly drives or works it when unfit for labor, or willfully abandons it, or carries it or causes it to be carried in or upon a vehicle, or otherwise, in an unnecessarily cruel or inhuman manner or in a way and manner which might endanger the animal carried thereon, or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering or cruelty of any kind shall be punished by imprisonment in the state prison for not more than 5 years or imprisonment in the house of correction for not more than 2   1/2 years or by a fine of not more than $2,500, or by both such fine and imprisonment.


In addition to any other penalty provided by law, upon conviction for any violation of this section or of sections seventy-seven A, seventy-eight, seventy-eight A, seventy-nine A, seventy-nine B, eighty A, eighty B, eighty C, eighty D, eighty F, eighty-six, eighty-six A, eighty-six B or ninety-four the defendant shall forfeit to the custody of any society, incorporated under the laws of the commonwealth for the prevention of cruelty to animals or for the care and protection of homeless or suffering animals, the animal whose treatment was the basis of such conviction.


A person convicted of a crime of cruelty to an animal shall be prohibited from working in any capacity that requires such person to be in contact with an animal, including a commercial boarding or training establishment, shelter, animal control facility, pet shop, grooming facility, commercial breeder service, veterinary hospital or clinic or animal welfare society or other nonprofit organization incorporated for the purpose of providing for and promoting the welfare, protection and humane treatment of animals.


CREDIT(S)


Amended by St.1968, c. 59; St.1972, c. 46; St.1977, c. 679; St.1977, c. 921, § 2; St.1984, c. 50; St.1986, c. 337; St.1989, c. 534; St.2004, c. 319, § 4, eff. Nov. 17, 2004; St.2006, c. 434, § 1, eff. April 3, 2007; St.2012, c. 193, § 49, eff. Oct. 31, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 77A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 77A. Willfully injuring police dogs and horses


Whoever willfully tortures, torments, beats, kicks, strikes, mutilates, injures, disables or otherwise mistreats, a dog or horse owned by a police department or police agency of the commonwealth or any of its political subdivisions or whoever, willfully by any action whatsoever, interferes with the lawful performance of such dog or horse shall be punished by a fine of not less than one hundred dollars and not more than five hundred dollars or by imprisonment for not more than two and one-half years or both. Persons violating this section may be arrested without a warrant by any officer qualified to serve criminal process provided said offense is committed in his presence.


CREDIT(S)


Added by St.1978, c. 287.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 77B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 77B. Exhibition of wild animals


No person shall exhibit or sponsor an exhibition of any wild animal for the purpose of attracting trade at or for any place of amusement, recreation or entertainment. This section shall not be deemed to prevent the exhibition of any wild animal in a zoological garden or in connection with any theatrical exhibition or circus or by any educational institution or wild animal farm, whether on or off the premises of such educational institution or wild animal farm. Whoever violates the provisions of this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than thirty days.


CREDIT(S)


Added by St.1986, c. 416. Amended by St.1989, c. 253.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 78


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 78. Selling, leading, or using horses not fit for work; forfeiture of auctioneer's license


No person holding an auctioneer's license shall receive or offer for sale or sell at public auction, nor shall any person sell at private sale, or lead, ride or drive on any public way, for any purpose except that of conveying the horse to a proper place for its humane keeping or killing, or for medical or surgical treatment, any horse which, by reason of debility, disease or lameness, or for other cause, could not be worked in the commonwealth without violating the laws against cruelty to animals. This section shall not prohibit the purchase of horses by humane societies incorporated under the laws of the commonwealth for the purpose of humanely killing the same. Violation of this section shall be punished by a fine of not less than five nor more than one hundred dollars or by imprisonment for not more than six months. If a licensed auctioneer violates this section, he shall also forfeit his license.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 78A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 78A. Sale of foals under five months; penalty


No person shall sell, offer for sale or otherwise dispose of any foal under five months of age other than for the purpose of immediate slaughter or humane killing unless such foal is accompanied by its dam. Violation of this section shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months.


CREDIT(S)


Added by St.1969, c. 223.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 79


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 79. Corporation's responsibility under Sec. 77 or Sec. 78


A corporation violating either of the two preceding sections [FN1] shall be punished by a fine as therein provided, and shall be responsible for the knowledge and acts of its agents and servants relative to animals transported, owned or used by it or in its custody.


[FN1] Sections 77 and 78 of this chapter.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 79A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 79A. Cutting bones or muscles to dock or set tail of horse; wound as evidence


Whoever cuts the bone of the tail of a horse for the purpose of docking the tail, or whoever causes or knowingly permits the same to be done upon premises of which he is the owner, lessee, proprietor or user, or whoever assists in or is present at such cutting, shall be punished by imprisonment for not more than one year or by a fine of not less than one hundred nor more than three hundred dollars; and whoever cuts the muscles or tendons of the tail of a horse for the purpose of setting up the tail, or whoever causes or knowingly permits the same to be done upon premises of which he is the owner, lessee, proprietor or user, or whoever assists in or is present at such cutting, shall be punished by a fine of not more than two hundred and fifty dollars. If a horse is found with the bone of its tail cut as aforesaid or with the muscles or tendons of its tail cut as aforesaid, and with the wound resulting from such cutting unhealed, upon the premises or in the charge and custody of any person, such fact shall be prima facie evidence of a violation of this section by the owner or user of such premises or the person having such charge or custody, respectively.


CREDIT(S)


Added by St.1934, c. 234, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 79B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 79B. Exhibiting horse with tail cut under Sec. 79A; affidavit as to cutting in state where not prohibited; inspection


Whoever shows or exhibits at any horse show or exhibition in the commonwealth a horse with its tail cut in either manner prohibited in section seventy-nine A shall be punished by a fine of not more than two hundred and fifty dollars; provided, that this section shall not apply to the showing or exhibiting at such a show or exhibition of a horse with its tail cut in either manner prohibited by section seventy-nine A, if the owner of such horse furnishes to the manager or other official having charge of the horse show or exhibition at which such horse is shown or exhibited an affidavit by the owner, in a form approved by the director of the division of animal health of the department of food and agriculture, that the tail of such horse was so cut in a state wherein such cutting was not then specifically prohibited by the laws thereof and while the horse was actually owned by a legal resident of such state. Said affidavit shall state the year of such cutting, the name of the state wherein the cutting was done, and the sex and age of the horse, shall describe the markings of the horse, if any, and shall be subject to inspection by any officer or agent mentioned in section eighty-four.


CREDIT(S)


Added by St.1934, c. 234, § 1. Amended by St.1946, c. 131; St.1975, c. 706, § 301.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 80


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 80. Repealed, 1934, 234, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 80 1/2


Effective: July 21, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 80   1/2 . Devocalization of dogs or cats; definitions; penalty; exceptions; records


(a) For the purposes of this section, the following words shall have the following meanings:--


“Board”, the board of registration in veterinary medicine.


“Devocalization”, a procedure on the larynx or vocal cords of an animal which causes the reduction or elimination of vocal sounds produced by that animal.


(b) Whoever performs, or causes to be performed, the surgical devocalization of a dog or cat shall be punished by imprisonment in the state prison for not more than 5 years or imprisonment in a house of correction for not more than 2   1/2 years, or by a fine of not more than $2,500 or by both such fine and imprisonment. In addition to this penalty, the court may order that any person who violates this section shall successfully complete a course of instruction relative to the humane treatment of animals or be barred from owning or keeping a dog or cat or sharing a residence with another who owns or keeps a dog or cat for a period of time as determined by said court.


(c) Subsection (b) shall not apply if:


(1) the person performing such devocalization is licensed under section 55 of chapter 112; and


(2) surgical devocalization of a dog or cat is medically necessary to treat or relieve an illness, disease or injury or to correct a congenital abnormality that is causing or may cause the animal physical pain or harm; or


(3) the person who causes a devocalization procedure to be performed is relying upon the opinion of a person licensed under section 55 of chapter 112 that surgical devocalization of the dog or cat is medically necessary to treat or relieve an illness, disease or injury or to correct a congenital abnormality that is causing or may cause the animal physical pain or harm.


(d) A veterinarian who performs a surgical devocalization procedure on a dog or cat shall keep a record of the procedure for a period of 4 years after the last contact with the animal. This record shall include: the name and address of the animal’s owner; the name and address of the person from whom payment is received for the procedure; a description of the animal, including its name, species, breed, date of birth, sex, color, markings and current weight; the license number and municipality that issued the license for the animal; the date and time of the procedure; the reason the procedure was performed; and any diagnostic opinion, analysis or test results to support the diagnosis. These records shall be subject to audit by the board.


Any person who performs a devocalization procedure on a dog or cat shall report the number of all such procedures to the board annually on or before March 30. The board shall maintain all notices received under this subsection for 4 years from the date of receipt.


Records maintained under this subsection shall not be considered a public record, as defined in clause twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66, and these records shall not be publicly disseminated.


(e) The board shall, annually on or before March 1, report to the joint committee on the environment, natural resources and agriculture the number of animals that were the subject of devocalization notices received under subsection (d).


(f) Whoever being licensed under section 55 of chapter 112 violates any provision of this section shall be subject to the suspension or revocation of such license under section 59 of said chapter 112 and 256 CMR 7.00.


CREDIT(S)


Added by St.2010, c. 82, § 3, eff. July 21, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 80A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 80A. Cropping or cutting off ear of dog; wound as prima facie evidence


Whoever, not being a veterinarian duly registered under chapter one hundred and twelve, crops or cuts off the whole or any part of the ear of a dog shall be punished by a fine of not more than two hundred and fifty dollars. If a dog with an ear cropped or cut off in whole or in part and with the wound resulting therefrom unhealed is found confined upon the premises or in the charge or custody of any person other than such veterinarian, or a dog officer of a city or town duly appointed under section one hundred and fifty-one of chapter one hundred and forty, such fact shall be prima facie evidence of a violation of this section by the person in control of such premises or the person having such charge or custody.


CREDIT(S)


Amended by St.1962, c. 106.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 80B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 80B. Exhibiting dogs with ears cropped or cut off


Whoever shows or exhibits or procures to be shown or exhibited at any dog show or exhibition in the commonwealth a dog with an ear or ears cropped or cut off, except when and as certified to be reasonably necessary by a veterinarian duly registered under the laws of the state of his residence, shall be punished by a fine of not more than two hundred and fifty dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 80C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 80C. Taking cat, dog or bird to exhibit it, subject it to experimentation or mutilation, or to sell it for such purposes; application of law


Whoever, without the consent of the owner, takes a cat, dog or bird, with intent to exhibit or cause it to be exhibited or to subject it or cause it to be subjected to experimentation or mutilation while alive, or with intent to sell it or cause it to be sold for the purpose of being exhibited or subjected to experimentation or mutilation as aforesaid, shall be punished by a fine of not less than one hundred dollars nor more than the maximum fine permitted by law for the larceny of an article of the same value as such cat, dog or bird. This section shall not apply to an institution acquiring a cat, dog or bird under the provisions of chapter forty-nine A.


CREDIT(S)


Added by St.1945, c. 272. Amended by St.1957, c. 298, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 80D


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 80D. Living rabbits, baby chickens, ducklings or other fowl; sale, barter or gift


No person shall sell, offer for sale, barter or give away as premiums living baby chickens, ducklings or other fowl under two months of age.


No person shall sell, offer for sale, barter, display or give away living rabbits, chickens, ducklings or other fowl which have been dyed, colored or otherwise treated so as to impart to them an artificial color.


Nothing in this section shall be construed to prohibit the sale or display of baby chickens, ducklings or other fowl under two months of age by breeders or stores engaged in the business of selling for purposes of commercial breeding and raising; provided, however, that prior to May first in any year, such ducklings may be sold or purchased only in quantities of twenty-four or more.


This section shall not prohibit, however, the sale or donation of such chickens, ducklings or fowl to schools for use in classroom instruction.


Whoever violates the provisions of this section shall be punished by a fine of not more than one hundred dollars.


CREDIT(S)


Added by St.1947, c. 168. Amended by St.1973, c. 88; St.1981, c. 286; St.1986, c. 175.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 80E


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 80E. Use of decompression chambers for putting animals to death


Whoever puts any animal to death by the use of a decompression chamber shall be punished by a fine of not less than one hundred dollars.


CREDIT(S)


Added by St.1976, c. 139, § 2. Amended by St.1976, c. 299, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 80F


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 80F. Giving away live animals as prize or award


No person shall offer or give away any live animal as a prize or an award in a game, contest or tournament involving skill or chance. The provisions of this section shall not apply to awards made to persons participating in programs relating to animal husbandry.


Whoever violates the provisions of this section shall be punished by a fine of not more than one hundred dollars.


CREDIT(S)


Added by St.1977, c. 112.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 80G


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 80G. Experiments on vertebrates; vivisection, dissection of animals; care


No school principal, administrator or teacher shall allow any live vertebrate to be used in any elementary or high school under state control or supported wholly or partly by public money of the state as part of a scientific experiment or for any other purpose in which said vertebrates are experimentally medicated or drugged in a manner to cause painful reactions or to induce painful or lethal pathological conditions, or in which said vertebrates are injured through any other type of treatment, experiment or procedure including but not limited to anesthetization or electric shock, or where the normal health of said animal is interfered with or where pain or distress is caused.


No person shall, in the presence of a pupil in any elementary or high school under state control or supported wholly or partly by public money of the state, practice vivisection, or exhibit a vivisected animal. Dissection of dead animals or any portions thereof in such schools shall be confined to the class room and to the presence of pupils engaged in the study to be promoted thereby, and shall in no case be for the purpose of exhibition.


Live animals used as class pets or for purposes not prohibited in paragraphs one and two hereof in such schools shall be housed or cared for in a safe and humane manner. Said animals shall not remain in school over periods when such schools are not in session, unless adequate care is provided at all times.


The provisions of the preceding three paragraphs shall also apply to any activity associated with or sponsored by the school.


Whoever violates the provisions of this section shall be punished by a fine of not more than one hundred dollars.


CREDIT(S)


Added by St.1979, c. 439, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 80H


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 80H. Motor vehicles; striking, injuring or killing dogs or cats


The operator of a motor vehicle that strikes and injures or kills a dog or cat shall forthwith report such an accident to the owner or custodian of said dog or cat or to a police officer in the town wherein such accident has occurred. A violation of this section shall be punished by a fine of not more than fifty dollars.


CREDIT(S)


Added by St.1979, c. 426. Renumbered by St.1980, c. 261, § 28.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 80I


Effective: November 3, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 80I. Leasing or renting dogs; penalties


(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:--


“Assistance and service dog”, a canine specifically trained to help persons with disabilities or a canine trained to help a person with a disability in life; provided, however, that “assistance and service dog” shall also include a canine trained for search and rescue and a medical response dog.


“Canine foster care”, an organization that places canines in a temporary home while awaiting pet adoption.


“Earth dog”, a canine breed used as a hunting dog to track game above and below ground.


“Farm dog”, a canine that works on a farm to assist humans or other animals.


“Pet adoption”, the permanent ownership of and responsibility for a pet that a previous owner has abandoned or otherwise abdicated its responsibility.


“Renting and leasing”, the practice of renting a dog for a fee or a cost which will knowingly result in a temporary possession of the animal by another party.


“Therapy dog”, a canine that is used under the ownership and care of its handler that visits people for educational, medical or mental purposes.


(b) No person shall engage in the business of leasing or renting a dog. A dog held for such leasing or renting may be seized or impounded by an organization or agent thereof that is authorized to seize or impound animals under the General Laws. A violation of this section shall be punished by a fine of not less than $100 for the first violation, not less than $500 for the second violation and $1,000 for subsequent violations. Fines may be levied on both the business that is leasing a dog and the person that has entered into a rental agreement. Nothing in this section shall prohibit service animal businesses or organizations, pet adoption and foster care services, and working animals for the following purposes including, but not limited to: service animal businesses or organizations, pet adoption and foster care services, farming and agriculture, working dog activities, dogs working in entertainment and shows which are authorized to do so under the General Laws, dogs participating in performance sports or activities including, but not limited to, sporting, hunting, earth dog and racing dog activities and people engaged in breeding, training and showing dog, and dogs used for medical or scientific purposes so long as such use is lawful. This section shall not prohibit a pet store, kennel, pet adoption service or other entity authorized to sell pets under the General Laws for a fee or a cost from taking back a pet that it may have sold if the owner is unable to keep or handle that pet.


CREDIT(S)


Added by St.2008, c. 253, eff. Nov. 3, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 81


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 81. Rest, water and feed for transported animals; lien; liability for detention


Railroad corporations shall not permit animals carried or transported by them to be confined in cars longer than twenty-eight consecutive hours without unloading them for at least five consecutive hours for rest, water and feeding, unless prevented by storm or accident. In estimating such confinement, the time during which the animals have been confined without such rest on connecting roads from which they are received shall be included. Animals so unloaded shall during such rest be properly fed, watered and sheltered by the owner or person having the custody of them, or, in case of his default, by the railroad corporation transporting them, at the expense of said owner or person in custody thereof. In such case the corporation shall have a lien upon such animals for food, care and custody furnished, and shall not be liable for such detention. A corporation, owner or custodian of such animals failing to comply with this section shall be punished by a fine of not less than one hundred nor more than five hundred dollars. This section shall not apply to animals carried in cars in which they can and do have proper food, water, space and opportunity for rest.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 82


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 82. Arrest without warrant for violation of Sec. 77 or 81; notice; care of animals; lien


A person found violating any provision of section seventy-seven or eighty-one may be arrested and held without a warrant as provided in section fifty-four; the person making an arrest with or without a warrant shall use reasonable diligence to give notice thereof to the owner of animals found in the charge or custody of the person arrested, shall properly care and provide for such animals until the owner thereof takes charge of them, not, however, exceeding sixty days from the date of said notice, and shall have a lien on said animals for the expense of such care and provision.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 83


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 83. Complaint, warrant and search relative to cruelty to animals


If complaint is made to a court or magistrate authorized to issue warrants in criminal cases that the complainant has reasonable cause to believe that the laws relative to cruelty to animals have been or are violated in any particular building or place, such court or magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant authorizing any sheriff, deputy sheriff, constable or police officer to search such building or place; but no such search shall be made after sunset, unless specially authorized by the magistrate upon satisfactory cause shown.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 84


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 84. Prosecutions under Secs. 77 to 81


Sheriffs, deputy sheriffs, constables and police officers shall prosecute all violations of sections seventy-seven to eighty-one, inclusive, which come to their notice.


CREDIT(S)


Amended by St.1951, c. 34, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 85


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 85. Repealed, 1951, 34, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 85A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 85A. Injuring, taking away or harboring domesticated animals or birds; removal of dog license tag, collar or harness; imitation tag


Whoever with wrongful intent kills, maims, entices or carries away a dog or other domesticated animal or bird shall be liable in tort to its owner for three times its value. Any person who removes from the dog of another its license tag, collar or harness, or who, without the authorization of the owner or keeper, holds or harbors a dog or other domesticated animal of another, or who holds or harbors a lost or strayed dog or other domesticated animal for more than forty-eight hours after such animal comes into his possession without reporting or taking it to the police station or dog officer nearest to the place where it was found and informing the police officer or dog officer in charge where such dog or other animal was found, the name, color, age, size and pedigree, as fully as possible, of such animal and the person's own name and address, or who shall cause a dog to wear an imitation or counterfeit of the official tag prescribed by section one hundred and thirty-seven, one hundred and thirty-seven A or one hundred and thirty-seven B of chapter one hundred and forty, shall be punished by a fine of not more than one hundred dollars.


CREDIT(S)


Added by St.1945, c. 276, § 1. Amended by St.1951, c. 185.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 85B


Effective: August 18, 2004


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 85B. Assistance animals stolen or attacked; actions for economic and non-economic damages


(a) A physically impaired person who uses an assistance animal or the owner of the assistance animal, may bring an action for economic and non-economic damages against a person who steals or attacks the assistance animal. The action authorized by this subsection may be brought by the physically impaired person or owner notwithstanding that the assistance animal was in the custody or under the supervision of another person when the theft or attack occurred. If any other non-assistance animal should attack an assistance animal, the owner of the assistance animal may seek compensation from the owner or custodian of the non-assistance animal found to have caused harm to the assistance animal.


(b) If the theft or attack of an assistance animal as described in subsection (a) results in the death of the animal or the animal is not returned or if injuries sustained prevent the assistance animal from returning to service, the measure of economic damages shall include, but are not limited to, the veterinary medical expenses and the replacement cost of an equally trained assistance animal, without any differentiation for the age or the experience of the animal.


(c) A cause of action shall not arise under this section if the physically impaired individual, owner or the individual having custody or supervision of the assistance animal was engaged in the commission of a crime at the time of injury sustained by the assistance animal.


CREDIT(S)


Added by St.2004, c. 104, eff. Aug. 18, 2004.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 86


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 86. Stabling horses or mules on second or higher floors, in places other than cities


No person shall stable a horse or mule on the second or any higher floor of any building, unless there are two means of exit therefrom, at opposite ends of the building, to the main or street floor, unless such building is equipped with an automatic sprinkler system. This section shall not apply to cities.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 86A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 86A. Stabling horses and mules above first floor; exceeding six; fire exits


No person shall stable a horse or mule above the first or ground floor of any building not equipped with an automatic sprinkler system, or horses or mules exceeding six in all on the first or ground floor of any building not so equipped, unless there are two unobstructed means of exit from each floor whereon it or they are stabled, as far apart as practicable and so constructed as to grade that the said animal or animals can quickly and safely leave the building in case of fire and approved as to situation, arrangement and utility by the chief of the fire department. The person in charge of horses and mules stabled in any building not equipped with such a system and requiring two exits as aforesaid shall cause each such animal to use each such exit at least once a week. This and the four following sections shall apply only to cities.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 86B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 86B. Stabling horses or mules exceeding fifteen


No person shall stable horses or mules exceeding fifteen in all at any one time in a building not equipped with an automatic sprinkler system unless a watchman is employed constantly on the premises to guard against fire.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 86C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 86C. Smoking in buildings used for stabling horses or mules


No person shall have a lighted cigarette, cigar or pipe in his possession in any building in which by the provisions of section eighty-six A two unobstructed means of exit are required or in which by the provisions of section eighty-six B the employment of a watchman is required, except in a room in said building made fire-resisting.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 86D


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 86D. Pails of water and sand in buildings used for stables


On every floor of a building not equipped with an automatic sprinkler system, where horses or mules are stabled, there shall be kept in accessible locations and filled at all times, four pails of water and one pail of sand, for each one thousand square feet of floor space, to be used for no other purpose than extinguishing fires and to be so marked.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 86E


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 86E. Entry upon premises to enforce Secs. 86A to 86D; orders


The chief of the fire department or any person designated by him may, at all reasonable hours, enter into buildings within their jurisdiction where horses or mules are stabled, or upon premises adjacent thereto, for the purpose of enforcing sections eighty-six A to eighty-six D, inclusive, and if any such official or person so authorized finds the existence of conditions likely to cause a fire in such buildings or on such premises, he shall order such conditions to be remedied. Such order shall be served by delivering the same in hand or by posting the same in a conspicuous place on the building or premises affected thereby.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 86F


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 86F. Violation of Secs. 86 to 86D; refusal or neglect to comply with Sec. 86E orders


Whoever violates any provision of sections eighty-six to eighty-six D, inclusive, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one month, or both. Whoever refuses or unreasonably neglects to comply with any order issued under section eighty-six E shall be punished by a fine of not more than ten dollars for each day during which such refusal or neglect continues after service of said order.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 87


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 87. Keeping or using birds to be shot at; shooting them; permitting premises to be used for shooting


Whoever keeps or uses any live bird, to be shot at either for amusement or as a test of skill in marksmanship, or shoots at a bird kept or used as aforesaid, or is a party to such shooting, or lets any building, room, field or premises, or knowingly permits the use thereof, for the purpose of such shooting, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than one month, or both. Nothing herein contained shall apply to the shooting of wild game.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 88


Effective: April 3, 2007


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 88. Complaints and warrants relative to fighting animals; searches; arrests


If complaint is made to a court or magistrate authorized to issue warrants in criminal cases that the complainant has reasonable cause to believe that preparations are being made for an exhibition of the fighting of birds, dogs or other animals, or that such exhibition is in progress, or that birds, dogs or other animals are kept, owned, possessed, trained, bred, loaned, sold, exported or otherwise transferred in violation of section 94 at any place or in any building or tenement, such court or magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant authorizing any sheriff, deputy sheriff, constable or police officer, or special police officer duly appointed by the colonel of the state police at the request of the Massachusetts Society for the Prevention of Cruelty to Animals or at the request of the Animal Rescue League of Boston, to search such place, building or tenement at any hour of the day or night and take possession of all such animals and all paraphernalia, implements, equipment or other property used or employed, or intended to be used or employed, in violation of section 94 there found, and arrest all persons there present.


CREDIT(S)


Amended by St.1988, c. 178; St.1996, c. 151, § 495; St.2006, c. 434, §§ 2 to 4, eff. April 3, 2007.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 89


Effective: April 3, 2007


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 89. Exhibition place of fighting animals; entry without warrant; arrests; seizure of animals


Any officer authorized to serve criminal process, or any special police officer duly appointed by the colonel of the state police at the request of the Massachusetts Society for the Prevention of Cruelty to Animals, or any municipal officer involved with animal control may, without a warrant, enter any place or building in which there is an exhibition of any fighting birds, dogs or other animals, preparations are being made for such an exhibition, or birds, dogs or other animals are owned, possessed, kept, trained, bred, loaned, sold, exported or otherwise transferred in violation of section 94. Any such officer may arrest all persons there present and take possession of and remove from the place of seizure such animals there found in violation of said section 94, and hold the same in custody subject to the order of court as hereinafter provided.


CREDIT(S)


Amended by St.1982, c. 230; St.1996, c. 151, § 496; St.2006, c. 434, § 5, eff. April 3, 2007.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 90


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 90. Custody of arrested persons; time limitation


Persons arrested under either of the two preceding sections shall be kept in jail or other convenient place not more than twenty-four hours, Sundays and legal holidays excepted, at or before the expiration of which time they shall be taken before a district court and proceeded against according to law.


CREDIT(S)


Amended by St.1959, c. 313, § 14.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 91


Effective: April 3, 2007


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 91. Application for decree of forfeiture; notice; hearing; adjudication; returning or killing of animals


After seizure and removal of animals or property used or employed, or intended to be used or employed, in violation of section 94, application shall be made to a district court for a decree of forfeiture of the animals or property. If, after hearing on the application, notice thereof having been previously given as the court orders, it shall be found that the animals, at the time of seizure, were engaged, or were intended to be engaged, in fighting at an exhibition thereof or the animals were owned, possessed, kept, trained, bred, loaned, sold, exported or otherwise transferred in violation of section 94, such animals shall be adjudged forfeited and the court shall thereupon, unless an appeal is taken as provided in the following section, issue an order for killing them. The order shall be directed to any officer authorized to serve criminal process and the officer receiving such order shall cause the animals to be killed within 24 hours thereafter. Animals or property seized as hereinbefore provided, which are not adjudged forfeited, shall be delivered to the owner or person entitled to the possession thereof. Any person shall be allowed to appear as claimant in the proceeding upon the application for a decree of forfeiture.


CREDIT(S)


Amended by St.1959, c. 313, § 15; St.2006, c. 434, § 6, eff. April 3, 2007.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 92


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 92. Appeal; recognizance; custody and disposition of animals


An owner or claimant aggrieved by such judgment may, within twenty-four hours after the entry thereof and before its execution, appeal therefrom to the superior court; and all proceedings upon and after such appeal, including the right of exception, shall conform, so far as may be, to those in criminal cases, except that before such appeal is allowed the appellant shall recognize to the commonwealth in the sum of two hundred dollars, with sufficient sureties, to prosecute his appeal and to pay such expenses of the prosecution as the court may order and such expenses as may be thereafter incurred in the care and keeping of the birds, dogs or other animals claimed by such appellant if final judgment is rendered against them, and to abide the judgment of the court thereon. Upon the final judgment, the birds, dogs or other animals held in custody to abide such judgment shall be disposed of, under the direction of the superior court, in like manner as the court or justice might have disposed of them if no appeal had been taken. During the pendency of the appeal, all birds, dogs or other animals adjudged forfeited shall be kept in custody in a place other than that from which they were taken.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 92A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 92A. Advertisement, book, notice or sign relative to discrimination; definition of place of public accommodation, resort or amusement


No owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement shall, directly or indirectly, by himself or another, publish, issue, circulate, distribute or display, or cause to be published, issued, circulated, distributed or displayed, in any way, any advertisement, circular, folder, book, pamphlet, written or painted or printed notice or sign, of any kind or description, intended to discriminate against or actually discriminating against persons of any religious sect, creed, class, race, color, denomination, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, nationality, or because of deafness or blindness, or any physical or mental disability, in the full enjoyment of the accommodations, advantages, facilities or privileges offered to the general public by such places of public accommodation, resort or amusement.


A place of public accommodation, resort or amusement within the meaning hereof shall be defined as and shall be deemed to include any place, whether licensed or unlicensed, which is open to and accepts or solicits the patronage of the general public and, without limiting the generality of this definition, whether or not it be (1) an inn, tavern, hotel, shelter, roadhouse, motel, trailer camp or resort for transient or permanent guests or patrons seeking housing or lodging, food, drink, entertainment, health, recreation or rest; (2) a carrier, conveyance or elevator for the transportation of persons, whether operated on land, water or in the air, and the stations, terminals and facilities appurtenant thereto; (3) a gas station, garage, retail store or establishment, including those dispensing personal services; (4) a restaurant, bar or eating place, where food, beverages, confections or their derivatives are sold for consumption on or off the premises; (5) a rest room, barber shop, beauty parlor, bathhouse, seashore facilities or swimming pool, except such rest room, bathhouse or seashore facility as may be segregated on the basis of sex; (6) a boardwalk or other public highway; (7) an auditorium, theatre, music hall, meeting place or hall, including the common halls of buildings; (8) a place of public amusement, recreation, sport, exercise or entertainment; (9) a public library, museum or planetarium; or (10) a hospital, dispensary or clinic operating for profit; provided, however, that with regard to the prohibition on sex discrimination, this section shall not apply to a place of exercise for the exclusive use of persons of the same sex which is a bona fide fitness facility established for the sole purpose of promoting and maintaining physical and mental health through physical exercise and instruction, if such facility does not receive funds from a government source, nor to any corporation or entity authorized, created or chartered by federal law for the express purpose of promoting the health, social, educational vocational, and character development of a single sex; provided, further, that with regard to the prohibition of sex discrimination, those establishments which rent rooms on a temporary or permanent basis for the exclusive use of persons of the same sex shall not be considered places of public accommodation and shall not apply to any other part of such an establishment.


Any person who shall violate any provision of this section, or who shall aid in or incite, cause or bring about, in whole or in part, such a violation shall be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than thirty days, or both.


CREDIT(S)


Added by St.1933, c. 117. Amended by St.1953, c. 437; St.1971, c. 418, § 1; St.1975, c. 338, § 1; St.1978, c. 331; St.1979, c. 595, § 1; St.1989, c. 516, § 15; St.1998, c. 19, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 93


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 93. Expenses of care and destruction of fighting animals


The necessary expenses incurred in the care and destruction of such birds, dogs and other animals may be allowed and paid in the same manner as expenses in criminal prosecutions.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 94


Effective: April 3, 2007


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 94. Owning, possessing or training fighting animals; establishing or promoting exhibition; loaning, selling or exporting fighting animals; owning or possessing animals for breeding fighting animals


Whoever: (i) owns, possesses, keeps or trains any bird, dog or other animal, with the intent that it shall be engaged in an exhibition of fighting; (ii) establishes or promotes an exhibition of the fighting of any birds, dogs or other animals; (iii) loans, sells, exports or otherwise transfers any bird, dog or other animal for the purpose of animal fighting; or (iv) owns, possesses or keeps any bird, dog or other animal for the purpose of breeding such animal with the intent that its offspring be used for animal fighting shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 1 year, or by a fine of not more than $1,000 or by both such fine and imprisonment.


CREDIT(S)


Amended by St.1975, c. 31, § 1; St.1978, c. 111; St.2006, c. 434, § 7, eff. April 3, 2007.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 95


Effective: April 5, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 95. Aiding or being present at exhibition of fighting animals


Whoever is present at any place, building or tenement where preparations are being made for an exhibition of the fighting of birds, dogs or other animals, with intent to be present at such exhibition, or is present at, aids in or contributes to such exhibition, shall be punished by a fine of not more than $1,000 or by imprisonment in the state prison for not more than 5 years or imprisonment in the house of correction for not more than 2½ years or by both such fine and imprisonment.


CREDIT(S)


Amended by St.1975, c. 31, § 2; St.2008, c. 452, eff. April 5, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 96


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 96. False notice of birth, marriage or death


Whoever wilfully sends to the publisher of a newspaper for publication a false notice of a birth, marriage or death shall be punished by a fine of not more than one hundred dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 97


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 97. Repealed, 1962, 285, Sec. 4



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 97A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 97A. Demands, notices or other documents resembling court process; complaint; order to discontinue


Forms of demands or notices or other documents drawn to resemble court process shall not be used by attorneys at law, persons conducting collection agencies or others in the collection of bills, accounts or other indebtedness. A district court, on complaint of any person exhibiting and filing therewith such a form or document or copy thereof, alleging that a person who resides or has a place of business within the judicial district of such court has used or is using such form or document in violation of this section, may issue an order of notice to the person complained of to show cause why he should not be ordered to discontinue such use on penalty of contempt.


CREDIT(S)


Added by St.1934, c. 164.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 98


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 98. Discrimination in admission to, or treatment in, place of public accommodation; punishment; forfeiture; civil right


Whoever makes any distinction, discrimination or restriction on account of race, color, religious creed, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, deafness, blindness or any physical or mental disability or ancestry relative to the admission of any person to, or his treatment in any place of public accommodation, resort or amusement, as defined in section ninety-two A, or whoever aids or incites such distinction, discrimination or restriction, shall be punished by a fine of not more than twenty-five hundred dollars or by imprisonment for not more than one year, or both, and shall be liable to any person aggrieved thereby for such damages as are enumerated in section five of chapter one hundred and fifty-one B; provided, however, that such civil forfeiture shall be of an amount not less than three hundred dollars; but such person so aggrieved shall not recover against more than one person by reason of any one act of distinction, discrimination or restriction. All persons shall have the right to the full and equal accommodations, advantages, facilities and privileges of any place of public accommodation, resort or amusement subject only to the conditions and limitations established by law and applicable to all persons. This right is recognized and declared to be a civil right.


CREDIT(S)


Amended by St.1934, c. 138; St.1950, c. 479, § 3; St.1963, c. 613, § 5; St.1971, c. 418, § 2; St.1975, c. 338, § 2; St.1979, c. 595, § 2; St.1983, c. 628, § 7; St.1989, c. 516, § 16.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 98A


Effective: July 1, 2004


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 98A. Physically handicapped persons with dog guides; public places or conveyances; charges or fares; penalties


Notwithstanding any other provision of law, any blind person, or deaf or hearing handicapped person, or other physically handicapped person accompanied by a dog guide, shall be entitled to any and all accommodations, advantages, facilities and privileges of all public conveyances, public amusements and places of public accommodation, within the commonwealth, to which persons not accompanied by dogs are entitled, subject only to the conditions and limitations applicable to all persons not accompanied by dogs, and no such blind person, or deaf or hearing handicapped, or other physically handicapped person shall be required to pay any charge or fare for or on account of the transportation on any public conveyance for himself and such dog so accompanying him in addition to the charge or fare lawfully chargeable for his own transportation. Whoever deprives any blind person, or deaf or hearing handicapped person, or other physically handicapped person of any right conferred by this section shall be punished by a fine of not more than three hundred dollars and shall be liable to any person aggrieved thereby for such damages as are set forth in section five of chapter one hundred and fifty-one B; provided, however, that such civic forfeiture shall be of an amount not less than one hundred dollars.


CREDIT(S)


Added by St.1938, c. 155, § 1. Amended by St.1978, c. 93; St.1978, c. 458, § 2; St.1980, c. 71; St.1981, c. 445; St.1983, c. 585, § 10; St.1983, c. 628, § 8; St.1992, c. 286, § 266; St.2000, c. 126; St.2004, c. 149, § 211, eff. July 1, 2004.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 98B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 98B. Discrimination in employment on public works or in public relief or transitional assistance


Whoever, knowingly and wilfully, employs discriminatory practices in the administration or giving of employment on public works or projects, or in the dispensing or giving of public relief or transitional assistance or any public benefit, because of race, color, religion or nationality, shall be punished by a fine of not more than one hundred dollars.


CREDIT(S)


Added by St.1941, c. 170. Amended by St.1995, c. 5, § 96.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 98C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 98C. Libel; groups of persons; defenses; punishment; prosecutions


Whoever publishes any false written or printed material with intent to maliciously promote hatred of any group of persons in the commonwealth because of race, color or religion shall be guilty of libel and shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. The defendant may prove in defense that the publication was privileged or was not malicious. Prosecutions under this section shall be instituted only by the attorney general or by the district attorney for the district in which the alleged libel was published.


CREDIT(S)


Added by St.1943, c. 223.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 99


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 99. Interception of wire and oral communications


Interception of wire and oral communications.--


A. Preamble.


The general court finds that organized crime exists within the commonwealth and that the increasing activities of organized crime constitute a grave danger to the public welfare and safety. Organized crime, as it exists in the commonwealth today, consists of a continuing conspiracy among highly organized and disciplined groups to engage in supplying illegal goods and services. In supplying these goods and services organized crime commits unlawful acts and employs brutal and violent tactics. Organized crime is infiltrating legitimate business activities and depriving honest businessmen of the right to make a living.


The general court further finds that because organized crime carries on its activities through layers of insulation and behind a wall of secrecy, government has been unsuccessful in curtailing and eliminating it. Normal investigative procedures are not effective in the investigation of illegal acts committed by organized crime. Therefore, law enforcement officials must be permitted to use modern methods of electronic surveillance, under strict judicial supervision, when investigating these organized criminal activities.


The general court further finds that the uncontrolled development and unrestricted use of modern electronic surveillance devices pose grave dangers to the privacy of all citizens of the commonwealth. Therefore, the secret use of such devices by private individuals must be prohibited. The use of such devices by law enforcement officials must be conducted under strict judicial supervision and should be limited to the investigation of organized crime.


B. Definitions. As used in this section--


1. The term “wire communication” means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception.


2. The term “oral communication” means speech, except such speech as is transmitted over the public air waves by radio or other similar device.


3. The term “intercepting device” means any device or apparatus which is capable of transmitting, receiving, amplifying, or recording a wire or oral communication other than a hearing aid or similar device which is being used to correct subnormal hearing to normal and other than any telephone or telegraph instrument, equipment, facility, or a component thereof, (a) furnished to a subscriber or user by a communications common carrier in the ordinary course of its business under its tariff and being used by the subscriber or user in the ordinary course of its business; or (b) being used by a communications common carrier in the ordinary course of its business.


4. The term “interception” means to secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device by any person other than a person given prior authority by all parties to such communication; provided that it shall not constitute an interception for an investigative or law enforcement officer, as defined in this section, to record or transmit a wire or oral communication if the officer is a party to such communication or has been given prior authorization to record or transmit the communication by such a party and if recorded or transmitted in the course of an investigation of a designated offense as defined herein.


5. The term “contents”, when used with respect to any wire or oral communication, means any information concerning the identity of the parties to such communication or the existence, contents, substance, purport, or meaning of that communication.


6. The term “aggrieved person” means any individual who was a party to an intercepted wire or oral communication or who was named in the warrant authorizing the interception, or who would otherwise have standing to complain that his personal or property interest or privacy was invaded in the course of an interception.


7. The term “designated offense” shall include the following offenses in connection with organized crime as defined in the preamble: arson, assault and battery with a dangerous weapon, extortion, bribery, burglary, embezzlement, forgery, gaming in violation of section seventeen of chapter two hundred and seventy-one of the general laws, intimidation of a witness or juror, kidnapping, larceny, lending of money or things of value in violation of the general laws, mayhem, murder, any offense involving the possession or sale of a narcotic or harmful drug, perjury, prostitution, robbery, subornation of perjury, any violation of this section, being an accessory to any of the foregoing offenses and conspiracy or attempt or solicitation to commit any of the foregoing offenses.


8. The term “investigative or law enforcement officer” means any officer of the United States, a state or a political subdivision of a state, who is empowered by law to conduct investigations of, or to make arrests for, the designated offenses, and any attorney authorized by law to participate in the prosecution of such offenses.


9. The term “judge of competent jurisdiction” means any justice of the superior court of the commonwealth.


10. The term “chief justice” means the chief justice of the superior court of the commonwealth.


11. The term “issuing judge” means any justice of the superior court who shall issue a warrant as provided herein or in the event of his disability or unavailability any other judge of competent jurisdiction designated by the chief justice.


12. The term “communication common carrier” means any person engaged as a common carrier in providing or operating wire communication facilities.


13. The term “person” means any individual, partnership, association, joint stock company, trust, or corporation, whether or not any of the foregoing is an officer, agent or employee of the United States, a state, or a political subdivision of a state.


14. The terms “sworn” or “under oath” as they appear in this section shall mean an oath or affirmation or a statement subscribed to under the pains and penalties of perjury.


15. The terms “applicant attorney general” or “applicant district attorney” shall mean the attorney general of the commonwealth or a district attorney of the commonwealth who has made application for a warrant pursuant to this section.


16. The term “exigent circumstances” shall mean the showing of special facts to the issuing judge as to the nature of the investigation for which a warrant is sought pursuant to this section which require secrecy in order to obtain the information desired from the interception sought to be authorized.


17. The term “financial institution” shall mean a bank, as defined in section 1 of chapter 167, and an investment bank, securities broker, securities dealer, investment adviser, mutual fund, investment company or securities custodian as defined in section 1.165-12(c)(1) of the United States Treasury regulations.


18. The term “corporate and institutional trading partners” shall mean financial institutions and general business entities and corporations which engage in the business of cash and asset management, asset management directed to custody operations, securities trading, and wholesale capital markets including foreign exchange, securities lending, and the purchase, sale or exchange of securities, options, futures, swaps, derivatives, repurchase agreements and other similar financial instruments with such financial institution.


C. Offenses.


1. Interception, oral communications prohibited.


Except as otherwise specifically provided in this section any person who--


willfully commits an interception, attempts to commit an interception, or procures any other person to commit an interception or to attempt to commit an interception of any wire or oral communication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment.


Proof of the installation of any intercepting device by any person under circumstances evincing an intent to commit an interception, which is not authorized or permitted by this section, shall be prima facie evidence of a violation of this subparagraph.


2. Editing of tape recordings in judicial proceeding prohibited.


Except as otherwise specifically provided in this section any person who willfully edits, alters or tampers with any tape, transcription or recording of oral or wire communications by any means, or attempts to edit, alter or tamper with any tape, transcription or recording of oral or wire communications by any means with the intent to present in any judicial proceeding or proceeding under oath, or who presents such recording or permits such recording to be presented in any judicial proceeding or proceeding under oath, without fully indicating the nature of the changes made in the original state of the recording, shall be fined not more than ten thousand dollars or imprisoned in the state prison for not more than five years or imprisoned in a jail or house of correction for not more than two years or both so fined and given one such imprisonment.


3. Disclosure or use of wire or oral communications prohibited.


Except as otherwise specifically provided in this section any person who--


a. willfully discloses or attempts to disclose to any person the contents of any wire or oral communication, knowing that the information was obtained through interception; or


b. willfully uses or attempts to use the contents of any wire or oral communication, knowing that the information was obtained through interception, shall be guilty of a misdemeanor punishable by imprisonment in a jail or a house of correction for not more than two years or by a fine of not more than five thousand dollars or both.


4. Disclosure of contents of applications, warrants, renewals, and returns prohibited.


Except as otherwise specifically provided in this section any person who--


willfully discloses to any person, any information concerning or contained in, the application for, the granting or denial of orders for interception, renewals, notice or return on an ex parte order granted pursuant to this section, or the contents of any document, tape, or recording kept in accordance with paragraph N, shall be guilty of a misdemeanor punishable by imprisonment in a jail or a house of correction for not more than two years or by a fine of not more than five thousand dollars or both.


5. Possession of interception devices prohibited.


A person who possesses any intercepting device under circumstances evincing an intent to commit an interception not permitted or authorized by this section, or a person who permits an intercepting device to be used or employed for an interception not permitted or authorized by this section, or a person who possesses an intercepting device knowing that the same is intended to be used to commit an interception not permitted or authorized by this section, shall be guilty of a misdemeanor punishable by imprisonment in a jail or house of correction for not more than two years or by a fine of not more than five thousand dollars or both.


The installation of any such intercepting device by such person or with his permission or at his direction shall be prima facie evidence of possession as required by this subparagraph.


6. Any person who permits or on behalf of any other person commits or attempts to commit, or any person who participates in a conspiracy to commit or to attempt to commit, or any accessory to a person who commits a violation of subparagraphs 1 through 5 of paragraph C of this section shall be punished in the same manner as is provided for the respective offenses as described in subparagraphs 1 through 5 of paragraph C.


D. Exemptions.


1. Permitted interception of wire or oral communications.


It shall not be a violation of this section--


a. for an operator of a switchboard, or an officer, employee, or agent of any communication common carrier, whose facilities are used in the transmission of a wire communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of service or to the protection of the rights or property of the carrier of such communication, or which is necessary to prevent the use of such facilities in violation of section fourteen A of chapter two hundred and sixty-nine of the general laws; provided, that said communication common carriers shall not utilize service observing or random monitoring except for mechanical or service quality control checks.


b. for persons to possess an office intercommunication system which is used in the ordinary course of their business or to use such office intercommunication system in the ordinary course of their business.


c. for investigative and law enforcement officers of the United States of America to violate the provisions of this section if acting pursuant to authority of the laws of the United States and within the scope of their authority.


d. for any person duly authorized to make specified interceptions by a warrant issued pursuant to this section.


e. for investigative or law enforcement officers to violate the provisions of this section for the purposes of ensuring the safety of any law enforcement officer or agent thereof who is acting in an undercover capacity, or as a witness for the commonwealth; provided, however, that any such interception which is not otherwise permitted by this section shall be deemed unlawful for purposes of paragraph P.


f. for a financial institution to record telephone communications with its corporate or institutional trading partners in the ordinary course of its business; provided, however, that such financial institution shall establish and maintain a procedure to provide semi-annual written notice to its corporate and institutional trading partners that telephone communications over designated lines will be recorded.


2. Permitted disclosure and use of intercepted wire or oral communications.


a. Any investigative or law enforcement officer, who, by any means authorized by this section, has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may disclose such contents or evidence in the proper performance of his official duties.


b. Any investigative or law enforcement officer, who, by any means authorized by this section has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may use such contents or evidence in the proper performance of his official duties.


c. Any person who has obtained, by any means authorized by this section, knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may disclose such contents while giving testimony under oath or affirmation in any criminal proceeding in any court of the United States or of any state or in any federal or state grand jury proceeding.


d. The contents of any wire or oral communication intercepted pursuant to a warrant in accordance with the provisions of this section, or evidence derived therefrom, may otherwise be disclosed only upon a showing of good cause before a judge of competent jurisdiction.


e. No otherwise privileged wire or oral communication intercepted in accordance with, or in violation of, the provisions of this section shall lose its privileged character.


E. Warrants: when issuable:


A warrant may issue only:


1. Upon a sworn application in conformity with this section; and


2. Upon a showing by the applicant that there is probable cause to believe that a designated offense has been, is being, or is about to be committed and that evidence of the commission of such an offense may thus be obtained or that information which will aid in the apprehension of a person who the applicant has probable cause to believe has committed, is committing, or is about to commit a designated offense may thus be obtained; and


3. Upon a showing by the applicant that normal investigative procedures have been tried and have failed or reasonably appear unlikely to succeed if tried.


F. Warrants: application.


1. Application. The attorney general, any assistant attorney general specially designated by the attorney general, any district attorney, or any assistant district attorney specially designated by the district attorney may apply ex parte to a judge of competent jurisdiction for a warrant to intercept wire or oral communications. Each application ex parte for a warrant must be in writing, subscribed and sworn to by the applicant authorized by this subparagraph.


2. The application must contain the following:


a. A statement of facts establishing probable cause to believe that a particularly described designated offense has been, is being, or is about to be committed; and


b. A statement of facts establishing probable cause to believe that oral or wire communications of a particularly described person will constitute evidence of such designated offense or will aid in the apprehension of a person who the applicant has probable cause to believe has committed, is committing, or is about to commit a designated offense; and


c. That the oral or wire communications of the particularly described person or persons will occur in a particularly described place and premises or over particularly described telephone or telegraph lines; and


d. A particular description of the nature of the oral or wire communications sought to be overheard; and


e. A statement that the oral or wire communications sought are material to a particularly described investigation or prosecution and that such conversations are not legally privileged; and


f. A statement of the period of time for which the interception is required to be maintained. If practicable, the application should designate hours of the day or night during which the oral or wire communications may be reasonably expected to occur. If the nature of the investigation is such that the authorization for the interception should not automatically terminate when the described oral or wire communications have been first obtained, the application must specifically state facts establishing probable cause to believe that additional oral or wire communications of the same nature will occur thereafter; and


g. If it is reasonably necessary to make a secret entry upon a private place and premises in order to install an intercepting device to effectuate the interception, a statement to such effect; and


h. If a prior application has been submitted or a warrant previously obtained for interception of oral or wire communications, a statement fully disclosing the date, court, applicant, execution, results, and present status thereof; and


i. If there is good cause for requiring the postponement of service pursuant to paragraph L, subparagraph 2, a description of such circumstances, including reasons for the applicant's belief that secrecy is essential to obtaining the evidence or information sought.


3. Allegations of fact in the application may be based either upon the personal knowledge of the applicant or upon information and belief. If the applicant personally knows the facts alleged, it must be so stated. If the facts establishing such probable cause are derived in whole or part from the statements of persons other than the applicant, the sources of such information and belief must be either disclosed or described; and the application must contain facts establishing the existence and reliability of any informant and the reliability of the information supplied by him. The application must also state, so far as possible, the basis of the informant's knowledge or belief. If the applicant's information and belief is derived from tangible evidence or recorded oral evidence, a copy or detailed description thereof should be annexed to or included in the application. Affidavits of persons other than the applicant may be submitted in conjunction with the application if they tend to support any fact or conclusion alleged therein. Such accompanying affidavits may be based either on personal knowledge of the affiant or information and belief, with the source thereof, and reason therefor, specified.


G. Warrants: application to whom made.


Application for a warrant authorized by this section must be made to a judge of competent jurisdiction in the county where the interception is to occur, or the county where the office of the applicant is located, or in the event that there is no judge of competent jurisdiction sitting in said county at such time, to a judge of competent jurisdiction sitting in Suffolk County; except that for these purposes, the office of the attorney general shall be deemed to be located in Suffolk County.


H. Warrants: application how determined.


1. If the application conforms to paragraph F, the issuing judge may examine under oath any person for the purpose of determining whether probable cause exists for the issuance of the warrant pursuant to paragraph E. A verbatim transcript of every such interrogation or examination must be taken, and a transcription of the same, sworn to by the stenographer, shall be attached to the application and be deemed a part thereof.


2. If satisfied that probable cause exists for the issuance of a warrant the judge may grant the application and issue a warrant in accordance with paragraph I. The application and an attested copy of the warrant shall be retained by the issuing judge and transported to the chief justice of the superior court in accordance with the provisions of paragraph N of this section.


3. If the application does not conform to paragraph F, or if the judge is not satisfied that probable cause has been shown sufficient for the issuance of a warrant, the application must be denied.


I. Warrants: form and content.


A warrant must contain the following:


1. The subscription and title of the issuing judge; and


2. The date of issuance, the date of effect, and termination date which in no event shall exceed thirty days from the date of effect. The warrant shall permit interception of oral or wire communications for a period not to exceed fifteen days. If physical installation of a device is necessary, the thirty-day period shall begin upon the date of installation. If the effective period of the warrant is to terminate upon the acquisition of particular evidence or information or oral or wire communication, the warrant shall so provide; and


3. A particular description of the person and the place, premises or telephone or telegraph line upon which the interception may be conducted; and


4. A particular description of the nature of the oral or wire communications to be obtained by the interception including a statement of the designated offense to which they relate; and


5. An express authorization to make secret entry upon a private place or premises to install a specified intercepting device, if such entry is necessary to execute the warrant; and


6. A statement providing for service of the warrant pursuant to paragraph L except that if there has been a finding of good cause shown requiring the postponement of such service, a statement of such finding together with the basis therefor must be included and an alternative direction for deferred service pursuant to paragraph L, subparagraph 2.


J. Warrants: renewals.


1. Any time prior to the expiration of a warrant or a renewal thereof, the applicant may apply to the issuing judge for a renewal thereof with respect to the same person, place, premises or telephone or telegraph line. An application for renewal must incorporate the warrant sought to be renewed together with the application therefor and any accompanying papers upon which it was issued. The application for renewal must set forth the results of the interceptions thus far conducted. In addition, it must set forth present grounds for extension in conformity with paragraph F, and the judge may interrogate under oath and in such an event a transcript must be provided and attached to the renewal application in the same manner as is set forth in subparagraph 1 of paragraph H.


2. Upon such application, the judge may issue an order renewing the warrant and extending the authorization for a period not exceeding fifteen (15) days from the entry thereof. Such an order shall specify the grounds for the issuance thereof. The application and an attested copy of the order shall be retained by the issuing judge to be transported to the chief justice in accordance with the provisions of subparagraph N of this section. In no event shall a renewal be granted which shall terminate later than two years following the effective date of the warrant.


K. Warrants: manner and time of execution.


1. A warrant may be executed pursuant to its terms anywhere in the commonwealth.


2. Such warrant may be executed by the authorized applicant personally or by any investigative or law enforcement officer of the commonwealth designated by him for the purpose.


3. The warrant may be executed according to its terms during the hours specified therein, and for the period therein authorized, or a part thereof. The authorization shall terminate upon the acquisition of the oral or wire communications, evidence or information described in the warrant. Upon termination of the authorization in the warrant and any renewals thereof, the interception must cease at once, and any device installed for the purpose of the interception must be removed as soon thereafter as practicable. Entry upon private premises for the removal of such device is deemed to be authorized by the warrant.


L. Warrants: service thereof.


1. Prior to the execution of a warrant authorized by this section or any renewal thereof, an attested copy of the warrant or the renewal must, except as otherwise provided in subparagraph 2 of this paragraph, be served upon a person whose oral or wire communications are to be obtained, and if an intercepting device is to be installed, upon the owner, lessee, or occupant of the place or premises, or upon the subscriber to the telephone or owner or lessee of the telegraph line described in the warrant.


2. If the application specially alleges exigent circumstances requiring the postponement of service and the issuing judge finds that such circumstances exist, the warrant may provide that an attested copy thereof may be served within thirty days after the expiration of the warrant or, in case of any renewals thereof, within thirty days after the expiration of the last renewal; except that upon a showing of important special facts which set forth the need for continued secrecy to the satisfaction of the issuing judge, said judge may direct that the attested copy of the warrant be served on such parties as are required by this section at such time as may be appropriate in the circumstances but in no event may he order it to be served later than three (3) years from the time of expiration of the warrant or the last renewal thereof. In the event that the service required herein is postponed in accordance with this paragraph, in addition to the requirements of any other paragraph of this section, service of an attested copy of the warrant shall be made upon any aggrieved person who should reasonably be known to the person who executed or obtained the warrant as a result of the information obtained from the interception authorized thereby.


3. The attested copy of the warrant shall be served on persons required by this section by an investigative or law enforcement officer of the commonwealth by leaving the same at his usual place of abode, or in hand, or if this is not possible by mailing the same by certified or registered mail to his last known place of abode. A return of service shall be made to the issuing judge, except, that if such service is postponed as provided in subparagraph 2 of paragraph L, it shall be made to the chief justice. The return of service shall be deemed a part of the return of the warrant and attached thereto.


M. Warrant: return.


Within seven days after termination of the warrant or the last renewal thereof, a return must be made thereon to the judge issuing the warrant by the applicant therefor, containing the following:


a. a statement of the nature and location of the communications facilities, if any, and premise or places where the interceptions were made; and


b. the periods of time during which such interceptions were made; and


c. the names of the parties to the communications intercepted if known; and


d. the original recording of the oral or wire communications intercepted, if any; and


e. a statement attested under the pains and penalties of perjury by each person who heard oral or wire communications as a result of the interception authorized by the warrant, which were not recorded, stating everything that was overheard to the best of his recollection at the time of the execution of the statement.


N. Custody and secrecy of papers and recordings made pursuant to a warrant.


1. The contents of any wire or oral communication intercepted pursuant to a warrant issued pursuant to this section shall, if possible, be recorded on tape or wire or other similar device. Duplicate recordings may be made for use pursuant to subparagraphs 2 (a) and (b) of paragraph D for investigations. Upon examination of the return and a determination that it complies with this section, the issuing judge shall forthwith order that the application, all renewal applications, warrant, all renewal orders and the return thereto be transmitted to the chief justice by such persons as he shall designate. Their contents shall not be disclosed except as provided in this section. The application, renewal applications, warrant, the renewal order and the return or any one of them or any part of them may be transferred to any trial court, grand jury proceeding of any jurisdiction by any law enforcement or investigative officer or court officer designated by the chief justice and a trial justice may allow them to be disclosed in accordance with paragraph D, subparagraph 2, or paragraph O or any other applicable provision of this section.


The application, all renewal applications, warrant, all renewal orders and the return shall be stored in a secure place which shall be designated by the chief justice, to which access shall be denied to all persons except the chief justice or such court officers or administrative personnel of the court as he shall designate.


2. Any violation of the terms and conditions of any order of the chief justice, pursuant to the authority granted in this paragraph, shall be punished as a criminal contempt of court in addition to any other punishment authorized by law.


3. The application, warrant, renewal and return shall be kept for a period of five (5) years from the date of the issuance of the warrant or the last renewal thereof at which time they shall be destroyed by a person designated by the chief justice. Notice prior to the destruction shall be given to the applicant attorney general or his successor or the applicant district attorney or his successor and upon a showing of good cause to the chief justice, the application, warrant, renewal, and return may be kept for such additional period as the chief justice shall determine but in no event longer than the longest period of limitation for any designated offense specified in the warrant, after which time they must be destroyed by a person designated by the chief justice.


O. Introduction of evidence.


1. Notwithstanding any other provisions of this section or any order issued pursuant thereto, in any criminal trial where the commonwealth intends to offer in evidence any portions of the contents of any interception or any evidence derived therefrom the defendant shall be served with a complete copy of each document and item which make up each application, renewal application, warrant, renewal order, and return pursuant to which the information was obtained, except that he shall be furnished a copy of any recording instead of the original. The service must be made at the arraignment of the defendant or, if a period in excess of thirty (30) days shall elapse prior to the commencement of the trial of the defendant, the service may be made at least thirty (30) days before the commencement of the criminal trial. Service shall be made in hand upon the defendant or his attorney by any investigative or law enforcement officer of the commonwealth. Return of the service required by this subparagraph including the date of service shall be entered into the record of trial of the defendant by the commonwealth and such return shall be deemed prima facie evidence of the service described therein. Failure by the commonwealth to make such service at the arraignment, or if delayed, at least thirty days before the commencement of the criminal trial, shall render such evidence illegally obtained for purposes of the trial against the defendant; and such evidence shall not be offered nor received at the trial notwithstanding the provisions of any other law or rules of court.


2. In any criminal trial where the commonwealth intends to offer in evidence any portions of a recording or transmission or any evidence derived therefrom, made pursuant to the exceptions set forth in paragraph B, subparagraph 4, of this section, the defendant shall be served with a complete copy of each recording or a statement under oath of the evidence overheard as a result of the transmission. The service must be made at the arraignment of the defendant or if a period in excess of thirty days shall elapse prior to the commencement of the trial of the defendant, the service may be made at least thirty days before the commencement of the criminal trial. Service shall be made in hand upon the defendant or his attorney by any investigative or law enforcement officer of the commonwealth. Return of the service required by this subparagraph including the date of service shall be entered into the record of trial of the defendant by the commonwealth and such return shall be deemed prima facie evidence of the service described therein. Failure by the commonwealth to make such service at the arraignment, or if delayed at least thirty days before the commencement of the criminal trial, shall render such service illegally obtained for purposes of the trial against the defendant and such evidence shall not be offered nor received at the trial notwithstanding the provisions of any other law or rules of court.


P. Suppression of evidence.


Any person who is a defendant in a criminal trial in a court of the commonwealth may move to suppress the contents of any intercepted wire or oral communication or evidence derived therefrom, for the following reasons:


1. That the communication was unlawfully intercepted.


2. That the communication was not intercepted in accordance with the terms of this section.


3. That the application or renewal application fails to set forth facts sufficient to establish probable cause for the issuance of a warrant.


4. That the interception was not made in conformity with the warrant.


5. That the evidence sought to be introduced was illegally obtained.


6. That the warrant does not conform to the provisions of this section.


Q. Civil remedy.


Any aggrieved person whose oral or wire communications were intercepted, disclosed or used except as permitted or authorized by this section or whose personal or property interests or privacy were violated by means of an interception except as permitted or authorized by this section shall have a civil cause of action against any person who so intercepts, discloses or uses such communications or who so violates his personal, property or privacy interest, and shall be entitled to recover from any such person--


1. actual damages but not less than liquidated damages computed at the rate of $100 per day for each day of violation or $1000, whichever is higher;


2. punitive damages; and


3. a reasonable attorney's fee and other litigation disbursements reasonably incurred. Good faith reliance on a warrant issued under this section shall constitute a complete defense to an action brought under this paragraph.


R. Annual report of interceptions of the general court.


On the second Friday of January, each year, the attorney general and each district attorney shall submit a report to the general court stating (1) the number of applications made for warrants during the previous year, (2) the name of the applicant, (3) the number of warrants issued, (4) the effective period for the warrants, (5) the number and designation of the offenses for which those applications were sought, and for each of the designated offenses the following: (a) the number of renewals, (b) the number of interceptions made during the previous year, (c) the number of indictments believed to be obtained as a result of those interceptions, (d) the number of criminal convictions obtained in trials where interception evidence or evidence derived therefrom was introduced. This report shall be a public document and be made available to the public at the offices of the attorney general and district attorneys. In the event of failure to comply with the provisions of this paragraph any person may compel compliance by means of an action of mandamus.


CREDIT(S)


Amended by St.1959, c. 449, § 1; St.1968, c. 738, § 1; St.1986, c. 557, § 199; St.1993, c. 432, § 13; St.1998, c. 163, §§ 7, 8.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 99A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 99A. Jury deliberations; overhearing by use of devices


Whoever secretly overhears, or attempts secretly to overhear or to have any other person overhear the deliberations of a jury by use of a device commonly known as a dictograph or dictaphone, or however otherwise described, or by any similar device or arrangement with intent to procure any information relative to the conduct of such jury or any of its members, shall be punished by imprisonment for not more than five years or by a fine of not more than five thousand dollars, or both.


CREDIT(S)


Added by St.1956, c. 48, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 100


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 100 to 102. Repealed, 1968, 738, Secs. 4 to 6



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 102


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§§ 100 to 102. Repealed, 1968, 738, Secs. 4 to 6



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 103


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 103. Repealed, 1993, 279



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 104


Effective: January 5, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 104. Security for seizure and impoundment of animals relating to cruelty to animals or animal fighting


(a) As used in this section the word “Authority” shall mean an organization or authorized agent thereof that seizes or impounds an animal pursuant to the General Laws.


(b) If an animal is lawfully seized or impounded pursuant to the General Laws relating to cruelty to animals or animal fighting, the owner, custodian or person claiming an interest in the animal, shall be given a show cause hearing within 30 days after application for the complaint.


(c) If an animal is lawfully seized and impounded, the authority may file a petition with the court requesting that the person from whom an animal is seized or a person claiming an interest in the seized animal, be ordered to post a security. The authority shall serve a copy of the petition on the person from whom the animal was seized, or if the person cannot be found, by posting of copy at the place where the animal was taken into custody. The authority shall also serve a copy of the petition on the district attorney. The court may order that person to post a security.


(d) The security shall be in an amount sufficient to secure payment for all reasonable expenses to be incurred by the authority having custody of the seized animal for a temporary period of at least 30 days. The amount of the security shall be determined by the court upon the recommendation of the authority. Reasonable expenses shall include, but shall not be limited to, estimated medical care, shelter, and board.


(e) When security is posted in accordance with this section, the authority may draw from the security the actual reasonable costs incurred for medical care, shelter, and board.


(f) If the court orders the posting of security, the security shall be posted with the clerk within 10 business days of the show cause hearing. The court shall order the immediate forfeiture of the seized animal to the authority if the person fails to post security as ordered. The court may waive the security requirement or reduce the amount of the security for good cause shown.


(g) Posting of the security shall not prevent the authority from disposing of the seized or impounded animal before the expiration of the period covered by the security, if the court rules in favor of the authority.


(h) The authority may humanely dispose of the animal at the end of the period for which expenses are covered by the security, if the court orders the disposition. If the disposition order is denied, the court may require the owner or custodian or any other person claiming interest in the animal, to provide additional security to secure payment of reasonable expenses and to extend the period of time pending adjudication by the court of the charges against the person from whom the animal was seized.


(i) The owner or custodian of an animal humanely killed pursuant to this section shall not be entitled to recover damages or the actual value of the animal if the owner or custodian failed to post security.


(j) The court may direct a refund to the person who posted the security in whole or part for any expenses not incurred by the authority. The court may direct a refund to the person who posted security upon acquittal of the charges.


CREDIT(S)


Added by St.2002, c. 435.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 272 § 105


Effective: January 5, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 272. Crimes Against Chastity, Morality, Decency and Good Order (Refs & Annos)

§ 105. Photographing, videotaping or electronically surveilling partially nude or nude person; exceptions; punishment


(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:


“Electronically surveils” or “electronically surveilled”, to view, obtain or record a person's visual image by the use or aid of a camera, cellular or other wireless communication device, computer, television or other electronic device.


“Partially nude”, the exposure of the human genitals, buttocks, pubic area or female breast below a point immediately above the top of the areola.


(b) Whoever willfully photographs, videotapes or electronically surveils another person who is nude or partially nude, with the intent to secretly conduct or hide such activity, when the other person in such place and circumstance would have a reasonable expectation of privacy in not being so photographed, videotaped or electronically surveilled, and without that person's knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 2   1/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment.


(c) Whoever willfully disseminates the visual image of another person who is nude or partially nude, with knowledge that such visual image was unlawfully obtained in violation of subsection (b) and without consent of the person so depicted, shall be punished by imprisonment in the house of correction for not more than 2   1/2 years or in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment.


(d) This section shall not apply to a merchant that electronically surveils a customer changing room, provided that signage warning customers of the merchant's surveillance activity is conspicuously posted at all entrances and in the interior of any changing room electronically surveilled.


(e) This section shall not apply to a law enforcement officer acting within the scope of the officer's authority under applicable law, or by an order or warrant issued by a court.


(f) A sheriff, deputy sheriff or police officer may arrest without a warrant, a person whom he has probable cause to believe has violated this section.


(g) A photograph, videotape or other recorded visual image, depicting a person who is nude or partially nude that is part of any court record arising from a prosecution under this section, shall not be open to public inspection and shall only be made available by court personnel to a law enforcement officer, prosecuting attorney, defendant's attorney, defendant, or victim connected to such prosecution for inspection, unless otherwise ordered by the court.


(h) In a prosecution under this section, a justice of the superior court or district court may issue appropriate orders to restrain or prevent the unlawful dissemination of a person's visual image in violation of this section.


CREDIT(S)


Added by St.2008, c. 451, § 149, eff. Jan. 5, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 273, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 1. Abandonment and nonsupport; failure to comply with support order; decree establishing rights of spouse as prima facie evidence


A spouse or parent shall be guilty of a felony and shall be subject to the penalties set forth in section fifteen A if:


(1) he abandons his spouse or minor child without making reasonable provisions for the support of his spouse or minor child or both of them; or


(2) he leaves the commonwealth and goes into another state without making reasonable provisions for the support of his spouse or minor child or both of them; or


(3) he enters the commonwealth from another state without making reasonable provisions for the support of his spouse or minor child, or both of them, domiciled in another state; or


(4) wilfully and while having the financial ability or earning capacity to have complied, he fails to comply with an order or judgment for support which has been entered pursuant to chapter one hundred and nineteen, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C, or two hundred and seventy-three, or received, entered or registered pursuant to chapter two hundred and nine D, or entered pursuant to similar laws of other states. No civil proceeding in any court shall be held to be a bar to a prosecution hereunder but the court shall not enter any order pursuant to section fifteen A which would directly or indirectly result in a decrease in the amount paid for current support pursuant to an order or judgment on behalf of the child or spouse to who, or on whose behalf, support is owed.


In a prosecution hereunder a decree or judgment of a probate court in a proceeding in which the defendant or spouse appeared or was personally served with process, establishing the right of his spouse to live apart or the freedom of such spouse to convey and deal with property, or the right to the custody of the children, shall be admissible and shall be prima facie evidence of such right.


CREDIT(S)


Amended by St.1939, c. 177, § 1; St.1954, c. 539; St.1957, c. 49; St.1971, c. 276; St.1971, c. 762; St.1977, c. 848, § 2; St.1986, c. 310, § 22; St.1993, c. 340, § 3; St.1993, c. 460, § 88; St.1995, c. 5, §§ 97, 98.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 2. Jurisdiction; venue; supervision of parent by municipal or district court probation officers


Proceedings under section one shall be begun if in the superior court, in the county in which is situated the place where the husband and wife last lived together or where the husband or wife or parent of the child is living, and, if begun in a district court, in the court having such place within its judicial district; provided, that such a proceeding for an offense committed within the territorial limits of the Boston, the Worcester, Bristol county or the Springfield juvenile court, as designated by section fifty-seven of chapter two hundred and eighteen, if founded upon the same allegations as a proceeding under sections twenty-four to twenty-seven, inclusive, of chapter one hundred and nineteen, may be brought, heard and disposed of in said juvenile courts. Such a proceeding for an offense committed within the territorial limits prescribed for the criminal jurisdiction of any court other than the courts within the territorial limits of the Boston, the Worcester, Bristol county and the Springfield juvenile courts, if founded upon the same allegations as a proceeding under said sections twenty-four to twenty-seven, inclusive, of chapter one hundred and nineteen, may be heard and disposed of in the juvenile session of the court. Any parent placed on probation in such a proceeding in any of said juvenile courts shall at the request of the justice thereof be supervised by the probation officers of the municipal or district courts located within the territorial limits of that juvenile court.


CREDIT(S)


Amended by St.1933, c. 224; St.1943, c. 87, § 1; St.1953, c. 319, § 31; St.1958, c. 200; St.1969, c. 859, § 24; St.1972, c. 731, § 20.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 3


Effective: July 8, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 3. Payment of fines


The court imposing a fine under section fifteen A may at any time order it paid in whole or in part to a probation officer, to be paid by him to the spouse or to the city, town, corporation, society or person actually supporting the spouse, child or children, or to the state treasurer for the use of the department of children and families if the child has been committed to said department.


CREDIT(S)


Amended by St.1977, c. 848, § 3; St.1978, c. 552, § 42; St.1993, c. 460, § 89; St.2008, c. 176, § 128, eff. July 8, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§§ 4, 5. Repealed, 1986, 310, Sec. 23



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§§ 4, 5. Repealed, 1986, 310, Sec. 23



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 6. Recognizance on release on probation; compliance with judgment or order for support; forfeiture


The court shall also have the power to release the defendant from custody on probation for a period so fixed, upon his or her entering into a recognizance, with or without surety, in such sum as the court may order and approve. The condition of the recognizance shall be such that if the defendant shall make his personal appearance in court whenever ordered to do so, and shall further comply with the terms of any currently enforceable judgment or order for support entered pursuant to any civil action, including an action for annulment, divorce, separate support, or paternity and support, under chapters two hundred and seven, two hundred and eight, two hundred and nine or two hundred and nine C, then such recognizance shall be void, otherwise of full force and effect. An order or judgment for support entered against the defendant in any such civil proceeding shall be deemed to be currently enforceable if the defendant is currently able to comply with said order or judgment and it is or would be enforceable pursuant to an action for contempt or otherwise as provided under said chapter in case of forfeiture of recognizance, and enforcement therefor by execution, the sum recovered may, in the discretion of the court, be paid in whole or in part, to the spouse or parent of the child or to the person entitled to receive support.


CREDIT(S)


Amended by St.1986, c. 310, § 24.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 7. Evidence of marriage and parentage; husband and wife as witnesses; self incrimination; evidence of wilfulness; confidential communications


No other or greater evidence shall be required to prove the marriage of the husband and wife, or that the alleged father is the parent of the child, than may be required to prove the same facts in a civil action. In any prosecution begun under section one, both husband and wife shall be competent witnesses to testify against each other to any relevant matters, including the fact of their marriage and the parentage of the child; provided, that neither shall be compelled to give evidence incriminating himself. Proof of the desertion of the spouse or child, or of the neglect or refusal to make reasonable provision for their support and maintenance, shall be prima facie evidence that such desertion, neglect or refusal is wilful and without just cause. In no prosecution under sections one to ten, inclusive, shall any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply.


CREDIT(S)


Amended by St.1977, c. 848, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 8. Lack of custody as defence; duty to support child


In proceedings under sections one or fifteen against a parent, relative to any minor child, it shall not of itself be a defence that the defendant has ceased to have custody or the right to custody of such child on his own acquiescence or by judicial action. The legal duty of the parent or parents to support a minor child shall continue notwithstanding the absence of a court decree ordering them or either of them to pay for the support of said child and notwithstanding any court decree granting custody of such child to another.


CREDIT(S)


Amended by St.1953, c. 505; St.1960, c. 791; St.1993, c. 460, § 90.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 9. Repealed, 1938, 219, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 10. Uniform construction


Sections one to eight, inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states enacting their provisions.


CREDIT(S)


Amended by St.1938, c. 219, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 11. Repealed, 1977, 848, Sec. 7



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§§ 12 to 14. Repealed, 1986, 310, Sec. 25


DISPOSITION TABLE


Showing where the subject matter of the sections repealed by St.1986, c. 310, § 25, can be found in sections of Chapter 209C of the General Laws, enacted by § 16 of the same act.


Former Sections

New sections in c. 209C

12

3

 

4

 

8

 

12

12A

17

13

9

14

9

 

20


Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 12A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§§ 12 to 14. Repealed, 1986, 310, Sec. 25


DISPOSITION TABLE


Showing where the subject matter of the sections repealed by St.1986, c. 310, § 25, can be found in sections of Chapter 209C of the General Laws, enacted by § 16 of the same act.


Former Sections

New sections in c. 209C

12

3

 

4

 

8

 

12

12A

17

13

9

14

9

 

20


Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§§ 12 to 14. Repealed, 1986, 310, Sec. 25


DISPOSITION TABLE


Showing where the subject matter of the sections repealed by St.1986, c. 310, § 25, can be found in sections of Chapter 209C of the General Laws, enacted by § 16 of the same act.


Former Sections

New sections in c. 209C

12

3

 

4

 

8

 

12

12A

17

13

9

14

9

 

20


Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§§ 12 to 14. Repealed, 1986, 310, Sec. 25


DISPOSITION TABLE


Showing where the subject matter of the sections repealed by St.1986, c. 310, § 25, can be found in sections of Chapter 209C of the General Laws, enacted by § 16 of the same act.


Former Sections

New sections in c. 209C

12

3

 

4

 

8

 

12

12A

17

13

9

14

9

 

20


Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 15. Duty to support child born out of wedlock; conclusiveness of adjudication or acknowledgment of paternity


A parent of a minor child born out of wedlock whether or not the child was born in the commonwealth who wilfully neglects or refuses to contribute reasonably to the support of the child or who leaves the commonwealth and goes into another state without making reasonable provision for the support of the child, or who enters the commonwealth from another state without making reasonable provision for the support of the child domiciled in another state, or who, wilfully and while having the financial ability or earning capacity to have complied, fails to comply with an order or judgment for support which has been entered pursuant to chapter one hundred and nineteen, two hundred and seven, two hundred and nine C, or two hundred and seventy-three, or received, entered or registered pursuant to chapter two hundred and nine D, or entered pursuant to similar laws of other states, shall be guilty of a felony and shall be subject to the penalties provided under section fifteen A. No civil proceeding in any court shall be held to be a bar to the prosecution hereunder but the court shall not enter any order pursuant to section fifteen A which would directly or indirectly result in a decrease in the amount paid for current support pursuant to an order or judgment on behalf of the child to whom, or on whose behalf, support is owed.


If there has been a voluntary acknowledgment of parentage or an adjudication of paternity under chapter two hundred and nine C or under any provision of this chapter in effect immediately prior to the effective date of this section or other law in this or any other jurisdiction, such acknowledgment or adjudication shall be conclusive on all persons in proceedings under this section. If there has been no adjudication or acknowledgment of paternity, proceedings under this section shall be stayed pending the conclusion of an action to establish paternity under chapter two hundred and nine C, which shall be commenced forthwith.


CREDIT(S)


Amended by St.1977, c. 848, § 6; St.1979, c. 621, § 2; St.1986, c. 310, § 26; St.1993, c. 460, § 91; St.1995, c. 5, §§ 99, 100.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 15A


Effective: December 8, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 15A. Abandonment and willful nonsupport; penalties; alternative sentencing; restitution


(1) The penalty for violation of sections one and fifteen of this chapter shall be by fine or by imprisonment or by both fine and imprisonment as specified below.


(2) A person who abandons his spouse or minor child without making reasonable provisions for the support of either or both of them or who is subject to an order or judgment for support pursuant to chapters one hundred and nineteen, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C, two hundred and seventy-three, or two hundred and nine D, or pursuant to similar laws of other states, who, wilfully and while having the financial ability or earning capacity to have complied, fails to comply with that order or judgment, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in jail or the house of correction for not more than two and one-half years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment.


(3) A person who leaves the commonwealth and goes into another state without making reasonable provisions for the support of a spouse or child, or who enters the commonwealth from another state without making reasonable provision for the support of a spouse or child domiciled in another state, shall be punished by imprisonment in the state prison for not more than ten years or by imprisonment in jail or the house of correction for not more than two and one-half years, or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment.


(4) In a prosecution under this chapter, the court may, upon conviction of the defendant, provide for alternative sentencing including (a) the suspension of the sentence upon and during the compliance by the defendant with any order for the support as already made or as thereafter modified, or (b) notwithstanding the provision of section six of chapter two hundred and seventy-nine, the imprisonment of the defendant only on designated weekends, evenings or holidays, provided, that such defendant retains employment and complies with such support orders.


(5) In a prosecution under this chapter the defendant may be ordered to make restitution to the spouse or the custodial parent or to the person or agency, including the department of public welfare, who is supporting or has supported the spouse or child for all sums expended on behalf of such spouse or child, provided that if the defendant establishes a lesser ability to have provided support, the amount of any liability imposed by this section shall be consistent with the defendant's prior ability to have paid support.


CREDIT(S)


Added by St.1986, c. 310, § 26. Amended by St.1993, c. 460, §§ 92 to 95; St.1995, c. 5, §§ 101 to 104; St.2005, c. 163, § 54, eff. Dec. 8, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 15B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 15B. Receiving, concealing or transferring assets for the purpose of avoiding payment; penalty


Whoever receives or conceals an asset of another knowing that said asset is being transferred for the purpose of concealing it to avoid payment of an order or judgment for support issued pursuant to the provisions of chapter 119, 207, 208, 209, 209A, 209C, 209D or 273, or pursuant to any similar laws of other states, shall be punished by a fine of not more than $5,000 or by imprisonment in a jail or house of correction for not more than two and one-half years, or by both such fine and imprisonment; and whoever transfers an asset for the purpose of concealing it to avoid payment of an order or judgment for support issued pursuant to said chapter 119, 207, 208, 209, 209A, 209C, 209D or 273, or pursuant to any similar laws of other states shall be punished by a fine of not more than $5,000 or by imprisonment in a jail or house of correction for not more than two and one-half years, or both such fine and imprisonment. The court may in the alternative to the foregoing punishment divert the defendant to a program as defined in section 1 of chapter 276A.


CREDIT(S)


Added by St.1998, c. 483, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 16. Proceedings under Secs. 1 and 15


The provisions of sections two, six, seven and ten shall apply in proceedings under sections one and fifteen.


CREDIT(S)


Amended by St.1977, c. 848, § 6; St.1993, c. 460, § 96.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 17


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 17. Dismissal of case


If the court having jurisdiction of a case under sections fifteen to eighteen, inclusive, becomes satisfied that the alleged father and the mother have married each other and the child has become or will be the legitimate child of the alleged father or that it is for the best interest of the child, the case may be dismissed and if the court certifies that it is for the best interests of the child, no further prosecution shall be maintained under any of said sections.


CREDIT(S)


Amended by St.1953, c. 163; St.1977, c. 848, § 6; St.1986, c. 310, § 27.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 18. Money forfeited or recovered upon recognizance or deposit used for support


If money is forfeited or recovered upon a recognizance or deposit in lieu thereof given in proceedings under sections fifteen to eighteen, inclusive, or any of them, the court in which such proceedings are pending may order such money paid to the probation officer and expended by him, under the direction of the court, for the support of the child.


CREDIT(S)


Amended by St.1977, c. 848, § 6; St.1986, c. 310, § 28.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 18A


Effective: July 8, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 18A. Support obligations under prior law; enforcement; insurance coverage; amended orders


(a) Any order issued by a court pursuant to sections one, five, or fifteen as those sections appeared prior to the effective date of this section directing the defendant to pay certain sums periodically to the probation officer as a condition of releasing the defendant from custody on probation, shall continue in full force and effect, subject to the jurisdiction of said court and to change from time to time as circumstances may require, for a period not exceeding six years from said date. A voluntary agreement relating to the support of a spouse or child or children previously executed by the defendant may be admitted as evidence of the defendant's support obligation. If the court finds that the obligation imposed by such agreement is reasonable in the circumstance, and that the defendant has failed to comply with its terms, the court may include in any subsequent order the payment of any part or all of the arrears which accrued under such agreement if the complaint includes the period of such arrearage; provided, however, that when such agreement is executed with the department of public welfare or with any official of the court, such agreement shall not be enforceable unless the defendant was informed in writing at the time he executed the agreement that the failure to comply with the support order would result in the commencement of criminal nonsupport proceedings under this chapter against him. The probation officer subject to the direction of the court, shall pay over payments received by him to the IV-D agency, as set forth in chapter one hundred and nineteen A, which shall in turn make payments to the spouse or guardian or custodian of the child, or to the city, town, corporation, society or person supporting the spouse or child, or to the state treasurer for the use of the department of children and families when the payments are for the support of a child committed to it. If the court is satisfied by due proof under oath that at any time the defendant has violated the terms of the order for payments, it may proceed to try the defendant upon the original charge, or sentence him under the original plea or conviction, or enforce the suspended sentence, as the case may be.


(b) When the court reviews or modifies an order for support on behalf of a spouse or child, said court shall determine whether the obligor under such order has health insurance or other health coverage available to him through an employer or organization or has health insurance or other health coverage available to him at reasonable cost that may be extended to cover the spouse or child for whom support is ordered. When said court has determined that the obligor has such insurance or coverage available to him, said court shall include in the support order a requirement that the obligor exercise the option of additional coverage in favor of the spouse and child or obtain coverage for the spouse and child.


(c) Each order for support reviewed, modified, or otherwise brought before the court pursuant to this section shall be amended so as to conform to and shall thereafter be enforced in accordance with the provisions of section twelve of chapter one hundred and nineteen A.


CREDIT(S)


Added by St.1986, c. 310, § 29. Amended by St.1988, c. 23, § 70; St.2008, c. 176, § 129, eff. July 8, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 19


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 19. Repealed, 1977, 848, Sec. 7



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 20


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 20. Neglect or refusal to support parent


Any person, over eighteen, who, being possessed of sufficient means, unreasonably neglects or refuses to provide for the support and maintenance of his parent, whether father or mother, residing in the commonwealth, when such parent through misfortune and without fault of his own is destitute of means of sustenance and unable by reason of old age, infirmity or illness to support and maintain himself, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or both. No such neglect or refusal shall be deemed unreasonable as to a child who shall not during his minority have been reasonably supported by such parent, if such parent was charged with the duty so to do, nor as to a child who, being one of two or more children, has made proper and reasonable contribution toward the support of such parent.


CREDIT(S)


Amended by St.1973, c. 925, § 80.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 21


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 21. Venue; complainants


Proceedings under the preceding section shall be begun, if in the superior court, in the county in which is situated the place where the defendant or the parent lives, and, if begun in a district court, in the court having such place within its judicial district. Complaints in district courts under the preceding section may be made by any such parent, by any child of such parent or by the department of public welfare.


CREDIT(S)


Amended by St.1974, c. 260, § 32.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 22


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 22. Orders; applicability of Secs. 1 to 10 of this chapter


Before trial, with the consent of the defendant, or after entry of a plea of guilty or nolo contendere, or after conviction, the court may make for the benefit of such destitute parent orders similar to those provided by section five; and the practice established by the first ten sections of this chapter shall, so far as applicable, apply to proceedings under this and the two preceding sections.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273 § 23


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273. Desertion, Non-Support and Illegitimacy (Refs & Annos)

§ 23. Needy disabled persons; neglect or refusal of parents to support; penalty


The father or mother of any needy disabled person who unreasonably neglects or refuses to provide for the support and maintenance of such person shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years, or both.


CREDIT(S)


Added by St.1959, c. 402.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 273A, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed]


DISPOSITION TABLE


Showing where the subject matter of Chapter 273A, added by St.1951, c. 657, § 1, and stricken out by St.1954, c. 556, § 1, can now be found in the new sections enacted thereby.


Former Sections

New Sections

1

1

2

2

3

3

4

4

5

5

6

6

7

7

8

8

9

9

10

10

11

11

12

12

13

13

14

14

15

16

16

17

17

15

DISPOSITION TABLE


Showing where the subject matter of Chapter 273A, added by St.1954, c. 556, § 1, as amended, consisting of §§ 1 to 17, and stricken out by St.1995, c. 5, § 105, can be found in new §§ 1-101 to 9-902 of new Chapter two hundred and nine D enacted by § 87 of the same act.


Former Sections

New c. 209D Sections

1

1-101

2

1-103

3

--

3A

2-206

4

--

5

--

6

2-206

7

6-602

8

2-205

9

6-605

10

3-305

10A

6-603

11

3-305

12

3-305

13

--

14

--

15

3-313

15A

3-313

15B

--

16

--

17

9-901

Section 3, which related to enforcement of the duty of support regardless of presence or residence of the obligee, was derived from G.L. c. 273A, § 3, added by St.1951, c. 657, § 1 and St.1954, c. 556, § 1.


Section 4, which related to enforceability of duties of support was derived from G.L. c. 273A, § 4, added by St.1951, c. 657, § 1 and St.1954, c. 556, § 1.


Section 5, which related to the right of a state or political division to commence proceedings, was derived from G.L. c. 273A, § 5, added by St.1951, c. 657, § 1 and St.1954, c. 556, § 1.


Section 13, which related to receipt and transfer of payments to the court of an initiating state by a probation officer, was derived from G.L. c. 273A, § 13, added by St.1951, c. 657, § 1 and St.1954, c. 556, § 1.


Section 14, which related to the receipt and disbursement of payments, was derived from G.L. c. 273A, § 14, added by St.1951, c. 657, § 1 and St.1954, c. 556, § 1.


Section 15B, which related to the procedure for appeals, was derived from St.1993, c. 460, § 103.


Section 16, which related to the partial invalidity of the chapter, was derived from G.L. c. 273A, § 17, added by St.1951, c. 657, § 1 and St.1954, c. 556, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 3A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 10A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 15A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 15B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 273A § 17


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 273A. Uniform Reciprocal Enforcement of Support [Repealed] (Refs & Annos)

§§ 1 to 17. Repealed, 1995, 5, Sec. 105



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. I, Ch. 274, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 274. Felonies, Accessories and Attempts to Commit Crimes



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 274 § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 274. Felonies, Accessories and Attempts to Commit Crimes (Refs & Annos)

§ 1. Felonies and misdemeanors


A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 274 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 274. Felonies, Accessories and Attempts to Commit Crimes (Refs & Annos)

§ 2. Aiders; accessories before fact; punishment


Whoever aids in the commission of a felony, or is accessory thereto before the fact by counselling, hiring or otherwise procuring such felony to be committed, shall be punished in the manner provided for the punishment of the principal felon.


CREDIT(S)


Amended by St.1968, c. 206, § 1; St.1973, c. 529, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 274 § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 274. Felonies, Accessories and Attempts to Commit Crimes (Refs & Annos)

§ 3. Counselling or procuring felony; prosecution as accessory before fact or principal; punishment; venue


Whoever counsels, hires or otherwise procures a felony to be committed may be indicted and convicted as an accessory before the fact, either with the principal felon or after his conviction; or may be indicted and convicted of the substantive felony, whether the principal felon has or has not been convicted, or is or is not amenable to justice; and in the last mentioned case may be punished in the same manner as if convicted of being an accessory before the fact. An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, although the counselling, hiring or procuring the commission of such felony was committed within or without the commonwealth or on the high seas.


CREDIT(S)


Amended by St.1968, c. 206, § 2; St.1973, c. 529, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 274 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 274. Felonies, Accessories and Attempts to Commit Crimes (Refs & Annos)

§ 4. Accessories after fact; punishment; relationship as defence; cross-examination; impeachment


Whoever, after the commission of a felony, harbors, conceals, maintains or assists the principal felon or accessory before the fact, or gives such offender any other aid, knowing that he has committed a felony or has been accessory thereto before the fact, with intent that he shall avoid or escape detention, arrest, trial or punishment, shall be an accessory after the fact, and, except as otherwise provided, be punished by imprisonment in the state prison for not more than seven years or in jail for not more than two and one half years or by a fine of not more than one thousand dollars. The fact that the defendant is the husband or wife, or by consanguinity, affinity or adoption, the parent or grandparent, child or grandchild, brother or sister of the offender, shall be a defence to a prosecution under this section. If such a defendant testifies solely as to the existence of such relationship, he shall not be subject to cross examination on any other subject matter, nor shall his criminal record, if any, except for perjury or subornation of perjury, be admissible to impeach his credibility.


CREDIT(S)


Amended by St.1943, c. 488, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 274 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 274. Felonies, Accessories and Attempts to Commit Crimes (Refs & Annos)

§ 5. Felon's conviction or amenability to justice; venue


An accessory to a felony after the fact may be indicted, convicted and punished, whether the principal felon has or has not been previously convicted, or is or is not amenable to justice, either in the county where he became an accessory or in the county where the principal felony was committed.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 274 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 274. Felonies, Accessories and Attempts to Commit Crimes (Refs & Annos)

§ 6. Attempts to commit crimes; punishment


Whoever attempts to commit a crime by doing any act toward its commission, but fails in its perpetration, or is intercepted or prevented in its perpetration, shall, except as otherwise provided, be punished as follows:


First, by imprisonment in the state prison for not more than ten years, if he attempts to commit a crime punishable with death.


Second, by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one half years, if he attempts to commit a crime, except any larceny under section thirty of chapter two hundred and sixty-six, punishable by imprisonment in the state prison for life or for five years or more.


Third, by imprisonment in a jail or house of correction for not more than one year or by a fine of not more than three hundred dollars, if he attempts to commit a crime, except any larceny under said section thirty, punishable by imprisonment in the state prison for less than five years or by imprisonment in a jail or house of correction or by a fine.


Fourth, by imprisonment in a jail or house of correction for not more than two and one half years or by a fine, or by both such fine and imprisonment, if he attempts to commit any larceny punishable under said section thirty.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 274 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title I. Crimes and Punishments (Ch. 263-274)

Chapter 274. Felonies, Accessories and Attempts to Commit Crimes (Refs & Annos)

§ 7. Conspiracy; penalties


Any person who commits the crime of conspiracy shall be punished as follows:


First, if the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a felony punishable by death or imprisonment for life, by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than twenty years or in jail for not more than two and one half years, or by both such fine and imprisonment.


Second, if clause first does not apply and the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a felony punishable by imprisonment in the state prison for a maximum period exceeding ten years, by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than ten years or in jail for not more than two and one half years, or by both such fine and imprisonment.


Third, if clauses first and second do not apply and the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a felony punishable by imprisonment in the state prison for not more than ten years, by a fine of not more than five thousand dollars or by imprisonment in the state prison for not more than five years or in jail for not more than two and one half years, or by both such fine and imprisonment.


Fourth, if clauses first through third do not apply and the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a crime, by a fine of not more than two thousand dollars or by imprisonment in jail for not more than two and one half years, or both.


If a person is convicted of a crime of conspiracy for which crime the penalty is expressly set forth in any other section of the General Laws, the provisions of this section shall not apply to said crime and the penalty therefor shall be imposed pursuant to the provisions of such other section.


CREDIT(S)


Added by St.1968, c. 721, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. II, Ch. 275, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 1. Justices keeping public peace; security


The justices of the supreme judicial court, of the superior court, and of district courts may cause all laws made for the preservation of the public peace to be kept; and in the execution of that power may require persons to give security to keep the peace, or for their good behavior, or both, as provided in this chapter.


CREDIT(S)


Amended by St.1959, c. 313, § 17.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 2. Complaint of threat to commit crime


If complaint is made to any such court or justice that a person has threatened to commit a crime against the person or property of another, such court or justice shall examine the complainant and any witnesses who may be produced, on oath, reduce the complaint to writing and cause it to be subscribed by the complainant.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 3. Warrant to apprehend accused


If, upon such examination, it is found there is just cause to fear that such crime may be committed, such court or justice shall issue a warrant, reciting the substance of the complaint, and requiring the officer to whom it is directed forthwith to apprehend the person complained of and take him before such justice or some other justice or court having jurisdiction of the cause. Such warrant, if issued by a justice, shall be under his hand.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 4. Punishment; recognizance to keep the peace


If the person complained of is convicted, he may be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months. Instead of imposing sentence, the court or justice may order the person complained of to enter into a recognizance, with sufficient sureties, in such sum as the court or justice orders, to keep the peace toward all the people of the commonwealth, and especially toward the person requiring such security, for such term, not exceeding six months, as the court or justice may order. The court or justice may, for good cause, revoke such order or reduce the amount of the recognizance, or order that it be taken without surety.


CREDIT(S)


Amended by St.1992, c. 379, § 182.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 5. Commitment on refusal or neglect to recognize


If the person complained of so recognizes, he shall be discharged, but if he refuses or neglects so to do, he shall be committed to the jail or house of correction during the period for which he was required to give security, or until within that time he so recognizes, stating in the warrant the cause of commitment and the sum and time for which security was required.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 6. Discharge of accused; complainant paying expenses


If, upon such examination, it is found that there is not just cause to fear that such crime will be committed by the person complained of, he shall be forthwith discharged; and if it is found that the complaint is unfounded, frivolous or malicious, the complainant may be ordered to pay the expenses of prosecution.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 7. Accused paying expenses; commitment


If a person is required to give security to keep the peace or for his good behavior, the court or justice may order him to pay the expenses of prosecution, or any part thereof, and that he shall stand committed until they are paid or he is otherwise legally discharged.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 8. Appeal from order to recognize


Whoever having waived jury trial in accordance with the provisions of section twenty-six A of chapter two hundred and eighteen is aggrieved by an order of the Boston municipal court or the district court, requiring him to recognize as provided aforesaid, may, upon giving the security required, appeal to the jury session designated pursuant to section twenty-seven A of chapter two hundred and eighteen for the conduct of jury trials in cases brought in the court wherein said order was made.


CREDIT(S)


Amended by St.1959, c. 313, § 18; St.1992, c. 379, § 183.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 9. Witnesses to recognize for appearance


The court or justice shall require such witnesses as may be necessary to support the complaint to recognize for their appearance at the jury session.


CREDIT(S)


Amended by St.1978, c. 478, § 280.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 10. Proceedings on appeal


The justice sitting in the jury session may affirm the order or discharge the appellant, or may require him to enter into a new recognizance, with sufficient sureties, in such sum and for such time as it may order, and may make such order relative to the expenses of prosecution as is just and reasonable.


CREDIT(S)


Amended by St.1978, c. 478, § 281.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 11. Failure to prosecute appeal; recognizance remaining in force


If the appellant fails to prosecute his appeal of an order of recognizance, his recognizance shall remain in full force and effect as to any breach of the condition, without an affirmation of the judgment or order of the court or justice, and shall also stand as security for any expenses of prosecution which the justice in the jury session may order the appellant to pay.


CREDIT(S)


Amended by St.1978, c. 478, § 282; St.1992, c. 379, § 184.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 12. Discharge from commitment upon giving security


A person committed for not finding sureties, or for refusing to recognize as required, may be discharged upon giving such security.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 13. Recognizance; breach of condition


Upon a breach of the condition of a recognizance taken pursuant to the provisions of sections four to eleven, inclusive, an action thereon shall be commenced by the district attorney in the court in which the recognizance is then on file.


CREDIT(S)


Amended by St.1978, c. 478, § 283; St.1992, c. 379, § 185.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 14. Affray, threats or disturbance of peace in presence of justice; recognizance to keep peace


Whoever, in the presence of a justice named in section one or before a court of record, makes an affray, or threatens to kill or beat another, or to commit any violence or outrage against the person or property of another, or contends with hot and angry words, to the disturbance of the peace, may be ordered, without process or any other proof, to recognize to keep the peace or be of good behavior for not more than three months, and in case of refusal may be committed as provided in section five.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 15. Repealed, 1932, 180, Sec. 42



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 16. Remission of portion of forfeited penalty


If, upon a suit brought on such recognizance, the penalty thereof is adjudged forfeited, the court may, upon petition of a defendant, remit such portion of it as it finds ought to be remitted.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 17


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 17. Right of surety to surrender principal; discharge from liability; new recognizance


A surety in a recognizance to keep the peace, or for good behavior, or both, shall have the same authority and right to take and surrender his principal as if he were bail for him in a civil cause; and after such surrender shall be discharged from all liability for any act of the principal subsequent to such surrender which would be a breach of the condition of the recognizance. The person so surrendered may recognize anew with sufficient sureties for the residue of the term, and shall thereupon be discharged.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 275 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 275. Proceedings to Prevent Crimes (Refs & Annos)

§ 18. Community parole supervision for life in addition to sentence of imprisonment or probation; covered offenses


Whenever a person is convicted of a first offense under section 13B, 13F or 13H of chapter 265 or for a first offense for the attempt of any of the aforementioned crimes under section 6 of chapter 274, the district attorney, upon motion to the court, may request a hearing after conviction and before sentencing, to determine whether or not such person shall be committed, in addition to any term of imprisonment or probation authorized by said sections, to community parole supervision for life, to be served under the jurisdiction of the parole board as set forth in section 133D of chapter 127. Whenever a person is convicted of a first offense under section 22, 22A, 23, 24, 24B or 26 of said chapter 265, section 3 or 35A of chapter 272 or for a first offense for the attempt of any of the aforementioned crimes under said section 6 of said chapter 274, the elements of which are mitigated by certain circumstances, the defendant, upon motion to the court, may request a hearing after conviction and before sentencing to determine whether or not such person shall receive, in addition to a term of imprisonment or probation authorized by such sections, community parole supervision for life, to be served under the jurisdiction of the parole board as set forth in said section 133D of said chapter 127.


At such hearing, the defendant shall have the right to be represented by counsel, and, if financially unable to retain adequate representation, to have counsel appointed to him. The defendant shall be afforded an opportunity to testify, to present witnesses, to cross-examine witnesses who appear at the hearing and to present information. The rules concerning admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at the hearing. A finding by the court that such person shall be committed to community parole supervision for life shall be supported by clear and convincing evidence.


In making a determination the judge shall, on the basis of any information which he can reasonably obtain, consider any mitigating or aggravating circumstances including, but not limited to, the defendant's character, propensities, criminal record, the nature and seriousness of the danger posed to any person or the community and the nature and circumstances of the offense for which the defendant is convicted. If the judge finds, by clear and convincing evidence, that no reasons for community parole supervision for life to be served under the jurisdiction of the parole board, as set forth in section 133D of chapter 127, exist, the judge shall not impose community supervision for life on such first offender.


Whenever a person is convicted of a first offense under section 22, 22A, 23, 24, 24B or 26 of chapter 265, or section 3 or 35A of chapter 272 or for a first attempt of any of the aforementioned crimes under the provisions of section 6 of chapter 274, the district attorney may file a motion with the sentencing judge requesting that the defendant not receive community parole supervision for life, and upon receipt of such motion, the sentencing judge shall not impose community parole supervision for life on such first offender.


CREDIT(S)


Added by St.1999, c. 74, § 14.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. II, Ch. 276, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 1. Complaint; warrant for designated property or articles; search incident to arrest; documentary evidence subject to privilege


A court or justice authorized to issue warrants in criminal cases may, upon complaint on oath that the complainant believes that any of the property or articles hereinafter named are concealed in a house, place, vessel or vehicle or in the possession of a person anywhere within the commonwealth and territorial waters thereof, if satisfied that there is probable cause for such belief, issue a warrant identifying the property and naming or describing the person or place to be searched and commanding the person seeking such warrant to search for the following property or articles:


First, property or articles stolen, embezzled or obtained by false pretenses, or otherwise obtained in the commission of a crime;


Second, property or articles which are intended for use, or which are or have been used, as a means or instrumentality of committing a crime, including, but not in limitation of the foregoing, any property or article worn, carried or otherwise used, changed or marked in the preparation for or perpetration of or concealment of a crime;


Third, property or articles the possession or control of which is unlawful, or which are possessed or controlled for an unlawful purpose; except property subject to search and seizure under sections forty-two through fifty-six, inclusive, of chapter one hundred and thirty-eight;


Fourth, the dead body of a human being.


Fifth, the body of a living person for whom a current arrest warrant is outstanding.


A search conducted incident to an arrest may be made only for the purposes of seizing fruits, instrumentalities, contraband and other evidence of the crime for which the arrest has been made, in order to prevent its destruction or concealment; and removing any weapons that the arrestee might use to resist arrest or effect his escape. Property seized as a result of a search in violation of the provisions of this paragraph shall not be admissible in evidence in criminal proceedings.


The word “property”, as used in this section shall include books, papers, documents, records and any other tangible objects.


Nothing in this section shall be construed to abrogate, impair or limit powers of search and seizure granted under other provisions of the General Laws or under the common law.


Notwithstanding the foregoing provisions of this section, no search and seizure without a warrant shall be conducted, and no search warrant shall issue for any documentary evidence in the possession of a lawyer, psychotherapist, or a clergyman, including an accredited Christian Science practitioner, who is known or may reasonably be assumed to have a relationship with any other person which relationship is the subject of a testimonial privilege, unless, in addition to the other requirements of this section, a justice is satisfied that there is probable cause to believe that the documentary evidence will be destroyed, secreted, or lost in the event a search warrant does not issue. Nothing in this paragraph shall impair or affect the ability, pursuant to otherwise applicable law, to search or seize without a warrant or to issue a warrant for the search or seizure of any documentary evidence where there is probable cause to believe that the lawyer, psychotherapist, or clergyman in possession of such documentary evidence has committed, is committing, or is about to commit a crime. For purposes of this paragraph, “documentary evidence” includes, but is not limited to, writings, documents, blueprints, drawings, photographs, computer printouts, microfilms, X-rays, files, diagrams, ledgers, books, tapes, audio and video recordings, films or papers of any type or description.


CREDIT(S)


Amended by St.1934, c. 235, § 1; St.1934, c. 303, § 2; St.1943, c. 508, § 5; St.1947, c. 93; St.1963, c. 96, § 1; St.1964, c. 557, § 1; St.1974, c. 508; St.1982, c. 260; St.1986, c. 691.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 1A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 1A. Articles belonging to subversive organizations


A justice of the superior court, upon application of the attorney general or a district attorney, and upon complaint on oath that the complainant believes that any of the property or articles hereinafter named are concealed in a particular house or place, if satisfied that there is a reasonable cause for such belief, may issue a warrant to search for the following property or articles: books, records, files, membership lists, funds, referred to in sections eighteen and twenty-one of chapter two hundred and sixty-four, or written or printed documents, paper or pictorial representations, referred to in section eleven of said chapter two hundred and sixty-four, belonging to a subversive organization as defined in said section eighteen, or used, provided for, or intended to be used for, the purposes specified in said section eleven.


CREDIT(S)


Added by St.1955, c. 272, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 1B


Effective: October 22, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 1B. Search warrants for records possessed by foreign corporations providing electronic communication or remote computing services


(a) As used in this section, the following words shall have the following meanings:--


“Adverse result”, occurs when notification of the existence of a search warrant results in:--


(1) danger to the life or physical safety of an individual;


(2) a flight from prosecution;


(3) the destruction of or tampering with evidence;


(4) the intimidation of a potential witness or witnesses; or


(5) serious jeopardy to an investigation or undue delay of a trial.


“Electronic communication services”, shall be construed in accordance with sections 2701 to 2711 Title 18, of the United States Code. This definition shall not apply to corporations that do not provide electronic communication services to the general public.


“Foreign corporation”, any corporation or other entity that makes a contract or engages in a terms of service agreement with a resident of the commonwealth to be performed in whole or in part by either party in the commonwealth. The making of the contract or terms of service agreement shall be considered to be the agreement of the foreign corporation that a search warrant or subpoena which has been properly served on it has the same legal force and effect as if served personally within the commonwealth.


“Massachusetts corporation”, any corporation or other entity that is subject to chapter 155 or chapter 156B.


“Properly served”, delivery of a search warrant or subpoena by hand, by United States mail, by commercial delivery service, by facsimile or by any other manner to any officer of a corporation or its general manager in the commonwealth, to any natural person designated by it as agent for the service of process, or if such corporation has designated a corporate agent, to any person named in the latest certificate filed pursuant to section 15.03 of chapter 156D.


“Remote computing services”, shall be construed in accordance with sections 2701 to 2711, inclusive, of Title 18, of the United States Code. This definition shall not apply to corporations that do not provide those services to the general public.


“Subpoena”, a grand jury or trial subpoena issued in the course of a criminal proceeding or an administrative subpoena issued pursuant to section 17B of chapter 271.


(b) A court or justice authorized to issue warrants in criminal cases may, upon complaint on oath that the complainant believes that any of the records hereinafter named are actually or constructively possessed by a foreign corporation that provides electronic communication services or remote computing services, if satisfied that probable cause has been established for such belief, issue a warrant identifying those records to be searched for and commanding the person seeking such warrant to properly serve the warrant upon the foreign corporation:--


(1) those records which would reveal the identity of a customer using those services;


(2) data stored by or on behalf of a customer;


(3) records of a customer's usage of those services;


(4) records of the source of communications sent to or the recipient or destination of communications sent from a customer; or


(5) the content of those communications stored by an electronic communication or remote commuting service.


(c) The following provisions shall apply to any search warrant issued pursuant to this section and to any subpoena issued in the course of a criminal investigation or proceeding directed to a foreign corporation that provides electronic communication services or remote computing services:


(1) when properly served with a search warrant issued by any court of the commonwealth or justice pursuant to this section or a subpoena, a foreign corporation subject to this section shall provide all records sought pursuant to that warrant or subpoena within 14 days of receipt, including those records maintained or located outside the commonwealth;


(2) if the applicant makes a showing and the court or justice finds that failure to produce records within less than 14 days would cause an adverse result, a warrant may require production of records within less than 14 days;


(3) a court or justice may reasonably extend the time required for production of the records upon finding that the foreign corporation has shown good cause for that extension and that an extension of time would not cause an adverse result;


(4) a foreign corporation seeking to quash a warrant or subpoena served on it pursuant to this section shall seek relief from the court that issued the warrant or the court which has jurisdiction over the subpoena within the time required for production of records pursuant to this section. The court shall hear and decide such motion not later than 14 days after the motion is filed;


(5) in the case of an administrative subpoena issued by the attorney general, the superior court of Suffolk county shall have jurisdiction and in the case of an administrative subpoena issued by a district attorney, the superior court in any county in which the district attorney maintains an office shall have jurisdiction; and


(6) the foreign corporation shall verify the authenticity of records that it produces by providing an affidavit from the person in custody of those records certifying that they are true and complete.


(d) A Massachusetts corporation that provides electronic communication services or remote computing services, when served with a warrant or subpoena issued by another state to produce records that would reveal the identity of the customers using those services, data stored by, or on behalf of the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, shall produce those records as if that warrant or subpoena had been issued under the law of the commonwealth.


(e) No cause of action shall lie against any foreign or Massachusetts corporation subject to this section, its officers, employees, agents or other persons for providing records, information, facilities or assistance in accordance with the terms of a warrant or subpoena issued pursuant to this section.


CREDIT(S)


Added by St.2008, c. 205, § 4, eff. Oct. 22, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 2. Requisites of warrant


Search warrants shall designate and describe the building, house, place, vessel or vehicle to be searched and shall particularly describe the property or articles to be searched for. They shall be substantially in the form prescribed in section two A of this chapter and shall be directed to the sheriff or his deputy or to a constable or police officer, commanding him to search in the daytime, or if the warrant so directs, in the nighttime, the building, house, place, vessel or vehicle where the property or articles for which he is required to search are believed to be concealed, and to bring such property or articles when found, and the persons in whose possession they are found, before a court having jurisdiction.


CREDIT(S)


Amended by St.1959, c. 313, § 19; St.1963, c. 96, § 2; St.1964, c. 557, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 2A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 2A. Form of warrant


The warrant shall be in substantially the following form:


THE COMMONWEALTH OF MASSACHUSETTS.


(COUNTY), ss.

(NAME) COURT.

To the Sheriffs of our several counties, or their deputies, any State Police Officer, or any Constable or Police Officer of any city or town, within our said Commonwealth.


Proof by affidavit having been made this day before (name of person authorized to issue warrant) by (names of person or persons whose affidavits have been taken) that there is probable cause for believing that (certain property has been stolen, embezzled, or obtained by false pretenses; certain property is intended for use or has been used as the means of committing a crime; certain property has been concealed to prevent a crime from being discovered; certain property is unlawfully possessed or kept or concealed for an unlawful purpose).


We therefore command you in the daytime (or at any time of the day or night) to make an immediate search of (identify premises) (occupied by A.B.) and (of the person of A.B.) and of any person present who may be found to have such property in his possession or under his control or to whom such property may have been delivered, for the following property:


(description of property)


and if you find any such property or any part thereof to bring it and the persons in whose possession it is found before (court having jurisdiction) at (name of court and location).


Dated at (city or town) this .......... day of .........., (insert year).


Clerk.


CREDIT(S)


Added by St.1964, c. 557, § 3. Amended by St.1998, c. 463, § 191.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 2B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 2B. Affidavit in support of application for warrant; contents and form


A person seeking a search warrant shall appear personally before a court or justice authorized to issue search warrants in criminal cases and shall give an affidavit in substantially the form hereinafter prescribed. Such affidavit shall contain the facts, information, and circumstances upon which such person relies to establish sufficient grounds for the issuance of the warrant. The person issuing the warrant shall retain the affidavit and shall deliver it within three days after the issuance of the warrant to the court to which the warrant is returnable. Upon the return of said warrant, the affidavit shall be attached to it and shall be filed therewith, and it shall not be a public document until the warrant is returned.


The affidavit in support of the application for a search warrant shall be in substantially the following form:


THE COMMONWEALTH OF MASSACHUSETTS.


(COUNTY), ss.

(NAME) COURT.

 

............, (insert year).

I, (name of applicant) being duly sworn, depose and say:


1. I am (describe position, assignment, office, etc.)


2. I have information, based upon (describe source, facts indicating reliability of source and nature of information; if based on personal knowledge and belief, so state).


3. Based upon the foregoing reliable information (and upon my personal knowledge) there is probable cause to believe that the property hereinafter described (has been stolen, or is being concealed, etc.) and may be found (in the possession of A.B. or any other person) at premises (identify).


4. The property for which I seek the issuance of a search warrant is the following: (here describe the property as particularly as possible).


Wherefore, I respectfully request that the court issue a warrant and order of seizure, authorizing the search of (identify premises and the persons to be searched) and directing that if such property or evidence or any part thereof be found that it be seized and brought before the court; together with such other and further relief that the court may deem proper.


....................Name.


Then personally appeared the above named .................. and made oath that the foregoing affidavit by him subscribed is true.


Before me this .......... day of .........., (insert year).


Justice or Special Justice, Clerk or Assistant Clerk of the ........ Court.


CREDIT(S)


Added by St.1964, c. 557, § 3. Amended by St.1965, c. 384; St.1998, c. 463, § 192.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 2C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 2C. Manner of issuing warrants; application of Secs. 2, 2A and 2B


Search warrants issued pursuant to section two hundred and thirteen of chapter ninety-four, [FN1]sections twenty and twenty-five of chapter one hundred and ten, section ten of chapter one hundred and thirty, shall be issued in the manner provided in sections two, two A and two B, in so far as they are applicable.


CREDIT(S)


Added by St.1964, c. 557, § 3. Amended by St.1967, c. 802, § 4.


[FN1] Repealed.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 3. Seizure, custody and disposition of articles; exceptions


If an officer in the execution of a search warrant finds property or articles therein described, he shall seize and safely keep them, under the direction of the court or justice, so long as necessary to permit them to be produced or used as evidence in any trial. As soon as may be, thereafter, all property seized under clause First of section one shall be restored to the owners thereof; and all other property seized in execution of a search warrant shall be disposed of as the court or justice orders and may be forfeited and either sold or destroyed, as the public interest requires, in the discretion of the court or justice, except:


(a) Diseased animals or carcasses thereof, or any tainted, diseased, corrupt, decayed or unwholesome meat, fish, vegetables, produce, fruit or provisions of any kind, or the meat of any calf killed when less than two weeks old, or any product thereof kept or concealed with intent to kill, sell or offer the same for sale for food, shall be destroyed or disposed of in accordance with section one hundred and forty-six of chapter ninety-four by the board of health or by an officer designated by the court or justice; and diseased animals found to have been kept or concealed in a particular building, place or enclosure shall be destroyed or disposed of by the division of animal health and department of food and agriculture without compensation to the owners thereof.


(b) Rifles, shotguns, pistols, knives or other dangerous weapons which have been found to have been kept, concealed or used unlawfully or for an unlawful purpose shall be forfeited to the commonwealth and delivered forthwith to the colonel of the state police for destruction or preservation in the discretion of the colonel of the state police.


(c) Money seized under clause Third of section one shall be forfeited and paid over to the state treasurer.


(d) Any property, including money seized under section one, the forfeiture and disposition of which is specified in any general or special law shall be disposed of in accordance therewith.


CREDIT(S)


Amended by St.1934, c. 340, § 15; St.1957, c. 660, § 3; St.1964, c. 557, § 4; St.1965, c. 325; St.1967, c. 347, § 12; St.1971, c. 1071, § 7; St.1975, c. 706, § 302; St.1977, c. 556, § 4; St.1996, c. 151, § 497.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 3A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 3A. Time for return of warrant


Every officer to whom a warrant to search is issued shall return the same to the court by which it was issued as soon as it has been served and in any event not later than seven days from the date of issuance thereof, with a return of his doings thereon; provided, however, that a justice of the superior court may at any time receive complaints and issue search warrants returnable in seven days before a district court named in such warrant and in that event the officer shall make his return to such district court as directed.


CREDIT(S)


Added by St.1934, c. 247. Amended by St.1962, c. 328; St.1964, c. 557, § 5.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 4. Notice before forfeiture of property


Before a decree of forfeiture of property seized under a search warrant is issued, the court or justice shall, unless otherwise expressly provided, issue a notice under seal, signed by the clerk of the court or by the justice, setting forth the substance of the complaint, and commanding the persons, if any, in whose possession the articles were found, and the owner, if alleged, and all other persons who claim an interest therein, to appear at a time and place therein named to show cause why the articles seized should not be forfeited.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 5. Service of notice


The notice shall, not less than fourteen days before the time appointed for trial, be served upon the person, if any, alleged to be the owner of the articles seized, by an officer authorized to serve criminal process, by leaving an attested copy thereof with him personally or at his usual place of abode and by posting an attested copy thereof on the house or building in which the articles were seized, if they were found in a house or building; otherwise, in a public place in the town where they were seized.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 6. Postponement of trial; further notice


If, at the time appointed for the trial, such notice has not been duly served, or if it appears necessary that any of the articles so seized should be kept longer for the purpose of being produced or used as evidence on any trial, or if other sufficient cause appears, the trial may be postponed to another day and place and further notice issued.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 7. Sale or destruction of property seized; disposition of proceeds


If upon trial the property is adjudged forfeited, it shall forthwith be disposed of as provided by law. So much thereof as is ordered to be sold by the court or justice shall be sold by the sheriff and the proceeds paid to the county. All moneys seized shall be paid over forthwith to the state treasurer. The court or justice may order any article not found to have been unlawfully used, kept or concealed or intended for unlawful use, or any article unlawfully used without the knowledge of its owner, lessor or mortgagee to be delivered to the party legally entitled to its possession.


CREDIT(S)


Amended by St.1934, c. 235, § 2; St.1957, c. 660, § 4; St.1964, c. 557, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 8. Appeal; recognizance; jury trial; conformity to criminal cases; disposition of articles


A person aggrieved by a decree of forfeiture of a district court may appeal therefrom to the superior court; but before his appeal is allowed, he shall recognize to the commonwealth in the sum of two hundred dollars, with sufficient surety or sureties, to prosecute his appeal and to pay all such expenses as may thereafter arise, if final judgment is rendered against the articles adjudged forfeited, and to abide the judgment of the superior court thereon; and upon such appeal, any question of fact shall be tried by a jury. All proceedings in the superior court, including the right of exception, shall conform so far as may be to proceedings in criminal cases; and if, upon final judgment, the articles are adjudged forfeited, they shall be disposed of under the direction of the superior court as they might have been disposed of had no appeal been taken.


CREDIT(S)


Amended by St.1959, c. 313, § 20.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 9. Rewards offered by governor; determination of claims


The governor, if he deems the public good so requires, may offer a suitable reward of not more than ten thousand dollars in any one case to be paid by the commonwealth to any person who, in consequence of such offer, apprehends, brings back and secures a person who is convicted of or charged with a felony, who has escaped from prison in the commonwealth, or to any person who, in consequence of such offer, apprehends and secures a person charged with such crime, or for information that shall lead to the arrest and conviction of any person who has committed a felony, if the person cannot be arrested and secured in the common course of proceedings. If more than one claimant applies for the payment of such reward, the governor shall determine to whom it shall be paid, and if to more than one person, in what proportion to each, and his determination shall be final.


CREDIT(S)


Amended by St.1947, c. 359; St.1964, c. 111.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 10. Rewards offered for detecting or securing persons committing certain offenses; determination of claims


The aldermen or the selectmen, if in their opinion the public good so requires, may offer a suitable reward of not more than five hundred dollars in any one case, to be paid by the town to any person who, in consequence of such offer, detects or secures a person who has committed a felony in such place, either before or after he has been charged therewith, and such reward shall be paid by the treasurer upon the warrant of the aldermen or selectmen. If more than one claimant applies for the payment of such reward, the aldermen or selectmen shall determine to whom it shall be paid, and if to more than one person, in what proportion to each, and their determination shall be final.


The aldermen or the selectmen may offer a reward of five hundred dollars for information leading to the arrest and conviction of a person making or circulating or causing to be made or circulated a false alarm of fire.


In a city, the mayor, with the approval of the city council or, in a town, the selectmen, may offer a reward of not more than five thousand dollars, in any one case, to be paid by the town or city to any person who, in consequence of such offer, detects or secures the arrest and conviction of a person who assassinates or attempts to assassinate a police officer employed by such city or town. Such reward shall be paid by the treasurer upon the warrant of the mayor or selectmen. If more than one claimant applies for the payment of such reward, the mayor or selectmen shall determine to whom it shall be paid, and if to more than one person, in what proportion to each, and said determination shall be final.


CREDIT(S)


Amended by St.1971, c. 57; St.1979, c. 728; St.1985, c. 196.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 10A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 10A. Authority of officer of another state to arrest felon


Any member of a duly organized state, county or municipal peace unit of another state of the United States the laws of which contain provisions substantially equivalent to the provisions of this and the following section, who enters this commonwealth in fresh pursuit, and continues herein in such fresh pursuit, of a person in order to arrest him on the ground that he has committed a felony in such other state shall have the same authority to arrest and hold in custody such person as members of a duly organized state, county or municipal peace unit of this commonwealth have to arrest and hold in custody a person on the ground that he has committed a felony in this commonwealth. This section shall not be construed so as to make unlawful any arrest in this commonwealth which would otherwise be lawful.


CREDIT(S)


Added by St.1937, c. 208, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 10B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 10B. Proceedings after arrest


If an arrest is made in this commonwealth by an officer of another state in accordance with the provisions of the preceding section he shall without unnecessary delay take the person arrested before a justice, associate justice or special justice of a court of record in the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If such justice, associate justice or special justice determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of a rendition warrant by the governor of the state from which he fled. If such justice, associate justice or special justice determines that the arrest was unlawful he shall discharge the person arrested.


CREDIT(S)


Added by St.1937, c. 208, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 10C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 10C. Partial invalidity


If any part of sections ten A and ten B is for any reason declared void, it is declared to be the intent of said sections that such invalidity shall not affect the validity of the remaining portions of said sections.


CREDIT(S)


Added by St.1937, c. 208, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 10D


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 10D. Citation of law; uniform construction


Sections ten A to ten C, inclusive, may be cited as the uniform extra-territorial arrest on fresh pursuit law, and shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of the states which enact similar laws.


CREDIT(S)


Added by St.1937, c. 208, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 11. Definitions


Wherever appearing in sections eleven to twenty R, inclusive, the term “governor” includes any person performing the functions of governor by authority of the law of this commonwealth, the term “executive authority” includes the governor, and any person performing the functions of governor, in any other state, the term “surrender” refers to the arresting and delivering up of a person in this commonwealth to the executive authority of another state, and the term “state”, referring to a state other than this commonwealth, refers to any other state or territory, organized or unorganized, of the United States.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 12. Arrest and delivery of accused to executives of another state; governor's authority


Subject to the provisions of sections eleven to twenty R, inclusive, the controlling provisions of the constitution of the United States, and any and all acts of congress enacted in pursuance thereof, the governor may cause to be arrested and delivered up to the executive authority of any other state any person charged in such other state with treason, felony or other crime, or with having been convicted of a crime in such other state and having escaped from confinement or having broken the terms of his bail, probation or parole, who is found in this commonwealth.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 13. Surrendering accused not in demanding state at time of crime or leaving demanding state involuntarily


The governor may also surrender, on demand of the executive authority of any other state, any person in this commonwealth charged in such other state in the manner provided in section fourteen with committing an act in this commonwealth, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, hereafter in this section and in sections fourteen to twenty P, inclusive, referred to as the demanding state, and the provisions of sections eleven to twenty R, inclusive, not otherwise inconsistent shall apply to such cases, even though the accused was not in the demanding state at the time of the commission of the crime.


The governor may surrender, on demand of the executive authority of any other state, any person in this commonwealth charged in the demanding state in the manner provided in section fourteen with having violated its laws, even though such person left such state involuntarily.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 14. Written demand; allegations; accompanying papers; charge of crime; authentication of copies of papers


No demand for the interstate rendition of a person charged with crime in another state shall be recognized by the governor unless it be in writing alleging either that the person demanded was present in the demanding state at the time of the commission of the alleged crime, or that such person committed in this commonwealth or in a third state an act intentionally resulting in a crime in the demanding state, or that such person has escaped from confinement or has broken the terms of his bail, probation or parole, nor unless such demand is accompanied by a copy of an indictment found, or of an information supported by affidavit, in the demanding state, or by a copy of an affidavit made before a magistrate of such state, and by a copy of the warrant which was issued thereon, or by a copy of a judgment of conviction or of a sentence imposed in execution thereof in the demanding state. The indictment or information, or the affidavit made before the magistrate who issued the warrant, shall substantially charge the person demanded with having committed a crime under the law of the demanding state, and the copy of the indictment, information, affidavit, judgment of conviction or sentence shall be authenticated by the executive authority of such state.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 15. Investigation of demand and report to governor


When a demand shall be made upon the governor by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any other prosecuting officer to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 16. Governor's warrant of arrest; recital of facts


If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, sealed with the state seal and directed to an officer authorized to serve warrants in criminal cases or other person whom the governor may think fit to entrust with the execution thereof. Such warrant shall substantially recite the facts necessary to the validity of its issue.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 17


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 17. Arrest and delivery of accused; commanding aid


Such warrant shall authorize the person to whom it is directed to arrest the accused at any time and any place where he may be found within this commonwealth and to command the aid of all officers authorized to serve warrants in criminal cases or other persons in the execution thereof, and to deliver the accused, subject to the provisions of said sections eleven to twenty R, inclusive, to the duly authorized agent of the demanding state.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 18. Authority to command assistance; penalties for refusal


Every such person empowered to make an arrest shall have the same authority, in arresting the accused, to command assistance therein, as officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 19


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 19. Rights of arrested person; habeas corpus; notice; penalty


No person arrested upon such a warrant shall be delivered over to the agent whom the executive authority of the demanding state shall have appointed to receive him unless such person shall first be taken forthwith before a justice or special justice of a court of record of this commonwealth, who shall inform such person of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and, if the prisoner or his counsel shall state that he desires to test the legality of his arrest, such justice or special justice shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the attorney general and to the district attorney for the district in which the arrest is made and for the district in which the accused is in custody, and to said agent of the demanding state.


Any officer who shall deliver to said agent of the demanding state a person in his custody under the warrant of the governor, in wilful disobedience of the provisions of this section, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or both.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20. Confinement of accused; expense; evidence of transportation to demanding state; new requisition


The officer or other person executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner shall have been delivered, may when necessary confine the prisoner in a jail or other place of detention in any county, city or town through which he may pass; and the keeper of such jail or place of detention shall receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his journey, such officer or person being chargeable with the expense of keeping.


The officer or agent of a demanding state to whom a prisoner shall have been delivered following interstate rendition proceedings in another state, or to whom a prisoner shall have been delivered after waiving interstate rendition in another state, and who is passing through this commonwealth with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in a jail or other place of detention in any county, city or town through which he may pass; and the keeper of such jail or other place of detention shall receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his journey, such officer or agent being chargeable with the expense of keeping; provided, that such officer or agent shall produce and show to such keeper satisfactory written evidence that he is actually transporting such prisoner to the demanding state pursuant to a requisition by the executive authority thereof, or that such prisoner has waived interstate rendition. No prisoner being transported pursuant to such a requisition or waiver shall be entitled to demand a new requisition while in this commonwealth.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20A. Warrant to apprehend on oath or affidavit; copies of papers attached


Whenever any person within this commonwealth shall be charged, on the oath of any credible person before any court or justice in this commonwealth authorized to issue warrants in criminal cases, with the commission of any crime in any other state, including cases arising under section thirteen, or with having been convicted in such other state and having escaped from confinement or having broken the terms of his bail, probation or parole, or whenever complaint shall have been made before any such court or justice in this commonwealth setting forth, on the affidavit of any credible person in another state, that a crime has been committed in such other state and that a person has been charged in such state with the commission of a crime, including cases arising under section thirteen, or with having been convicted of a crime in that state and having escaped from confinement or having broken the terms of his bail, probation or parole, and is believed to be in this commonwealth, such court or justice may issue a warrant directed to any officer authorized to serve warrants in criminal cases commanding him to apprehend the person named therein, wherever he may be found in this commonwealth, and bring him before the same or any other such court or justice convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit; and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20B. Arrest without warrant; taking accused before court or justice; complaint


The arrest of a person may be lawfully made also by any officer authorized to serve warrants in criminal cases, without a warrant, upon reasonable information that the accused stands charged in another state with a crime punishable by death or by imprisonment for a term exceeding one year, but when so arrested the accused shall be taken with all practicable speed before a court or justice authorized to issue warrants in criminal cases and complaint shall be made against him under oath setting forth the ground for the arrest as in the preceding section; and thereafter his answer shall be heard as if he had been arrested on a warrant.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20C. Commitment to permit arrest under warrant of governor on requisition


If from the examination before such court or justice it appears that the person held is the person charged with having committed the crime alleged, including cases arising under section thirteen, or is the person charged with having been convicted of a crime and having escaped from confinement or having broken the terms of his bail, probation or parole, such court or justice shall, by a warrant reciting the accusation, commit him to a jail or house of correction for such time, not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor, on a requisition of the executive authority of the state having jurisdiction of the crime, unless the accused gives bail as provided in the following section, or until he shall be legally discharged.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20D


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20D. Bail


Unless the offence with which the person arrested is charged is shown to be an offence punishable by death or life imprisonment under the laws of the state in which it was committed, such court or justice may admit such person to bail by bond or undertaking, with sufficient sureties, and in such sum as such court or justice deems proper, conditioned for his appearance before such court or justice, at a time specified in such bond or undertaking, and for his surrender to be arrested upon the warrant of the governor.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20E


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20E. Discharge; recommitment; bail


If the accused has not been arrested under warrant of the governor at the expiration of the time specified in such warrant, bond or undertaking, such court or justice may discharge him or may recommit him for a further period of sixty days, or may again take bail for his appearance and surrender, as provided in the preceding section, but within a period not to exceed sixty days following the date of such new bond or undertaking.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20F


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20F. Forfeiture of bail


If the accused is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond or undertaking, such court or justice, by proper order, shall declare the bond or undertaking forfeited and order his immediate arrest without warrant if he be within this commonwealth. Recovery may be had on such bonds or undertakings in the name of the commonwealth as in the case of other bonds or undertakings given by persons accused in criminal proceedings within this commonwealth.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20G


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20G. Prosecution pending in commonwealth


If a criminal prosecution has been instituted against such person under the laws of this commonwealth and is still pending, the governor, in his discretion, may either surrender him on the demand of the executive authority of another state, or hold him until the final disposition of such prosecution or, if convicted and sentenced, until his discharge from imprisonment.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20H


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20H. Inquiry into guilt or innocence


The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor, or in any proceeding after the demand for interstate rendition accompanied by a charge of crime in legal form as provided in section fourteen shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20I


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20I. Recall of warrant or issuance of another


The governor, whenever he deems proper, may recall his warrant of arrest or may issue another warrant.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20J


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20J. Waiver of warrant and procedure, etc.


Any person arrested in this commonwealth charged with having committed any crime in another state or with having been convicted in another state and having escaped from confinement or having broken the terms of his bail, probation or parole, may waive the issuance and service of the warrant provided for in sections sixteen and seventeen and all other procedure incidental to interstate rendition proceedings, by executing or subscribing in the presence of any court or justice of this commonwealth authorized to issue warrants in criminal cases a writing which states that he consents to return to the demanding state; provided, that if such waiver shall be executed or subscribed by such person it shall be the duty of such court or justice to inform such person of his rights to the issuance and service of a warrant in interstate rendition and to obtain a writ of habeas corpus as provided in section nineteen. If and when such consent has been duly executed it shall forthwith be forwarded to the office of the governor and filed therein. Such court or justice shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent of the demanding state, and shall deliver or cause to be delivered to such agent a copy of such consent; provided, that nothing in this section shall be deemed to limit the right of the accused person to return voluntarily and without formality to the demanding state, nor shall the foregoing waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this commonwealth.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20K


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20K. Warrant to receive accused and convey him to proper county; proceedings pending in another state


Whenever the governor shall demand a person charged with crime in this commonwealth, or one charged with having been convicted in this commonwealth and having escaped from confinement or having broken the terms of his bail, probation or parole, from the chief executive of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive such demand under the laws of the United States, he may issue a warrant, under the seal of this commonwealth, to some agent, commanding him to receive the person so charged if delivered to him, and convey him to the proper officer of the county in which the crime was committed.


Whenever it is desired to have returned to this commonwealth a person charged herein with a crime, or with having been convicted in this commonwealth and having escaped from confinement or having broken the terms of his bail, probation or parole, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor may agree with the executive authority of such other state for the interstate rendition of such person before the conclusion of such proceedings or of his term of sentence in such other state, upon such conditions relative to the return of such person to such other state at the expense of this commonwealth as may be agreed upon between the governor and the executive authority of such other state.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20L


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20L. Application for requisition


(a) Whenever the return to this commonwealth of a person charged with crime herein is required, the attorney general, or the district attorney for the district in which the crime is alleged to have occurred, shall present to the governor his written application for a requisition for the return of the person charged, in which application there shall be included a statement of the name of the person so charged and the crime charged against him, the approximate time, place and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein, at the time the application is made, and a certificate that, in the opinion of the said attorney general or district attorney, the ends of justice require the arrest and return of the accused to this commonwealth for trial, and that the proceeding is not instituted to enforce a private claim.


(b) Whenever the return to this commonwealth is required of a person who has been convicted of a crime herein and has escaped from confinement or has broken the terms of his bail, probation or parole, the district attorney for the district in which the crime is alleged to have occurred, the parole board or the warden or superintendent of the institution from which escape was made, shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole, and the state in which he is believed to be, including the location of the person therein, at the time the application is made.


(c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or of the complaint made to a court or justice, stating the offence with which the accused is charged, or of the judgment of conviction or of the sentence. The attorney general, district attorney, parole board, warden or superintendent may also attach such further affidavits or other documents in duplicate as he or it may deem proper to be submitted with such application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment or complaint, or of the judgment of conviction or of the sentence shall be filed in the office of the state secretary to remain of record in that office. The other copies of all such papers shall be forwarded with the requisition of the governor.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20M


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20M. Payment of agent's expenses


If the application for a requisition for the return to this commonwealth of a person charged with crime herein, or for the return of a person who has been convicted of a crime herein and has escaped from confinement or has broken the terms of his bail, probation or parole, is complied with and an agent appointed, the account of such agent shall be paid like other expenses in criminal cases by the commonwealth.


CREDIT(S)


Added by St.1937, c. 304, § 1. Amended by St.1978, c. 478, § 284.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20N


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20N. Service of process in civil action on accused; immunity


A person brought into this commonwealth on, or after waiver of, interstate rendition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been returned, until he has been convicted or acquitted in the criminal proceeding, and, if acquitted, until he has had reasonable opportunity to return to the state from which he was brought by interstate rendition proceedings or upon waiver thereof.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20O


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20O. Trying for other crimes; immunity


After a person has been brought into this commonwealth by interstate rendition proceedings or upon waiver thereof he may be tried herein for other crimes which he may be charged with having committed herein, as well as that specified in the requisition for his interstate rendition or in the waiver thereof.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20P


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20P. Waiver by commonwealth


Nothing in sections eleven to twenty O, inclusive, shall be deemed to constitute a waiver by this commonwealth of its right, power or privilege to try any person demanded of it for a crime committed herein, or of its right, power or privilege to regain custody of such a person by interstate rendition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed herein, nor shall any proceeding under said sections which result in, or fail to result in, interstate rendition be deemed a waiver by this commonwealth of any of its rights, privileges or jurisdiction in any way whatsoever.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20Q


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20Q. Partial validity


If any part of sections eleven to twenty P, inclusive, is for any reason declared void, such invalidity shall not affect the validity of the remaining portions of said sections.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 20R


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 20R. Citation of law; uniform construction


Sections eleven to twenty R, inclusive, may be cited as the uniform criminal interstate rendition law, and shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states enacting similar laws.


CREDIT(S)


Added by St.1937, c. 304, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 21


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 21. Justices may issue process


Justices of the supreme judicial, superior or district courts, may issue process for the apprehension of persons charged with crime and to carry into effect sections twenty-two to eighty-two, inclusive.


CREDIT(S)


Amended by St.1953, c. 319, § 32.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 22


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 22. Warrants, procedure for issuance


Upon complaint made to any justice that a crime has been committed, he shall examine on oath the complainant and any witnesses produced by him, reduce the complaint to writing, and cause it to be subscribed by the complainant, and, if it appears that a crime has been committed, shall issue a summons or warrant in compliance with the provisions of the Massachusetts Rules of Criminal Procedure.


CREDIT(S)


Amended by St.1959, c. 313, § 21; St.1979, c. 344, § 20.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 23


Effective: December 8, 2005


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 23. Service of warrants and other processes


Warrants and other processes issued for the apprehension of persons charged with crime and child support warrants issued pursuant to section 34A of chapter 215 may be directed to and served in any part of the commonwealth by an officer authorized to serve criminal process in any county. Such officer may command aid and exercise the same authority as if in his own county.


CREDIT(S)


Amended by St.2005, c. 163, § 55, eff. Dec. 8, 2005.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 23A


Effective: November 4, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 23A. Warrant management system


Whenever a court is requested to issue a warrant, the requesting authority shall provide to the court the person's name, last known address, date of birth, gender, race, height, weight, hair and eye color, the offense or offenses for which the warrant is requested, a designation of the offense or offenses as felonies or misdemeanors, any known aliases and any such information as shall be required for a warrant to be accepted by the criminal justice information system maintained by the department of criminal justice information services. A warrant which contains the above information as provided by the individual for whom the warrant is being issued shall not be nullified if such information is later found to be inaccurate. An individual or law enforcement official seeking issuance of a warrant which does not contain all of the above required fields may apply to the clerk of the court for an exemption from this requirement. Such exemption shall be automatically granted upon the request of any law enforcement official or agency. No rights regarding the validity of a warrant may arise from such requirements not being met. Such information and the name of the police department responsible for serving the warrant shall be entered by the clerk's office into a computer system to be known as the warrant management system. All warrants appearing in the warrant management system shall be accessible through the criminal justice information system, maintained by the department of criminal justice information services to law enforcement agencies and the registry of motor vehicles. The warrant shall consist of sufficient information electronically appearing in the warrant management system, and a printout of the electronic warrant from the criminal justice information system shall constitute a true copy of the warrant. Such warrants appearing electronically in the warrant management system and, in turn, in the criminal justice information system, shall constitute notice and delivery of said warrants to the police department responsible for serving the warrant. Whenever a warrant is recalled or removed, the clerk's office shall, without any unnecessary delay, enter the same in the warrant management system which entry shall be electronically transmitted to the criminal justice information system.


No law enforcement officer, who in the performance of his duties relies in good faith on the warrant appearing in the warrant management system and, in turn, the criminal justice information system, shall be liable in any criminal prosecution or civil action alleging false arrest, false imprisonment, or malicious prosecution or arrest by false pretense.


The issuing court shall provide notification, either before the issuance of a default or arrest warrant or no later than 30 days after the issuance of the warrant, to the subject of the warrant. Such notice shall contain the following information: the name and address of the issuing court, a description of the charge for which the warrant is being issued, a description of the method by which the individual may clear the warrant and a summary of the consequences the individual may face for not responding to the warrant. Such notice shall be deemed satisfactory if notice is mailed to the address stated on the warrant.


CREDIT(S)


Added by St.1994, c. 60, § 175. Amended by St.1994, c. 247, § 3; St.1997, c. 19, § 120; St.2000, c. 166, §§ 14, 15; St.2010, c. 256, § 123, eff. Nov. 4, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 23B


Effective: November 4, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 23B. Annual list of persons registered with licensing authorities; department of criminal justice information services; outstanding warrants; notification of license suspension; hearing


(a) Any agency, department, commission, division or authority of the commonwealth that issues a professional license, certificate, permit or authorization to engage in a profession, trade, or business shall ensure that such license, certificate, permit or authorization is suspended for a person who has a default or arrest warrant outstanding against him.


(b) In order to determine if a person has an outstanding warrant against him, the licensing authorities referenced in subsection (a) shall transmit to the department of criminal justice information services in an electronic format and reporting schedule approved by the executive director of the department of criminal justice information services a list of persons who are registered with such licensing authorities on an annual basis. The department of criminal justice information services shall, subject to appropriation, remit to each licensing authority a list of persons who have received a license, certificate, permit or authorization to engage in a profession, trade, or business against whom there is an outstanding default or arrest warrant issued by any court of the commonwealth. Evidence of the outstanding default or arrest warrant appearing in the warrant management system as established by section 23A shall be sufficient grounds for such suspension.


(c) Each licensing authority shall notify persons against whom there is a default or arrest warrant outstanding that their license, certificate, permit or authorization shall be suspended unless the person furnishes proof within 30 days that such warrant has been recalled or that there is no such warrant outstanding against the person. Such notification shall be deemed sufficient if the notice is mailed to the address listed on the license, certificate, permit or authorization or application for the license, certificate, permit or authorization. If no such proof is furnished within 30 days, the person shall be notified that such license, certificate, permit or authorization is suspended subject to the opportunity for a hearing. After such notice to the person has been delivered or mailed by the licensing authority, the person may request a hearing within 90 days with respect to the existence of an outstanding warrant. If a hearing is requested within ten days from the time the notice that the license, certificate, permit or authorization is suspended is mailed or delivered, the license, certificate, permit or authorization shall not be suspended until a finding following the hearing. If a hearing is requested as provided for in this chapter, the law enforcement agency responsible for the warrant shall be notified of the time, place, date of hearing and the subject of the warrant. An affidavit from the law enforcement agency responsible for the warrant or from the colonel of the state police may be introduced as prima facie evidence of the existence of a warrant without the need for members of that law enforcement agency to attend any hearings held under this section. The licensing authority shall issue a finding within 45 days of conducting the hearing as to the existence of a warrant. If there is a warrant outstanding, the license, certificate, permit or authorization shall be suspended. Said license shall not be renewed or reinstated without sufficient proof that the warrant has been cleared.


(d) For the purposes of this section, a professional license shall mean any license, permit, certificate, registration, authority or similar form of permission necessary to engage in a trade or profession issued by an agency, department, commission, division or authority of the commonwealth.


(e) The licensing authorities referenced in this section shall promulgate regulations to implement this section. Implementation of this section shall be subject to appropriation.


CREDIT(S)


Added by St.2000, c. 166, § 16. Amended by St.2010, c. 256, § 124, eff. Nov. 4, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 24


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 24. Summons instead of warrant


Upon a complaint or indictment for any offense, a summons shall issue instead of a warrant, unless, in the judgment of the court or justice, there is reason to believe that the defendant will not appear upon summons.


CREDIT(S)


Amended by St.1973, c. 566; St.1979, c. 344, § 21.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 25


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 25. Summons fixing time for trial; service


A summons shall require the defendant to appear before the court at a stated time and place on the return day and shall be served by an officer authorized to serve criminal process by giving to the defendant in hand or by leaving at his dwelling house or last and usual place of abode with some person of suitable age and discretion then residing therein an attested copy not less than twenty-four hours before the return day, or by mailing an attested copy to the defendant's last known address.


CREDIT(S)


Amended by St.1967, c. 338; St.1968, c. 698; St.1979, c. 344, § 22.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 26


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 26. Failure to appear and abide orders as contempt


If a defendant so summoned fails, without reasonable cause, to appear and abide the orders of the court or justice, he shall be considered in contempt of court, and may be punished by a fine of not more than twenty dollars. A warrant, if necessary, may be issued at any time after the issue of such summons, whether it has been served or not.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 27


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 27. Recognizance


If a defendant so summoned duly appears, he may be ordered to recognize for his further appearance but shall not be required to give surety upon his recognizance at any stage of the prosecution without a special order.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 28


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 28. Arrest without warrant


Any officer authorized to serve criminal process may arrest, without a warrant, and detain a person found in the act of stealing property in the presence of the officer regardless of the value of the property stolen and may arrest, without a warrant, and detain a person whom the officer has probable cause to believe has committed a misdemeanor by violating a temporary or permanent vacate, restraining, suspension and surrender,, or no-contact order or judgment issued pursuant to section eighteen, thirty-four B or thirty-four C of chapter two hundred and eight, section three, three B, three C, four or five of chapter two hundred and nine A, section thirty-two of chapter two hundred and nine, or section fifteen or twenty of chapter two hundred and nine C. Said officer may arrest, without a warrant, and detain a person whom the officer has probable cause to believe has committed a misdemeanor involving abuse as defined in section one of chapter two hundred and nine A or has committed an assault and battery in violation of section thirteen A of chapter two hundred and sixty-five against a family or household member as defined in section one of chapter two hundred and nine A. Said officer may arrest and detain a person charged with a misdemeanor, without having a warrant for such arrest in his possession, if the officer making such arrest and detention shall have actual knowledge that a warrant then in full force and effect for the arrest of such person has in fact issued.


CREDIT(S)


Amended by St.1949, c. 184; St.1978, c. 447, § 4; St.1983, c. 678, § 7; St.1990, c. 403, § 13; St.1994, c. 351; St.1996, c. 298, §§ 13, 14.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 29


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 29. Outstanding warrant check prior to release on bail or recognizance


Before a court releases, discharges or admits to bail any person brought before said court, in any criminal matter, the court shall first check the warrant management system to determine whether any warrant has been issued against the person in any jurisdiction of the commonwealth. If the warrant management system indicates that any warrant is outstanding, said court shall, if the outstanding offense is bailable pursuant to section fifty-seven, fifty-eight or fifty-eight A of this chapter, make a determination of bail as provided by said sections for each outstanding warrant.


If such person is released on bail or recognizance for an outstanding warrant, said court shall confer with the court that issued the outstanding warrant and, based thereon, specify in the warrant management system the date on which the person must appear before the issuing court and so notify the person. If such person is not released on bail or recognizance for an outstanding warrant, the person shall be transported by an officer, or in accordance with section twenty-four of chapter thirty-seven, or in accordance with any other law of the commonwealth, to the court that issued the warrant, or if the issuing court is not in session, to the jail in the county of the issuing court, and thereafter, to the next regular sitting of the court that issued the warrant.


A person arrested on a default warrant for a felony or a misdemeanor punishable by imprisonment for more than one hundred days may be released on bail or recognizance only by a justice of the court having jurisdiction over the place where the person was arrested or is being held, or by a justice of the court that issued the warrant.


No person authorized to admit to bail, including but not limited to judges or court personnel, and no sheriff or police officer shall release a person from custody before he determines by checking the warrant management system whether any warrant is outstanding in the commonwealth against said person; provided, however, that no person authorized to admit to bail, including but not limited to judges or court personnel, and no sheriff or police officer, who in the performance of his duties acts in good faith, shall be liable in any criminal prosecution or civil action where a person is released from custody before determining by checking the warrant management system whether a warrant is outstanding against said person in the commonwealth.


If a warrant is outstanding for a felony charge, or a misdemeanor punishable by imprisonment for more than one hundred days, the person being held shall be brought before the court having jurisdiction over the place where the person is held, or to the court that issued the warrant, and a justice, clerk or assistant clerk of said court shall make a determination of bail as provided in the first and second paragraphs of this section.


If a warrant is outstanding for a misdemeanor punishable by imprisonment for one hundred days or less, the person may be released on bail or recognizance by a person authorized to admit to bail. Such person authorized to admit to bail shall, without unnecessary delay, provide the clerk of the court that issued the warrant with notice of the fact that the person was admitted to bail. If the person held on such misdemeanor warrant is not released, the person shall be brought before the next session of the court having jurisdiction over the place where the person is held, or to the court that issued the warrant, and such court shall make a determination of bail as provided in the first and second paragraphs of this section.


CREDIT(S)


Amended by St.1994, c. 247, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 30


Effective: November 2, 2000


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 30. Recall of default warrant; arrest


Notwithstanding any law, rule or regulation to the contrary, whenever a default warrant, issued in any jurisdiction in the commonwealth against any person, is recalled by a court, the court shall assess a fee of fifty dollars against the person in payment of the costs of recalling the warrant, except that upon a finding of good cause by the court the fee may be waived.


Any person arrested on a warrant issued because such person has forfeited or defaulted on his bail bond or recognizance or has been surrendered by a probation officer shall be required by the court to pay a fee of $75 payable to the city or town in which such arrest was effected, unless the judge finds that such person is indigent, in which case such person shall be required to perform one day of community service, unless the judge further finds that such person is physically or mentally unable to perform such service.


CREDIT(S)


Amended by St.1994, c. 247, § 4; St.2000, c. 166, § 17.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 31


Effective: November 2, 2000


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 31. Default warrants issued due to failure to pay fines, assessments, court costs, restitution, support payments, etc. to be noted in warrant management system


Whenever a court issues a default warrant solely due to the person's failure to pay a fine, assessment, court cost, restitution, support payment or other amount as ordered by the court or required by law, the court shall specify the amount owed, including an additional assessment of $50 which assessment may be waived by the court upon a finding of good cause, with a statement that the warrant against the person may be discharged upon payment of the amount and the assessment, if any, and shall note the same in the warrant management system. The administrative office of the trial court shall accept payment of such fine, assessment, court cost, restitution, support payment or other amount as ordered by the court, along with any assessment, to be remitted by mail, telephone or other electronic means, in any form deemed acceptable by the trial court. Upon receipt of payment, the warrant against the person shall be discharged, the discharge shall be noted in the warrant management system and the individual shall receive notice of the discharge within seven days.


CREDIT(S)


Amended by St.1994, c. 247, § 4; St.2000, c. 166, § 18.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 32


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 32. Payment; release from custody


Whenever a person, brought before a court, against whom an outstanding warrant was issued, solely due to the failure of the person brought before the court to pay a fine assessment, court cost, restitution, support payment, or other amount, the court may accept payment of such amount and assess an additional fifty dollars which assessment may be waived by the court upon a finding of good cause and if the person is not being held on other process, the court may direct that the person be released from custody and shall notify the jurisdiction in which the warrant was issued of the payment and the assessment, if any. Upon notice of the release the court that issued the warrant shall recall the warrant and cause such information to be entered in the warrant management system.


CREDIT(S)


Amended by St.1994, c. 247, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 33


Effective: July 1, 2003


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 33. Examination of arrested persons for injuries; reports; penalty


Whenever a person is arrested for a crime and is taken to or confined in a jail, police station or lockup, the officer in charge thereof shall immediately examine the prisoner, and if he finds any bruises, cuts or other injuries shall forthwith make a written report thereof to the chief of police of the town concerned, or in Boston to the police commissioner, and in towns where there is no chief of police to the selectmen. The requirement that the prisoner be examined shall not be deemed to compel the removal of clothing. When a person is transferred from one place of confinement to another prior to his arraignment in court or to his release, the requirement that he shall be examined shall apply only to the place to which he is first taken after his arrest. Whoever violates this section shall be punished by a fine of not more than ten dollars.


CREDIT(S)


Amended by St.2003, c. 26, § 509, eff. July 1, 2003.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 33A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 33A. Use of telephone in places of detention


The police official in charge of the station or other place of detention having a telephone wherein a person is held in custody, shall permit the use of the telephone, at the expense of the arrested person, for the purpose of allowing the arrested person to communicate with his family or friends, or to arrange for release on bail, or to engage the services of an attorney. Any such person shall be informed forthwith upon his arrival at such station or place of detention, of his right to so use the telephone, and such use shall be permitted within one hour thereafter.


CREDIT(S)


Added by St.1945, c. 205. Amended by St.1946, c. 277; St.1958, c. 113; St.1960, c. 269; St.1963, c. 212.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 34


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 34. Repealed, 1979, 344, Sec. 23



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 35


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 35. Adjournments of examinations and trials


The court or justice may adjourn an examination or trial from time to time, and to the same or a different place in the county. In the meantime, if the defendant is charged with a crime that is not bailable, he shall be committed; otherwise, he may recognize in a sum and with surety or sureties to the satisfaction of the court or justice, or without surety, for his appearance for such examination or trial, or for want of such recognizance he shall be committed. While the defendant remains committed, no adjournment shall exceed thirty days at any one time against the objection of the defendant.


CREDIT(S)


Amended by St.1991, c. 138, § 268; St.1992, c. 23, § 22; St.1996, c. 211.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 36


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 36. Failure to appear; subsequent proceedings


If the recognizor does not appear according to his recognizance, the court or justice may issue process to bring him into court for trial. After his failure so to appear, the court or justice may at any time order his default recorded; but it may be removed for good cause at any time to which the case may be continued. If such default is not removed, the recognizance shall be certified with a record of such default to the superior court, and like proceedings shall be had thereon as upon a breach of the condition of a recognizance for appearance before said superior court, except in cases where bank books, bonds or money have been deposited at the time of the recognizance.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 37


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 37. Failure to recognize; subsequent proceedings


If the defendant fails to recognize, he may be committed to jail by an order stating concisely that he is committed for further examination on a future day to be named in the order, and on the day named he may be brought before the court or justice by a verbal order to the officer who made the commitment, or by a written order to a different person.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 37A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 37A. Assignment of counsel


If a person is charged with a capital crime and brought before a district court for the initial appearance, the superior court may assign counsel upon his petition and upon certification of the charge to the superior court by the clerk of the district court. The examination shall thereupon be continued until the assignment of counsel has been made, and certification thereof received by the clerk of the district court, or until the petition for assignment of counsel has been otherwise disposed of. Upon a determination that a person accused of murder in the first or second degree is indigent, the chief counsel of the committee for public counsel services, or his designee, may assign the case to either the public counsel division or the private counsel division.


CREDIT(S)


Added by St.1932, c. 180, § 43. Amended by St.1959, c. 313, § 23; St.1978, c. 478, § 285; St.1979, c. 344, § 24; St.1987, c. 380.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 38


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 38. Examination; assistance of counsel; waiver of indictment


The court or justice before whom a person is taken upon a charge of crime shall, as soon as may be, examine on oath the complainant and the witnesses for the prosecution, in the presence of the defendant, relative to any material matter connected with such charge. After the testimony to support the prosecution, the witnesses for the prisoner, if any, shall be examined on oath, and he may be assisted by counsel in such examination and in the cross examination of the witnesses in support of the prosecution. Nothing contained herein shall be construed to prohibit the enforcement of the waiver provisions of Rule 3 of the Massachusetts Rules of Criminal Procedure. A defendant charged with an offense as to which he has the right to be proceeded against by indictment may elect a probable cause hearing in accordance with Rule 3 of the Massachusetts Rules of Criminal Procedure, but in such event shall be deemed to have waived his right to be proceeded against by indictment.


CREDIT(S)


Amended by St.1985, c. 256.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 39


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 39. Repealed, 1979, 344, Sec. 25



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 40


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 40. Testimony reduced to writing; signing by witnesses


The testimony of the witnesses examined shall be reduced to writing by, or under the direction of, the court or justice, if he considers it necessary, and shall, if required by him, be signed by the witnesses.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 41


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 41. Discharge of prisoner


If it appears, upon the whole examination, that no crime has been committed or that there is not probable cause for charging the prisoner therewith, he shall be discharged.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 42


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 42. Bail or commitment


If it appears that a crime has been committed and that there is probable cause to believe the prisoner guilty, the court or justice shall, if final jurisdiction is not exercised, admit the prisoner to bail, if the crime is bailable and sufficient bail is offered; otherwise, except as provided for in section sixteen of chapter one hundred and twenty-five, such prisoner shall be committed to jail for trial.


CREDIT(S)


Amended by St.1989, c. 664, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 42A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 42A. Personal recognizance; terms and conditions to protect persons suffering physical abuse


Whenever a court issues a criminal complaint and the crime involves assault and battery, trespass, threat to commit a crime, nonsupport, or any other complaint which involves the infliction, or the imminent threat of infliction, of physical harm upon a person by such person's family or household member as defined in section one of chapter two hundred and nine A, the court may, in lieu of or in addition to any terms of personal recognizance, and after a hearing and finding, impose such terms as will insure the safety of the person allegedly suffering the physical abuse or threat thereof, and will prevent its recurrence.


Such terms and conditions shall include reasonable restrictions on the travel, association or place of abode of the defendant as will prevent such person from contact with the person abused.


As part of the disposition of any criminal complaint, the court may establish such terms and conditions of probation as will insure the safety of the person who has suffered such abuse or threat thereof, and will prevent the recurrence of such abuse or threat thereof.


Such terms and conditions shall include reasonable restrictions on the travel, association or place of abode of the defendant as will prevent such person from all contact with the person abused; or the payment by the defendant to the person abused of monetary compensation for losses suffered as a direct result of the crime. Compensatory loss shall include, but not be limited to, loss of earnings or support, out-of-pocket losses for injuries sustained, moving expenses and reasonable attorneys fees.


In addition, the terms and conditions of either the probation or the disposition of the complaint may include, but not be limited to, referral of the defendant to a clinic, facility or professional for one or more examinations, diagnoses, counseling or treatment; requiring the defendant to report periodically to a probation officer; or release of the defendant to the custody of a residential treatment facility.


CREDIT(S)


Added by St.1978, c. 447, § 5.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 43


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 43. Conveying prisoner through another county


If the journey from the town where the prisoner is held to the town where he is to be committed on the service of a mittimus can be made by railroad, the officer may convey the prisoner through any portion of another county in the prosecution of such journey.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 44


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 44. Fees and expenses in district court in record sent to superior court


If the defendant is held to appear before the superior court, the copies and record of proceedings sent to the superior court shall contain the details of all fees and expenses allowed or paid in the district court.


CREDIT(S)


Amended by St.1959, c. 313, § 24.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 45


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 45. Witnesses bound by recognizance


If the prisoner is admitted to bail or is committed, the court or justice shall bind by recognizance the material witnesses against the prisoner to appear and testify at the next sitting of the court having jurisdiction of the crime and in which the prisoner is held to answer.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 46


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 46. Witnesses bound by recognizance on adjournment


If the examination or trial of a defendant charged with a felony is adjourned under section thirty-five, the court or justice may bind by recognizance the principal witnesses against the prisoner to appear and testify at the time and place to which the trial or examination is adjourned.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 47


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 47. Sureties with recognizance


The court, if satisfied that there is good cause to believe that a witness will not perform the condition of his recognizance unless other security is given, may order the witness to enter into a recognizance with such sureties as the court deems necessary for his appearance at court; provided that the witness shall be entitled to be present and to be represented by counsel at a hearing before the court, at which hearing the witness shall be entitled to be heard on the issue of the alleged materiality of his testimony, and on the issue of recognizance with or without surety.


CREDIT(S)


Amended by St.1967, c. 380.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 48


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 48. Recognizances for minor witnesses


If a minor is a material witness, any other person may be allowed to recognize for his appearance; or, in the discretion of the court or justice, he may recognize in a sum not exceeding fifty dollars, which shall be valid and binding in law, notwithstanding his minority.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 49


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 49. Commitment of witnesses; discharge upon recognizance


A witness who, when required, refuses to recognize, either with or without sureties, shall, except as provided in the following section, be committed to jail until he complies with such order or is otherwise discharged; but if the court or justice finds that the witness, unless he is the prosecutor or an accomplice, is unable to procure sureties when so ordered, he shall, except in cases of felony, be discharged upon his own recognizance. Upon a complaint or indictment for a felony, against a defendant not in custody, a material witness committed for failure to furnish sureties upon his own recognizance may be held in custody for a reasonable time, pending the pursuit and apprehension of the defendant.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 50


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 50. Repealed, 1979, 344, Sec. 25



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 51


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 51. Release of committed witnesses; proceedings


If a witness has been committed because of his inability to furnish sureties for his appearance before the superior court, the jailer shall forthwith give notice to the chief justice of the superior court, who shall direct the district attorney to inquire as to the importance of his testimony and the necessity for detaining him in jail, and the district attorney, if in his opinion the public interest will not suffer by the release of the witness on his own recognizance, shall so report to the chief justice, who may thereupon order the witness to be released upon his own recognizance.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 52


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 52. Rules regulating treatment of committed witnesses; removal to another county


The commissioner of correction shall from time to time make such rules relative to the diet, size of cells, amount of liberty and exercise, correspondence, visits and such other matters as he considers necessary regulating the treatment of witnesses held in jail as will secure their clear distinction and separation from other prisoners so far as possible, consistent with their safe custody and the prevention of tampering with their testimony. Said commissioner may, with the approval of the district attorney, remove such witnesses from the jail where they are confined to a jail in another county, and shall, at the request of the district attorney, cause them to be returned to the jail whence they were removed. The proceedings for such removal shall be the same as for the removal of prisoners from one jail or house of correction to another. The cost of support of a witness so removed and of both removals shall be paid by the county whence he is removed.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 52A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 52A. Removal of accused person to another county or to a correctional institution; return; proceedings; costs


Persons held in jail for trial may, with the approval of the district attorney, and shall, by order of a justice of the superior court, be removed by the commissioner of correction to a jail in another county, and said commissioner shall, at the request of the district attorney, cause them to be returned to the jail whence they were removed. In addition, such persons, if they have been previously incarcerated in a correctional institution of the commonwealth under sentence for a felony, may, with the approval of the district attorney, be removed by the commissioner of correction to a correctional institution of the commonwealth, and said commissioner shall, at the request of the district attorney, cause them to be returned to the jail where they were awaiting trial. The proceedings for such removals shall be the same as for the removal of prisoners from one jail or house of correction to another. The cost of support of a person so removed and of the removals shall be paid by the county whence he is originally removed.


CREDIT(S)


Added by St.1943, c. 131. Amended by St.1971, c. 592, § 1; St.1973, c. 514.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 53


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 53. Transporting male and female prisoners


An officer who, having the custody or control of prisoners, causes or permits male and female prisoners to be transported together to or from a court in a vehicle, in a city of more than thirty thousand inhabitants according to the latest census, shall be punished by a fine of not more than twenty dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 54


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 54. Handcuffing committed witnesses to accused persons; transporting together


An officer who, having the custody of a witness committed because of his failure to furnish sureties, causes or permits him to be handcuffed to a person, held in custody, charged with or sentenced for crime, or to be transported within a city to or from any court or prison in a vehicle with such person, shall be punished by a fine of not more than twenty dollars.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 55


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 55. Discharge upon acknowledgment of satisfaction for injury


If a person committed to jail is under indictment or complaint for, or is under recognizance to answer to, a charge of assault and battery or other misdemeanor for which he is liable in a civil action, unless the offence was committed by or upon a sheriff or other officer of justice, or riotously, or with intent to commit a felony, and the person injured appears before the court or justice who made the commitment or took the recognizance, or before which the indictment or complaint is pending, and acknowledges in writing that he has received satisfaction for the injury, the court or justice may in its or his discretion, upon payment of such expenses as it or he shall order, discharge the recognizance or supersede the commitment, or discharge the defendant from the indictment or complaint, and may also discharge all recognizances and supersede the commitment of all witnesses in the case.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 56


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 56. Filing of order; delivery to jail keeper; discharge as bar to civil action


Such order discharging the recognizance, indictment or complaint of the person or the recognizance of witnesses shall be filed in the office of the clerk before the sitting of the court at which they are bound to appear; and such order superseding the commitment of the person charged or of a witness shall be delivered to the keeper of the jail where he is confined, who shall forthwith discharge him; and such order, so filed and delivered, shall forever bar a civil action for such injury.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 57


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 57. Officials authorized to admit to bail; amount of bail; security


A justice of the supreme judicial or superior court, a clerk of courts or the clerk of the superior court for criminal business in the county of Suffolk, a standing or special commissioner appointed by either of said courts or, in the county of Suffolk, by the sheriff of said county with the approval of the superior court, a justice or clerk of a district court, a master in chancery, upon application of a prisoner or witness held under arrest or committed, either with or without a warrant, or held in the custody of an officer under a mittimus, may inquire into the case and admit such prisoner or witness to bail if he determines that such release will reasonably assure the appearance of the person before the court and will not endanger the safety of any other person or the community; and may admit to bail any person committed for not finding sureties to recognize for him. All persons authorized to take bail under this section shall be governed by the rules established by the supreme judicial or superior court. No person offering himself as surety shall be deemed to be insufficient if he deposits money of an amount equal to the amount of the bail required of him in such recognizance, or a bank book of a savings bank, credit union or of a savings account in a trust company or national bank, or a passbook or paid-up shares of a co-operative bank doing business in the commonwealth, properly assigned to the clerk with whom the same is or is to be deposited, and his successors, and satisfactory to the person so authorized to take bail, or deposits non-registered bonds of the United States or of the commonwealth or of any county, city or town within the commonwealth equal at their face value to the amount of the bail required of him in such recognizance. The sheriff of Suffolk county may, with the approval of the superior court, appoint standing or special commissioners to take bail to a number not exceeding twenty and may, with like approval, remove them.


Notwithstanding the foregoing, a person arrested and charged with a violation of an order or judgment issued pursuant to section eighteen, thirty-four B or thirty-four C of chapter two hundred and eight, section thirty-two of chapter two hundred and nine, section three, four or five of chapter two hundred and nine A, or section fifteen or twenty of chapter two hundred and nine C, or arrested and charged with a misdemeanor or felony involving abuse as defined in section one of said chapter two hundred and nine A while an order of protection issued under said chapter two hundred and nine A was in effect against said person, shall not be released out of court by a clerk of courts, clerk of a district court, bail commissioner or master in chancery.


Before the amount of bail of a prisoner charged with an offence punishable by imprisonment for more than one year is fixed in court, the court shall obtain from its probation officer all available information relative to prior criminal prosecutions, if any, of the prisoner and the disposition of each of such prosecutions. If the offence with which such a prisoner is charged is a violation of any provision of sections twenty-two to twenty-four, inclusive, of chapter two hundred and sixty-five or section thirty-four or thirty-five of chapter two hundred and seventy-two, and it appears from such information or otherwise that he had been previously prosecuted for a violation of any such provision, the court shall, before the amount of bail is fixed, obtain from the department of mental health a report containing all information in its possession relative to the prisoner, particularly with respect to any mental disease or defect with which he may have been afflicted; and said department shall furnish any such report to the court promptly upon its request.


No person arrested for violating any provision of section thirty-three or thirty-five of chapter fifty-six shall be admitted to bail unless there is deposited not less than five hundred dollars in cash, or there is offered real estate of the fair market value of not less than one thousand dollars, over and above all encumbrances, as security.


CREDIT(S)


Amended by St.1939, c. 299, § 4; St.1943, c. 330; St.1945, c. 235; St.1953, c. 319, § 33; St.1964, c. 67; St.1965, c. 280; St.1992, c. 201, §§ 1, 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 58


Effective: March 30, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 58. Release on personal recognizance or unsecured appearance bond; determination; fees; refusal; petition for review


A justice or a clerk or assistant clerk of the district court, a bail commissioner or master in chancery, in accordance with the applicable provisions of section fifty-seven, shall, when a person is held under arrest or committed either with or without a warrant for an offense other than an offense punishable by death, or, upon the motion of the commonwealth, for an offense enumerated in section fifty-eight A or for any offense on which a warrant of arrest has been issued by the superior court, hold a hearing in which the defendant and his counsel, if any, may participate and inquire into the case and shall admit such person to bail on his personal recognizance without surety unless said justice, clerk or assistant clerk, bail commissioner or master in chancery determines, in the exercise of his discretion, that such a release will not reasonably assure the appearance of the person before the court. In his determination under this section as to whether release will reasonably assure the appearance of the person before the court, said justice, clerk or assistant clerk, bail commissioner or master in chancery shall, on the basis of any information which he can reasonably obtain, take into account the nature and circumstances of the offense charged, the potential penalty the person faces, the person's family ties, financial resources, employment record and history of mental illness, his reputation and the length of residence in the community, his record of convictions, if any, any illegal drug distribution or present drug dependency, any flight to avoid prosecution or fraudulent use of an alias or false identification, any failure to appear at any court proceeding to answer to an offense, whether the person is on bail pending adjudication of a prior charge, whether the acts alleged involve abuse as defined in section one of chapter two hundred and nine A, or violation of a temporary or permanent order issued pursuant to sections eighteen or thirty-four B of chapter two hundred and eight, section thirty-two of chapter two hundred and nine, sections three, four or five of chapter two hundred and nine A, or sections fifteen or twenty of chapter two hundred and nine C, whether the person has any history of orders issued against him pursuant to the aforesaid sections, whether he is on probation, parole, or other release pending completion of sentence for any conviction, and whether he is on release pending sentence or appeal for any conviction. The person authorized to admit the person to bail shall provide as an explicit condition of release for any person admitted to bail pursuant to this section or section fifty-seven that, should said person be charged with a crime during the period of his release, his bail may be revoked in accordance with the third paragraph of this section. If the justice or clerk or assistant clerk of the district court, the bail commissioner or master in chancery determines that a cash bail is required, the person shall be allowed to provide an equivalent amount in a surety company bond. If the justice or clerk or assistant clerk of the district court, the bail commissioner or master in chancery determines it to be necessary, the defendant may be ordered to abide by specified restrictions on personal associations or conduct including, but not limited to, avoiding all contact with an alleged victim of the crime and any potential witness or witnesses who may testify concerning the offense, as a condition of release.


A person, before being released on personal recognizance without surety, shall be informed by the person authorized to admit such person to bail of the penalties provided by section eighty-two A if he fails without sufficient excuse to appear at the specified time and place in accordance with the terms of his recognizance. A person authorized to take bail may charge the fees authorized by section twenty-four of chapter two hundred and sixty-two, if he goes to the place of detention of the person to make a determination provided for in this section although said person is released on his personal recognizance without surety. Said fees shall not be charged by any clerk or assistant clerk of a district court during regular working hours.


A person aforesaid charged with an offense and not released on his personal recognizance without surety by a clerk or assistant clerk of the district court, a bail commissioner or master in chancery shall forthwith be brought before the next session of the district court for a review of the order to recognize in accordance with the standards set forth in the first paragraph of this section. The court shall provide as an explicit condition of release for any person admitted to bail pursuant to this section or section fifty-seven that should said person be charged with a crime during the period of his release, his bail may be revoked in accordance with this paragraph and the court shall enter in writing on the court docket that the person was so informed and the docket shall constitute prima facie evidence that the person was so informed. If a person is on release pending the adjudication of a prior charge, and the court before which the person is charged with committing a subsequent offense after a hearing at which the person shall have the right to be represented by counsel, finds probable cause to believe that the person has committed a crime during said period of release, the court shall then determine, in the exercise of its discretion, whether the release of said person will seriously endanger any person or the community. In making said determination, the court shall consider the gravity, nature and circumstances of the offenses charged, the person's record of convictions, if any, and whether said charges or convictions are for offenses involving the use or threat of physical force or violence against any person, whether the person is on probation, parole or other release pending completion of sentence for any conviction, whether he is on release pending sentence or appeal for any conviction, the person's mental condition, and any illegal drug distribution or present drug dependency. If the court determines that the release of said person will seriously endanger any person or the community and that the detention of the person is necessary to reasonably assure the safety of any person or the community, the court may revoke bail on the prior charge and may order said person held without bail pending the adjudication of said prior charge, for a period not to exceed sixty days. The hearing shall be held upon the person's first appearance before the court before which the person is charged with committing an offense while on release pending adjudication of a prior charge, unless that person, or the attorney for the commonwealth, seeks and the court allows, a continuance because a witness or document is not immediately available. Except for good cause, a continuance on motion of the person shall not exceed seven days and on motion of the attorney for the commonwealth may not exceed three business days. During such continuance, the person may be detained consistent with the provisions of this section. Said order shall state in writing the reasons therefor and shall be reviewed by the court upon the acquittal of the person, or the dismissal of, any of the cases involved. A person so held shall be brought to trial as soon as reasonably possible. A person aggrieved by the denial of a district court justice to admit him to bail on his personal recognizance without surety may petition the superior court for a review of the order of the recognizance and the justice of the district court shall thereupon immediately notify such person of his right to file a petition for review in the superior court. When a petition for review is filed in the district court or with the detaining authority subsequent to petitioner's district court appearance, the clerk of the district court or the detaining authority, as the case may be, shall immediately notify by telephone, the clerk and probation officer of the district court, the district attorney for the district in which the district court is located, the prosecuting officer, the petitioner's counsel, if any, and the clerk of courts of the county to which the petition is to be transmitted. The clerk of the district court, upon the filing of a petition for review, either in the district court or with the detaining authority, shall forthwith transmit the petition for review, a copy of the complaint and of the record of the court, including the appearance of the attorney, if any is entered, and a summary of the court's reasons for denying the release of the defendant on his personal recognizance without surety to the superior court for the county in which the district court is located, if a justice thereof is then sitting, or to the superior court of the nearest county in which a justice is then sitting; the probation officer of the district court shall transmit forthwith to the probation officer of the superior court, copies of all records of the probation office of said district court pertaining to the petitioner, including the petitioner's record of prior convictions, if any, as currently verified by inquiry of the commissioner of probation. The district court or the detaining authority, as the case may be, shall cause any petitioner in its custody to be brought before the said superior court on the same day the petition shall have been filed, unless the district court or the detaining authority shall determine that such appearance and hearing on the petition cannot practically take place before the adjournment of the sitting of said superior court for that day and in which event, the petitioner shall be caused to be brought before said court for such hearing during the morning of the next business day of the sitting of said superior court. The district court is authorized to order any officer authorized to execute criminal process to transfer the petitioner and any papers herein above described from the district court or the detaining authority to the superior court, and to coordinate the transfer of the petitioner and the papers by such officer. The petition for review shall constitute authority in the person or officer having custody of the petitioner to transport the petitioner to said superior court without the issuance of any writ or other legal process, provided, however, that any district or superior court is authorized to issue a writ of habeas corpus for the appearance forthwith of the petitioner before the superior court.


The superior court shall in accordance with the standards set forth in the first paragraph of this section, hear the petition for review as speedily as practicable and except for unusual circumstances, on the same day the petition is filed; provided, however, that the court may continue the hearing to the next business day if the required records and other necessary information are not available. The justice of the superior court may, after a hearing on the petition for review, order that the petitioner be released on bail on his personal recognizance without surety, or, in his discretion, to reasonably assure the effective administration of justice, make any other order of bail or recognizance or remand the petitioner in accordance with the terms of the process by which he was ordered committed by the district court.


If a defendant has posted bail in the district court and has subsequently been arraigned in the superior court for the same offense, the superior court clerk shall notify the district court clerk holding the defendant's bail of such arraignment. Upon such notification, the amount of any bail bond posted by a defendant in the district court shall be carried over to a bail bond required by the superior court. The superior court justices' discretion in setting the amount of bail shall not be affected by the provisions of this paragraph.


Except where the defendant has defaulted on his recognizance or has been surrendered by a probation officer, an order of bail or recognizance shall not be revoked, revised or amended by the district court, because the defendant has been bound over to the superior court; provided, however, that if any court, in its discretion, finds that changed circumstances or other factors not previously known or considered, make the order of bail or recognizance ineffective to reasonably assure the appearance of said defendant before the court, the court may make a further order of bail, either by increasing the amount of the recognizance or requiring sufficient surety or both, which order will not revoke the order of bail or recognizance previously in force and effect. The court may also review such changed circumstances or other factors not previously known or considered in accordance with the third paragraph of this section.


The chief justice of the district court department and the chief justice of the Boston municipal court department shall prescribe forms for use in their respective courts, for the purpose of notifying a defendant of his right to file a petition for review in the superior court, forms for a petition for review and forms for the implementation of any other procedural requirements. The clerk of courts shall forthwith notify the district court of all orders or judgments of the superior court on petitions for review. Costs or expenses of services and transportation under this section shall be ordered paid in the amount determined by the superior court out of the state treasury.


For an offense enumerated in section fifty-eight A, and upon the motion of an attorney for the commonwealth for an order of pretrial detention or imposition of conditions of release based on dangerousness, a justice of the district or superior court shall hold a hearing pursuant to the provisions of subsection (4) of said section fifty-eight A and shall admit such person to bail on his personal recognizance without surety or subject to conditions of release unless said justice, determines, in the exercise of his discretion, that such release will endanger the safety of any other person or the community.


CREDIT(S)


Amended by St.1970, c. 499, § 1; St.1971, c. 473, § 1; St.1978, c. 478, § 286; St.1981, c. 802, §§ 1 to 4; St.1982, c. 179; St.1992, c. 201, §§ 3 to 5; St.1992, c. 379, § 186; St.1994, c. 68, §§ 1 to 5; St.1995, c. 39, § 13; St.2006, c. 48, § 8, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 58A


Effective: November 4, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 58A. Conditions for release of persons accused of certain offenses involving physical force or abuse; hearing; order; review


(1) The commonwealth may move, based on dangerousness, for an order of pretrial detention or release on conditions for a felony offense that has as an element of the offense the use, attempted use or threatened use of physical force against the person of another or any other felony that, by its nature, involves a substantial risk that physical force against the person of another may result, including the crimes of burglary and arson whether or not a person has been placed at risk thereof, or a violation of an order pursuant to section 18, 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209 A or section 15 or 20 of chapter 209C, or arrested and charged with a misdemeanor or felony involving abuse as defined in section 1 of said chapter 209A or while an order of protection issued under said chapter 209A was in effect against such person, an offense for which a mandatory minimum term of 3 years or more is prescribed in chapter 94C, arrested and charged with a violation of section 13B of chapter 268 or a third or subsequent conviction for a violation of section 24 of chapter 90, or arrested and charged with a violation of paragraph (a), (c) or (m) of section 10 of chapter 269; provided, however, that the commonwealth may not move for an order of detention under this section based on possession of a large capacity feeding device without simultaneous possession of a large capacity weapon; or arrested and charged with a violation of section 10G of said chapter 269.


(2) Upon the appearance before a superior court or district court judge of an individual charged with an offense listed in subsection (1) and upon the motion of the commonwealth, the judicial officer shall hold a hearing pursuant to subsection (4) issue an order that, pending trial, the individual shall either be released on personal recognizance without surety; released on conditions of release as set forth herein; or detained under subsection (3).


If the judicial officer determines that personal recognizance will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community, such judicial officer shall order the pretrial release of the person--


(A) subject to the condition that the person not commit a federal, state or local crime during the period of release; and


(B) subject to the least restrictive further condition, or combination of conditions, that such judicial officer determines will reasonably assure the appearance of the person as required and the safety of any other person and the community that the person--


(i) remain in the custody of a designated person, who agrees to assume supervision and to report any violation of a release condition to the court, if the designated person is able reasonably to assure the judicial officer that the person will appear as required and will not pose a danger to the safety of any other person or the community;


(ii) maintain employment, or, if unemployed, actively seek employment;


(iii) maintain or commence an educational program;


(iv) abide by specified restrictions on personal associations, place of abode or travel;


(v) avoid all contact with an alleged victim of the crime and with any potential witness or witnesses who may testify concerning the offense;


(vi) report on a regular basis to a designated law enforcement agency, pretrial service agency, or other agency;


(vii) comply with a specified curfew;


(viii) refrain from possessing a firearm, destructive device, or other dangerous weapon;


(ix) refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, without a prescription by a licensed medical practitioner;


(x) undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency and remain in a specified institution if required for that purpose;


(xi) execute an agreement to forfeit upon failing to appear as required, property of a sufficient unencumbered value, including money, as is reasonably necessary to assure the appearance of the person as required, and shall provide the court with proof of ownership and the value of the property along with information regarding existing encumbrances as the judicial officer may require;


(xii) execute a bail bond with solvent sureties; who will execute an agreement to forfeit in such amount as is reasonably necessary to assure appearance of the person as required and shall provide the court with information regarding the value of the assets and liabilities of the surety if other than an approved surety and the nature and extent of encumbrances against the surety's property; such surety shall have a net worth which shall have sufficient unencumbered value to pay the amount of the bail bond;


(xiii) return to custody for specified hours following release for employment, schooling, or other limited purposes; and


(xiv) satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community.


The judicial officer may not impose a financial condition that results in the pretrial detention of the person.


The judicial officer may at any time amend the order to impose additional or different conditions of release.


(3) If, after a hearing pursuant to the provisions of subsection (4), the district or superior court justice finds by clear and convincing evidence that no conditions of release will reasonably assure the safety of any other person or the community, said justice shall order the detention of the person prior to trial. A person detained under this subsection shall be brought to a trial as soon as reasonably possible, but in absence of good cause, the person so held shall not be detained for a period exceeding ninety days excluding any period of delay as defined in Massachusetts Rules of Criminal Procedure Rule 36(b)(2). A justice may not impose a financial condition under this section that results in the pretrial detention of the person. Nothing in this section shall be interpreted as limiting the imposition of a financial condition upon the person to reasonably assure his appearance before the courts.


(4) When a person is held under arrest for an offense listed in subsection (1) and upon a motion by the commonwealth, the judge shall hold a hearing to determine whether conditions of release will reasonably assure the safety of any other person or the community.


The hearing shall be held immediately upon the person's first appearance before the court unless that person, or the attorney for the commonwealth, seeks a continuance. Except for good cause, a continuance on motion of the person may not exceed seven days, and a continuance on motion of the attorney for the commonwealth may not exceed three business days. During a continuance, the individual shall be detained upon a showing that there existed probable cause to arrest the person. At the hearing, such person shall have the right to be represented by counsel, and, if financially unable to retain adequate representation, to have counsel appointed. The person shall be afforded an opportunity to testify, to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information. The rules concerning admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at the hearing. The facts the judge uses to support findings pursuant to subsection (3), that no conditions will reasonably assure the safety of any other person or the community, shall be supported by clear and convincing evidence. In a detention order issued pursuant to the provisions of said subsection (3) the judge shall (a) include written findings of fact and a written statement of the reasons for the detention; (b) direct that the person be committed to custody or confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentence or being held in custody pending appeal; and (c) direct that the person be afforded reasonable opportunity for private consultation with his counsel. The person may be detained pending completion of the hearing. The hearing may be reopened before or after a determination by the justice, at any time before trial if the justice finds that information exists that was not known at the time of the hearing and that has a material bearing on the issue and whether there are conditions of release that will reasonably assure the safety of any other person and the community.


(5) In his determination as to whether there are conditions of release that will reasonably assure the safety of any other individual or the community, said justice, shall, on the basis of any information which he can reasonably obtain, take into account the nature and seriousness of the danger posed to any person or the community that would result by the person's release, the nature and circumstances of the offense charged, the potential penalty the person faces, the person's family ties, employment record and history of mental illness, his reputation, the risk that the person will obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror, his record of convictions, if any, any illegal drug distribution or present drug dependency, whether the person is on bail pending adjudication of a prior charge, whether the acts alleged involve abuse as defined in section one of chapter two hundred and nine A, or violation of a temporary or permanent order issued pursuant to section eighteen or thirty-four B of chapter two hundred and eight, section thirty-two of chapter two hundred and nine, sections three, four or five of chapter two hundred and nine A, or sections fifteen or twenty of chapter two hundred and nine C, whether the person has any history of orders issued against him pursuant to the aforesaid sections, whether he is on probation, parole or other release pending completion of sentence for any conviction and whether he is on release pending sentence or appeal for any conviction.


(6) Nothing in this section shall be construed as modifying or limiting the presumption of innocence.


(7) A person aggrieved by the denial of a district court justice to admit him to bail on his personal recognizance with or without surety may petition the superior court for a review of the order of the recognizance and the justice of the district court shall thereupon immediately notify such person of his right to file a petition for review in the superior court. When a petition for review is filed in the district court or with the detaining authority subsequent to petitioner's district court appearance, the clerk of the district court or the detaining authority, as the case may be, shall immediately notify by telephone, the clerk and probation officer of the district court, the district attorney for the district in which the district court is located, the prosecuting officer, the petitioner's counsel, if any, and the clerk of courts of the county to which the petition is to be transmitted. The clerk of the district court, upon the filing of a petition for review, either in the district court or with the detaining authority, shall forthwith transmit the petition for review, a copy of the complaint and the record of the court, including the appearance of the attorney, if any is entered, and a summary of the court's reasons for denying the release of the defendant on his personal recognizance with or without surety to the superior court for the county in which the district court is located, if a justice thereof is then sitting, or to the superior court of the nearest county in which a justice is then sitting; the probation officer of the district court shall transmit forthwith to the probation officer of the superior court, copies of all records of the probation office of said district court pertaining to the petitioner, including the petitioner's record of prior convictions, if any, as currently verified by inquiry of the commissioner of probation. The district court or the detaining authority, as the case may be, shall cause any petitioner in its custody to be brought before the said superior court within two business days of the petition having been filed. The district court is authorized to order any officer authorized to execute criminal process to transfer the petitioner and any papers herein above described from the district court or the detaining authority to the superior court, and to coordinate the transfer of the petitioner and the papers by such officer. The petition for review shall constitute authority in the person or officer having custody of the petitioner to transport the petitioner to said superior court without the issuance of any writ or other legal process; provided, however, that any district or superior court is authorized to issue a writ of habeas corpus for the appearance forthwith of the petitioner before the superior court.


The superior court shall in accordance with the standards set forth in section fifty-eight A, hear the petition for review under section fifty-eight A as speedily as practicable and in any event within five business days of the filing of the petition. The justice of the superior court hearing the review may consider the record below which the commonwealth and the person may supplement. The justice of the superior court may, after a hearing on the petition for review, order that the petitioner be released on bail on his personal recognizance without surety, or, in his discretion, to reasonably assure the effective administration of justice, make any other order of bail or recognizance or remand the petitioner in accordance with the terms of the process by which he was ordered committed by the district court.


CREDIT(S)


Added by St.1994, c. 68, § 6. Amended by St.1995, c. 39, § 13; St.1996, c. 393, § 5; St.2010, c. 256, § 125, eff. Nov. 4, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 58B


Effective: March 30, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 58B. Revocation of release and detention order following violation of release conditions


A person who has been released after a hearing pursuant to section 58 or section 58A and who has violated a condition of his release, shall be subject to a revocation of release and an order of detention. The judicial officer shall enter an order of revocation and detention if after a hearing the judicial officer finds (1) that there is probable cause to believe that the person has committed a federal or state crime while on release, or clear and convincing evidence that the person has violated any other condition of release; and (2) the judicial officer finds that there are no conditions of release that will reasonably assure the person will not pose a danger to the safety of any other person or the community; or the person is unlikely to abide by any condition or combination of conditions of release.


If there is probable cause to believe that, while on release, the person committed a federal felony or an offense described in clause (1), a rebuttable presumption arises that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community. If the judicial officer finds that there are conditions of release that will assure that the person will not pose a danger to the safety of any other person or the community, and that the person will abide by such conditions, the judicial officer shall treat the person in accordance with the provisions of this section and may amend the conditions of release accordingly. Upon the person's first appearance before the judicial officer in the court which will conduct proceedings for revocation of an order of release under this section, the hearing concerning revocation shall be held immediately unless that person or the attorney for the commonwealth seeks a continuance. During a continuance the person shall be detained without bail unless the judicial officer finds that there are conditions of release that will reasonably assure that the person will not pose a danger to the safety of any other person or the community and that the person will abide by conditions of release. If the person is detained without bail, except for good cause, a continuance on motion of the person shall not exceed seven days, a continuance on motion of the attorney for the commonwealth or probation shall not exceed three business days. A person detained under this subsection, shall be brought to trial as soon as reasonably possible, but in the absence of good cause, a person so held shall not be detained for a period exceeding ninety days excluding any period of delay as defined in Massachusetts Rules of Criminal Procedure Rule 36(b)(2).


CREDIT(S)


Added by St.1994, c. 68, § 6. Amended by St.1995, c. 39, § 13; St.2006, c. 48, § 9, eff. Mar. 30, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 59


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 59. Admission to bail by master in chancery


After a person is committed to jail to await the action of the grand jury, he shall not be admitted to bail by a master in chancery who does not reside or have a usual place of business within the county where the jail is situated, except upon proof that written notice of the proposed application has been duly served upon the district attorney, or one of the assistant district attorneys, for the district, at least twenty-four hours before a hearing on the application, specifying the name of the person, the crime with which he is charged, the time and place of hearing, and the name, occupation and residence of the proposed sureties, or upon proof that the district attorney, or one of the assistant district attorneys, for the district has waived notice of the hearing on such proposed application.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 60


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 60. Bail in Suffolk county; proceedings


After a conviction or a plea of guilty or of nolo contendere in the superior court in Suffolk county, the prisoner shall not be admitted to bail except in open court; but when said court is not in session, bail may be taken by any judge of a court of record or by any commissioner appointed under section fifty-seven, upon proof that written notice of the proposed application has been duly served upon the district attorney, or one of the assistant district attorneys for the Suffolk district, at least twenty-four hours before the hearing of such application, specifying the name of the prisoner, the crime of which he has been convicted, the time and place of hearing, and the name, occupation and residence of the proposed sureties. No person who has been once offered and rejected as surety shall afterward be accepted as surety for the same person in the same case.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 61


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 61. Bail taken out of court; certificate or recognizance and deposit by surety; presence of persons; monthly statements by person taking bail


If bail is taken out of court, the person authorized to admit to bail in criminal cases shall cause a certificate to be signed and sworn to by each surety, which shall contain his name, his residence, including the name of the street and number, if any, of the dwelling house thereon, his occupation and place of business, a statement of the nature, location, purchase price, assessed value and fair market value of his property, and of the encumbrances, if any, thereon, the amount of his indebtedness, the amount and number of other bonds or recognizances on which he is or may be liable and all other matters pertinent to the amount and value of such property, each and all of which statements shall be deemed to be material statements in prosecutions for perjury, and shall return such certificate or certificates and a proper recognizance to the proper court. A surety may, instead of making such certificate, give his personal recognizance as surety and deposit money, bonds or a properly assigned bank book of the kind and in the amount and under the conditions set forth in section fifty-seven for making deposit of like nature. A person authorized to take bail shall take such bail in the presence of the person to be bailed and the surety or sureties, except as otherwise provided in section one hundred and five of chapter one hundred and seventy-five.


On the second Monday of each calendar month, every person taking bail out of court shall transmit to the chief justice of the superior court a written statement, setting forth each separate occasion, as defined in section sixty-one B, on which each bail or surety was accepted as aforesaid during the preceding calendar month, the name and address of each bail or surety, the date of such acceptance, the name of the defendant or defendants, the offense or offenses charged, and the court before which the defendant was required to appear.


CREDIT(S)


Amended by St.1959, c. 313, § 25.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 61A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 61A. Disposition or encumbrance of real estate of bail or surety; violation of section


Whenever a person becomes bail or surety in a criminal case and has offered real estate as his qualification for his acceptance as such bail or surety, and subsequently and while the case in which he has qualified as bail or surety is pending, desires to dispose of or encumber such real estate, he shall in writing notify the court in which the case is then pending of his desire, and shall, unless expressly authorized by the court to continue as such bail or surety, terminate his liability as such bail or surety before he disposes of or encumbers such real estate. Any person violating any provision of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than one year, or both. Nothing in this section shall in any wise affect the title to such real estate.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 61B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 61B. Bond of professional bondsman; arrest bond certificates; conditions of acceptance; regulation


No person proposing to become bail or surety in a criminal case for hire or reward, either received or to be received, shall be accepted as such unless he shall have been approved and registered as a professional bondsman by the superior court or a justice thereof. No person proposing to become bail or surety in a criminal case in any calendar year after having become bail or surety in criminal cases on five separate occasions in said year shall be accepted thereafter during said year as bail or surety unless he shall have been approved and registered as a professional bondsman as aforesaid. A person who has been accepted as bail or surety, contrary to the provisions of this section, shall nevertheless be liable on his obligation as such bail or surety. Such approval and registration may be revoked at any time by such court or a justice thereof, and shall be revoked in case such a bondsman fails for thirty days after demand to satisfy in full a judgment recovered under section seventy-four or a new judgment entered on review under section seventy-six. The district attorney or prosecuting officer obtaining any such judgment which is not satisfied in full as aforesaid shall, forthwith upon the expiration of such period of thirty days, notify in writing the chief justice of such court. All professional bondsmen shall be governed by rules which shall be established from time to time by the superior court. Any unregistered person receiving hire or reward for his services as bail or surety in any criminal case, and any unregistered person becoming bail or surety in any criminal case in any calendar year after having become bail or surety in criminal cases on five separate occasions in said year, and any professional bondsman violating any provision of the rules established hereunder for such bondsmen, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. The provisions of this section shall not apply to probation officers.


A guaranteed arrest bond certificate presented by the person whose signature appears thereon shall be accepted in lieu of cash or a bail bond in an amount not to exceed five hundred dollars to guarantee the appearance of such person in any court of the commonwealth, at the time required by such court, when such person is arrested for violation of any law or of any ordinance or by-law of any municipality therein relating to the operation of a motor vehicle. A guaranteed arrest bond certificate so presented in lieu of a bail bond is subject to the same forfeiture and enforcement provisions as a bail bond or cash bail. Such guaranteed arrest bond certificate may only be used where the alleged violation is committed prior to the expiration date shown thereon. A guaranteed arrest bond certificate may not be accepted when a person is arrested for the offense of driving under the influence of intoxicating liquor or of drugs or narcotics. As used in this section, “guaranteed arrest bond certificate” shall mean a printed card or other certificate issued by a licensed automobile association or travel club to any of its members, which is signed by the member and contains a printed statement that such automobile association or travel club and a surety company licensed to do business shall, in the event of the failure of such person to appear in court at the time set for appearance, pay any fine or forfeiture imposed upon such person in an amount not to exceed five hundred dollars.


Whenever a domestic or foreign company licensed to do a surety business in the commonwealth becomes surety in an amount not to exceed five hundred dollars with respect to any guaranteed arrest bond certificates issued in such year by an automobile association or travel club by filing with the office of bail administration an undertaking to become surety, such undertaking shall state: (1) The name and address of the automobile or travel club or association with respect to guaranteed arrest bond certificates of which the surety company undertakes to be surety; (2) The unqualified obligation of the surety company to pay the fine or forfeiture in an amount not to exceed five hundred dollars of any person who, after posting a guaranteed arrest bond certificate with respect to which the surety company has undertaken to be surety, fails to make the appearance for which the guaranteed arrest bond certificate was posted. Such undertaking shall be filed with the office of bail administration ten days prior to its effective date. If such undertaking is terminated, the office of bail administration shall be notified as promptly as possible but not later than the effective date of such termination.


Any such licensed automobile association, travel club or association and any licensed surety company, and its attorneys-in-fact, guaranteeing arrest bond certificates for members of such automobile association, travel club, or association with respect to motor vehicle violations hereunder, pursuant to the provisions of this section, shall not be required to obtain any additional license and compliance herewith shall be deemed to be in lieu of any such additional licensing.


A person shall be deemed to have become bail or surety on a separate occasion within the meaning of this section if he becomes such: (1) for a person in respect to a single offense; or (2) for a person in respect to two or more offenses wherefor he at one and the same time offers bail or surety, or in respect to two or more offenses committed at the same time or arising out of the same transaction or course of conduct wherefor he at different times offers bail or surety; or (3) for two or more persons at the same time offering bail or surety in respect to offenses committed jointly or in common course of conduct. Becoming bail or surety for the same person or persons in subsequent proceedings in connection with prosecution for the same offense or offenses shall not be deemed an additional occasion or occasions.


CREDIT(S)


Amended by St.1972, c. 294; St.1977, c. 786; St.1984, c. 94, §§ 1, 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 62


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 62. Notice to district attorney of application to accept bail in Suffolk county


If application is made to a person authorized to take bail in criminal cases in Suffolk county to accept bail out of court in a case in which no amount has been fixed, he shall, if the crime charged is not within the jurisdiction of the municipal court of the city of Boston, before fixing bail, cause notice of such application to be given to the district attorney or one of the assistant district attorneys for the Suffolk district, if any of said attorneys is at the time within said district.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 63


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 63. Compensation for taking bail


No justice of any court, except a special justice of a district court, shall receive any fee or compensation for taking and approving bail in criminal cases, and no person authorized to admit to bail in criminal cases shall receive from any source in connection with the admitting to bail anything of value in excess of the statutory fees therefor. No person shall act as attorney in any case in which he has admitted a prisoner or witness to bail.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 64


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 64. Admission to bail on Sunday


Persons held in custody or committed upon a criminal charge, if entitled to be released upon bail, may, in the discretion of the magistrate, be admitted to bail on Sunday.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 65


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 65. Condition of recognizance


The condition of a recognizance of a person, either with or without surety, binding him to appear before a court or justice to answer to a charge against him or to prosecute an appeal shall be so framed as to bind him personally to appear at the time so expressed, and at any subsequent time to which the case may be continued, unless previously surrendered or discharged, and so from time to time, until the final decree, sentence or order of the court or justice thereon, and to abide such final sentence, order or decree, and not depart without leave. The condition of a recognizance of a person held to answer to a charge before a district court shall be further so framed as to bind him to appear before the district court to answer to the charge or to answer to any indictment which may be returned against him. The superior court shall by rule provide for the forms of recognizances and bail bonds. A recognizance of a person held to answer to a complaint before a district court which is required by law to sit in more than one municipality may, with his consent or at his request, be conditioned for his appearance at the next sitting of the court at any one of said municipalities.


CREDIT(S)


Amended by St.1970, c. 499, § 2; St.1971, c. 473, § 2; St.1978, c. 478, § 287; St.1992, c. 379, § 187.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 66


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 66. Return of recognizance and examination taken by magistrate; order compelling; contempt


A recognizance and examination taken by a magistrate under this chapter shall be certified and returned by him to the district attorney or to the clerk of the court before which the person charged is bound to appear, on or before the first day of the sitting thereof; and if he refuses or neglects to return the same, he may be compelled to do so forthwith by order of court, and, in case of disobedience, may be proceeded against as for contempt.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 67


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 67. Repealed, 1994, 247, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 68


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 68. Surrender of principal; notice; exoneration of bail; return of deposits; subsequent bail


Bail in criminal cases may be exonerated at any time before default upon their recognizance by surrendering their principal into court or to the jailer in the county where the principal is held to appear, or by such voluntary surrender by the principal himself, and in either event, in all cases where bank books, money or bonds are deposited by the surety, the court shall thereupon order the bank books, money or bonds so deposited to be returned to the surety or his order, and to be reassigned to the person entitled thereto. They shall deliver to the jailer their principal, with a certified copy of the recognizance, and he shall be received and detained by the jailer, but may again be bailed in the same manner as if committed for not finding sureties to recognize for him, provided that the surety making the surrender shall not be accepted as bail if the person surrendered shall again be bailed. The jailer shall forthwith notify the clerk or justice of the court where the proceeding is pending of such surrender.


CREDIT(S)


Amended by St.1962, c. 356; St.1964, c. 316; St.1970, c. 499, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 69


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 69. Surrender of principal after default; remission of penalty


Bail may surrender their principal at any time after default made upon the recognizance, or the principal may surrender himself, in the manner provided in the preceding section; and the court where the default is recorded may, upon application, remit the whole or any part of the penalty, if satisfied that the default of the principal was not with the connivance or consent of the bail.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 70


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 70. Inability to surrender principal; exoneration of bail


If, by the act of God, of the government of the United States, of any state or by sentence of law, bail are unable without their fault to surrender their principal, they shall, upon motion before final judgment on scire facias, be exonerated and discharged by the court, with or without costs as the court deems equitable.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 71


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 71. Default on recognizance


If a person under recognizance to appear and answer or to prosecute an appeal in a criminal case fails to appear according to his recognizance, and if a person under recognizance to testify in a criminal prosecution fails to perform the condition of his recognizance, his default shall be recorded, his obligation and that of his sureties forfeited, and process issued against them or such of them as the prosecuting officer directs; but in such suit no costs shall be taxed for travel. No such process shall issue in cases where bank books, bonds or money have been deposited at the time of such recognizance.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 72


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 72. Surety paying amount for which bound; costs


A surety in such recognizance may, by leave of the court, after default, and either before or after process has been issued against him, pay to the county treasurer or clerk of the court the amount for which he was bound as surety, with such costs as the court shall direct, and shall be thereupon forever discharged.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 73


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 73. Award of portion of penalty to person entitled to forfeiture


If, in a suit on a recognizance to prosecute an appeal, the penalty is adjudged forfeited, or if by leave of court such penalty has been paid without suit or before judgment as provided in the preceding section, and any forfeiture accrues by law to a person by reason of the crime of which the appellant was convicted, the court may award to such person the portion of the amount paid to which he is entitled.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 74


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 74. Judgment for whole or part of penalty


If the penalty of a recognizance of a party or witness in a criminal prosecution is adjudged forfeited, the court may render judgment, upon such terms as it may order, against the principal or surety, or both, for the whole of the penalty with interest, or, in its discretion, for a part thereof, upon the filing in the case of a certificate of the district attorney or prosecuting officer stating that the interests of justice would be furthered thereby and setting forth specifically the reasons therefor; and no person shall, on behalf of the commonwealth, accept in satisfaction of any such judgment or any new judgment entered on review under section seventy-six any sum less than the full amount thereof.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 75


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 75. Neglect, omissions or defects as defeating action


Such action shall not be barred or defeated, nor shall judgment be arrested, by reason of neglect or omission to note or record the default of any principal or surety at the time when it happens, nor by reason of a defect in the form of the recognizance, if it sufficiently appears from the tenor thereof at what court the party or witness was bound to appear, and that the court or magistrate before whom it was taken was authorized to require and take such recognizance.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 76


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 76. Review and rehearing of case after judgment on recognizance


A court which has rendered judgment on a recognizance may, upon petition of any person interested, stating the ground relied upon and filed in said court, grant a review and a rehearing of the case, upon the surrender or recaption of the prisoner who was released, or for any sufficient cause which has occurred or been ascertained by the person interested after the rendition of such judgment, or at such time as not to have afforded opportunity for presenting the same in evidence.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 77


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 77. Service of notice and copy of petition; return day


Notice of the petition and a copy thereof shall be given to or served upon the district attorney for the county where the petition is pending fourteen days at least before the return day expressed therein, and such notice shall be returnable on the first Monday of the first or second month after the filing of the petition.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 78


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 78. Proceedings if former judgment diminished, etc.; costs


If the court finds that a part of the judgment has been actually paid to or for the commonwealth upon the recognizance or judgment and orders the judgment to be reversed or entered for a less amount than has been so actually paid, it may order the amount of the difference between the payment and the new judgment to be repaid to the person who made the payment or to his legal representatives. The state treasurer shall, upon presentation of a copy of the order certified by the clerk of the court, make said repayment. If, upon such petition, the review is not granted or the original judgment is not altered, the court may award reasonable costs against the petitioner.


CREDIT(S)


Amended by St.1978, c. 478, § 288.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 79


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 79. Personal recognizance and deposit instead of sureties for release from custody


A person held in custody or committed upon a criminal charge, if entitled to be released on bail, or a person held in custody or committed as a witness to a crime, may, instead of giving surety or sureties, at any time give his personal recognizance to appear before the court and deposit the amount of the bail which he is ordered to furnish, or bonds or a properly assigned bank book, of the kind and in the amount and under the conditions set forth in section fifty-seven for making deposit of like nature, with the court, clerk of the court or magistrate authorized to take such recognizance, who shall give him a certificate thereof, and upon delivering said certificate to the officer in whose custody he is, shall be released. The court or magistrate shall forthwith, upon receipt of such amount, deposit it with the clerk of the court.


CREDIT(S)


Amended by St.1959, c. 313, § 26.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 80


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 80. Forfeiture of deposit on default; sale of bonds; collection on bank books; payments to state treasurer


At any time after default of the defendant, the court may order forfeited the money, bonds or bank books deposited at the time of the recognizance and the court or clerk of the court with whom the deposit was made shall thereupon pay to the state treasurer any money so deposited. The clerk of the court shall immediately proceed to sell any bonds so deposited either at public or private sale, and shall forthwith pay the proceeds thereof, after deducting all expenses connected with such sale, to the state treasurer and if bank books are so deposited, the said clerk shall collect the amount of bail from the depository, and pay the same, less the expense of collection, to the state treasurer.


CREDIT(S)


Amended by St.1959, c. 313, § 27; St.1978, c. 478, § 289; St.1996, c. 450, § 253.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 81


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 81. Defendant surrendering self; return of deposit


The defendant may surrender himself at any time before a default, in the same manner as sureties in criminal cases may surrender their principal, and the court shall thereupon order the bank books to be reassigned and the money or bonds so deposited to be returned to the person in whose name the deposit is made or to his order. At any time after default, on the surrender or recaption of the defendant, the court may order the whole or any part of the money so deposited or of the bonds, or of the amount of the net proceeds of the sale of said bonds, or the bank books, or the whole or any part of the amount collected from the depository thereunder, to be returned to the person in whose name the deposit is made or to his order. If the amount realized by sale or collection pursuant to the preceding section exceeds the amount of the recognizance, the court shall, on an application made at any time, order such excess to be returned to the party found by the court to be entitled thereto. The foregoing provisions shall apply to cases in which forfeiture has been ordered.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 82


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 82. Magistrates authorized to admit prisoners to bail


The term “magistrate”, in any section of the statutes which provides for admitting persons to bail in criminal cases, shall be construed to include a bail commissioner or special magistrate, so far as to give him authority to admit prisoners to bail.


CREDIT(S)


Amended by St.1979, c. 344, § 26.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 82A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 82A. Failure to appear in court after release on bail or recognizance; penalty


A person who is released by court order or other lawful authority on bail or recognizance on condition that he will appear personally at a specified time and place and who fails without sufficient excuse to so appear shall be punished by a fine of not more than ten thousand dollars or by imprisonment in a house of correction for not more than one year, or both, in the case of a misdemeanor, and by a fine of not more than fifty thousand dollars and imprisonment in a state prison for not more than five years, or a house of correction for not more than two and one-half years, or by fine and imprisonment, in the case of a felony.


A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment for the offense for which the prisoner failed to appear.


CREDIT(S)


Added by St.1965, c. 396. Amended by St.1994, c. 68, § 7.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 83


Effective: July 1, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 83. Probation officers; applicants for appointment as a probation officer; examination; investigation and interview; promotion; publication of standards


(a) Each applicant for initial appointment as a probation officer within the office of the commissioner of probation shall pass a written examination established and administered by the court administrator, after consultation with the personnel administrator, who shall determine the form, method and subject matter of such examination. The examination shall test the knowledge, skills and abilities which can be objectively and reliably measured and which are required to perform the duties of the position of probation officer. The court administrator, in consultation with the personnel administrator, shall establish a uniform minimum score needed for further consideration of the applicant for consideration as a probation officer.


(b) The name of each applicant for initial appointment as a probation officer within the office of the commissioner of probation who has successfully completed the examination under subsection (a) shall be forwarded to the court administrator or a designee who shall objectively screen the applicant to determine whether the applicant meets the minimum criteria for appointment as a probation officer.


(c) Those applicants who have passed the examination under subsection (a) and deemed by the court administrator to have met the minimum criteria for appointment under subsection (b) shall be subject to an investigative and interview process conducted by the commissioner of probation in consultation with the CJAM/Court Administrator, which shall include, but not be limited to: (i) inquiry into and review of the applicant's education, prior work history and other accomplishments to ensure that the applicant is well suited for the culture of the organization and will further the organization's stated goals; (ii) behaviorally-based interviews; and (iii) candidate assessments, including case study, presentation and writing assessments; provided, however, that the candidate assessments shall focus on the specific requirements of the position.


(d) Recommendations for employment submitted in support of candidates applying for employment by the trial court shall not be considered by a hiring authority until the applicant has passed the examination under subsection (a), been deemed by the court administrator to have met the minimum criteria for appointment under subsection (b) and has successfully completed the interview and investigative processes under subsection (c); provided, however, that the hiring authority may, in accordance with the trial court's regular practice for conducting reference checks, contact and speak with a reference provided to it by a candidate, or contact and speak with any person who has submitted a written recommendation on behalf of a candidate.


(e) Notwithstanding any general or special law, rule or regulation to the contrary, recommendations for employment submitted in support of candidates who are hired as probation officers shall be considered public records under section 7 of chapter 4 and chapter 66; provided, however that this shall not apply to internal communications.


(f) Those applicants who have passed the examination under subsection (a) and were deemed by the court administrator to have met the minimum criteria for appointment under subsection (b), and who have successfully completed the interview and investigative processes under subsection (c) shall be eligible for appointment by the commissioner as a probation officer. The commissioner may appoint probation officers to the several sessions of the trial court as the commissioner deems necessary, with the approval of the court administrator.


(g) A probation officer seeking a promotion within the office of the commissioner of probation shall pass a written examination established and administered by the court administrator, after consultation with the personnel administrator, who shall determine the form, method and subject matter of such examination. The examination shall test the knowledge, skills, and abilities which can be objectively and reliably measured and which are required to perform the duties of the position being applied for. The court administrator, in consultation with the personnel administrator, shall establish a uniform minimum score needed for further consideration of the applicant for consideration for promotion.


(h) The name of each applicant for promotion within the office of the commissioner of probation who has successfully completed the examination under subsection (g) shall be forwarded to the court administrator or a designee who shall objectively screen the applicant to determine whether the applicant meets the minimum criteria for promotion.


(i) Those applicants passed the examination under subsection (g) and were deemed by the court administrator to have met the minimum criteria for promotion under subsection (h) shall be subject to an investigative and interview process which shall include, without limitation: (i) inquiry into and review of the applicant's education, prior work history and other accomplishments to ensure that the applicant is well suited for the culture of the organization and will further the organization's stated goals; (ii) behaviorally-based interviews; and (iii) candidate assessments, including case study, presentation and writing assessments; provided, however, that the candidate assessments shall focus on the specific requirements of the position.


(j) Recommendations for promotion submitted in support of candidates applying for a promotion by the trial court shall not be considered by a hiring authority until the applicant has passed the examination under subsection (g), been deemed by the court administrator to have met the minimum criteria for appointment under subsection (h) and has successfully completed the interview and investigative processes under subsection (i); provided, however, that hiring authority may, in accordance with the trial court's regular practice for conducting reference checks, contact and speak with a reference provided to it by a candidate, or contact and speak with any person who has submitted a written recommendation on behalf of a candidate.


(k) Notwithstanding any general or special law, rule or regulation to the contrary, recommendations for employment submitted in support of candidates who are promoted as probation officers shall be considered public records under section 7 of chapter 4 and chapter 66; provided, however that this shall not apply to internal communications.


(l) Those applicants who have passed the examination under subsection (g) and were deemed by the court administrator to have met the minimum criteria for appointment under subsection (h) and successfully completed the interview and investigative processes under subsection (i) shall be eligible for promotion under subsection (m).


(m) In any court having 2 or more probation officers, the first justice, subject to the approval of the court administrator and the commissioner of probation, may designate 1 probation officer to serve as chief probation officer and may designate other probation officers to serve as assistant chief probation officers, as the first justice deems necessary for the effective administration of justice.


A first justice may recommend to the commissioner of probation the initiation of disciplinary proceedings against a probation officer so promoted under this section; provided, however, that such probation officer shall receive a hearing by the commissioner of probation prior to being discharged; and provided further, that such probation officer may appeal any suspension, discipline or discharge to the court administrator.


(n) The compensation of probation officers in the trial court shall be paid by the commonwealth according to schedules established in section 99B or in a provision of an applicable collective bargaining agreement.


(o) All probation officers shall devote their full time and attention to the duties of their office during regular business hours.


(n) [FN1]all personnel standards developed under this section shall ensure that all appointments, promotions and increases in compensation of personnel within the trial court are merit based and maintain internal and external integrity with regard to their processes. Such standards shall be made available to the public and promulgated prominently on the website of the trial court.


CREDIT(S)


Amended by St.1936, c. 360; St.1937, c. 186; St.1947, c. 566, § 1; St.1947, c. 639; St.1949, c. 783, § 1; St.1950, c. 513; St.1950, c. 531; St.1951, c. 774, §§ 1, 2; St.1952, c. 241; St.1953, c. 341; St.1953, c. 420, § 1; St.1955, c. 735, §§ 1, 2; St.1956, c. 731, §§ 13, 13A; St.1957, c. 272; St.1965, c. 675; St.1967, c. 130; St.1967, c. 365; St.1968, c. 629; St.1969, c. 771, §§ 1, 2; St.1969, c. 859, §§ 25, 26; St.1970, c. 875, §§ 1, 2; St.1972, c. 731, §§ 21, 22; St.1978, c. 367, § 65; St.1978, c. 478, § 290; St.1979, c. 393, § 71A; St.1981, c. 779; St.1982, c. 594; St.1992, c. 379, § 188; St.2001, c. 177, § 52; St.2011, c. 93, § 119, eff. July 1, 2011; St.2011, c. 93, § 120.


[FN1] So in enrolled bill; probably should be (p).



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 83A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 83A. Repealed, 1992, 379, Sec. 189



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 83B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§§ 83B to 83F. Repealed, 1949, 783, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 83F


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§§ 83B to 83F. Repealed, 1949, 783, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 84


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 84. Repealed, 1977, 97



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 85


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 85. Powers and duties


Each person who receives an appointment as a probation officer shall, within six months of the date of his appointment, attend a basic orientation training course conducted by the commissioner of probation pursuant to section ninety-nine. All probation officers shall attend at least every three years an in-service training course pursuant to this section. In addition to the other duties imposed upon him, each probation officer shall, as the court may direct, inquire into the nature of every criminal case brought before the court under the appointment of which he acts, and inform the court, so far as is possible, whether the defendant has previously been convicted of crime and in the case of a criminal prosecution before said court charging a person with an offence punishable by imprisonment for more than one year the probation officer shall in any event present to the court such information as the commissioner of probation has in his possession relative to prior criminal prosecutions, if any, of such person and to the disposition of each such prosecution, and all other available information relative thereto, before such person is admitted to bail in court and also before disposition of the case against him by sentence, or placing on file or probation. Such record of the probation officer presented to the court shall not contain as part thereof any information of prior criminal prosecutions, if any, of the defendant wherein the defendant was found not guilty by the court or jury in said prior criminal prosecution. Prior to the aforesaid disposition such record of the probation officer shall be made available to the defendant and his counsel for inspection. When it comes to the knowledge of a probation officer that the defendant in a criminal case before his court charged with an offence punishable by imprisonment is then on probation in another court or is then at liberty on parole or on a permit to be at liberty, such probation officer shall forthwith certify the fact of the presence of the defendant before his court to the probation officer of such other court or the parole authorities granting or issuing such parole or permit to be at liberty, as the case may be. He may recommend to the justice of his own court that any person convicted be placed on probation. He shall perform such other duties as the court requires. He shall keep full records of all cases investigated by him or placed in his care by the court, and of all duties performed by him. Every person released upon probation shall be given by the probation officer a written statement of the terms and conditions of the release.


CREDIT(S)


Amended by St.1950, c. 145, § 1; St.1956, c. 731, § 15; St.1968, c. 333, § 2; St.1972, c. 396, § 1; St.1976, c. 288.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 85A


Effective: July 1, 2001


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 85A. Support and maintenance enforcement


In addition to other duties, a probation officer of the probate court may, when ordered to do so by the court, examine all records and files in divorce, legal separation, annulment, custody and paternity cases in which orders or decrees have been entered to ascertain whether the persons to whom payments of money should have been made regularly received the various and definite amounts provided for in the orders or decrees of the court and, where there are dependent minor children, that the same are applied for the support, maintenance, education and betterment of said dependent minor children, and that said dependent minor children are properly cared for by their custodian. Said officers shall bring into court when necessary, by citation or otherwise, all persons who are delinquent in making payments ordered or decreed by the court and shall ascertain in the case of dependent minor children whether they are receiving proper maintenance and education and whether they are liable to become public charges. Consistent with these and other duties, a probation officer shall assist the IV-D agency, as set forth in chapter one hundred and nineteen A to enforce child support orders.


CREDIT(S)


Added by St.1969, c. 771, § 3. Amended by St.1986, c. 310, § 31; St.1987, c. 465, § 63; St.2001, c. 177, § 53.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 85B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 85B. Delinquent payments; collection; contempt proceedings


Said probation officer shall have full power, by citation or other order duly issued by the probate court, to compel the attendance of witnesses to take testimony and do each and every thing necessary, including initiating contempt proceedings, to collect any and all delinquent payments due to any person entitled under order or decree of said court to receive payments, to make recommendations to the probate court, where there are dependent minor children, for the betterment of the conditions of said dependent minor children and to ascertain when requested to do so by the court the moral and general conditions surrounding said dependent minor children and shall report the result of such findings to said court.


CREDIT(S)


Added by St.1969, c. 771, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 86


Effective: July 1, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 86. Repealed, 2011, 93, Sec. 121



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 87


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 87. Placing certain persons in care of probation officer


The superior court, any district court and any juvenile court may place on probation in the care of its probation officer any person before it charged with an offense or a crime for such time and upon such conditions as it deems proper, with the defendant's consent, before trial and before a plea of guilty, or in any case after a finding or verdict of guilty; provided, that, in the case of any child under the age of seventeen placed upon probation by the superior court, he may be placed in the care of a probation officer of any district court or of any juvenile court, within the judicial district of which such child resides; and provided further, that no person convicted under section twenty-two A, 22B, 22C, 24B or subsection (b) of section 50 of chapter two hundred and sixty-five or section thirty-five A of chapter two hundred and seventy-two shall, if it appears that he has previously been convicted under said sections and was eighteen years of age or older at the time of committing the offense for which he was so convicted, be released on parole or probation prior to the completion of five years of his sentence.


CREDIT(S)


Amended by St.1941, c. 264, § 2; St.1955, c. 763, § 1; St.1969, c. 859, § 27; St.1970, c. 98; St.1972, c. 731, § 23; St.1973, c. 925, § 81; St.1974, c. 614; St.2010, c. 267, § 66, eff. Nov. 5, 2010; St.2011, c. 178, § 26, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 87A


Effective: July 1, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 87A. Conditions of probation; probation fees


The conditions of probation imposed by a court upon a person pursuant to section eighty-seven of this chapter, section fifty-eight of chapter one hundred and nineteen or section one or section one A of chapter two hundred and seventy-nine, may include, but shall not be limited to, participation by said person in specified rehabilitative programs or performance by said person of specified community service work for a stated period of time.


The court shall assess upon every person placed on supervised probation, including all persons placed on probation for offenses under section 24 of chapter 90, a monthly probation supervision fee, hereinafter referred to as “probation fee”, in the amount of $60 per month. Said person shall pay said probation fee once each month during such time as said person remains on supervised probation. The court shall assess upon every person placed on administrative supervised probation a monthly administrative probation supervision fee, hereinafter referred to as “administrative probation fee”, in the amount of $45 per month. Said person shall pay said administrative probation fee once each month during such time as said person remains on administrative supervised probation. Notwithstanding the foregoing, said fees shall not be assessed upon any person accused or convicted of a violation of section 1 or 15 of chapter 273, where compliance with an order of support for a spouse or minor child is a condition of probation.


The court may not waive payment of either or both of said fees unless it determines after a hearing and upon written finding that such payment would constitute an undue hardship on said person or his family due to limited income, employment status or any other factor. Following the hearing and upon such written finding that either or both of said fees would cause such undue hardship then: (1) in lieu of payment of said probation fee the court shall require said person to perform unpaid community work service at a public or nonprofit agency or facility, as approved and monitored by the probation department, for not less than one day per month and (2) in lieu of payment of said administrative probation fee the court shall require said person to perform unpaid community work service at a public or nonprofit agency or facility, as approved and monitored by the probation department, for not less than four hours per month. Such waiver shall be in effect only during the period of time that said person is unable to pay his monthly probation fee.


The court may waive payment of either or both of said fees in whole or in part if said person is assessed payment of restitution. In such cases, said fees may be waived only to the extent and during the period that restitution is paid in an amount equivalent to said fee.


Said probation fee shall be collected by the several probation offices of the trial court and transmitted to the state treasurer for deposit into the General Fund. The state treasurer shall account for all such fees received and report said fees annually, itemized by court division, to the house and senate committees on ways and means.


The court shall also assess upon every person placed on supervised probation, including all persons placed on probation for offenses under section 24 of chapter 90, a monthly probationers' victim services surcharge, hereinafter referred to as “victim services surcharge”, in the amount of $5 per month. Said person shall pay said victim services surcharge once each month during such time as said person remains on supervised probation. The court shall assess upon every person placed on administrative supervised probation a monthly administrative probationer's victim services surcharge, hereinafter referred to as “administrative victim services surcharge” in the amount of $5 per month.


Said person shall pay said administrative victim services surcharge once each month during such time as said person remains on administrative supervised probation. Notwithstanding the foregoing, said fees shall not be assessed upon any person accused or convicted of a violation of section 1 or 15 of chapter 273, where compliance with an order of support for a spouse or minor child is a condition of probation.


The court may not waive payment of either or both of said fees unless it has determined, after a hearing and upon written finding, that such payment would constitute an undue hardship on said person or his family due to limited income, employment status or any other factor. Such waiver shall be in effect only during the period of time that said person is unable to pay his monthly probation fee.


Said probation fee shall be collected by the several probation offices of the trial court and shall be transmitted to the state treasurer for deposit into the General Fund of the commonwealth. The state treasurer shall account for all such fees received and report said fees annually, itemized by court division, to the house and senate committees on ways and means.


CREDIT(S)


Added by St.1984, c. 294, § 1. Amended by St.1988, c. 202, § 27; St.1990, c. 150, § 343; St.1996, c. 12, § 10; St.1999, c. 127, § 185; St.2002, c. 300, § 13; St.2003, c. 26, § 510, eff. July 1, 2003; St.2009, c. 27, §§ 99, 100, eff. July 1, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 88


Effective: July 1, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 88. Clerical assistance


Every court appointing probation officers may employ such clerical assistance as it deems necessary to keep, index and consolidate the records required to be kept by probation officers and for such other work in connection with its probation service as the court may determine. The compensation for such service, together with such other necessary expenses as the court shall incur in connection with such work, shall be paid by the commonwealth upon vouchers approved by said court.


The administrative justices for the district court and juvenile court departments, in consultation with the commissioner of probation, may designate and redesignate such divisions thereof, including in such term the Boston juvenile court, the Worcester juvenile court, the Bristol county juvenile court and the Springfield juvenile court, within each of the counties of the commonwealth as in the opinion of said administrative justices should join in the establishment of a probation district office for the clerical service of the probation officers of the divisions thereof so designated or redesignated and said divisions so designated or redesignated shall thereupon consult with the court administrator of the trial court and the commissioner of probation as to the establishment of such a probation district office, and shall join in the employment of such clerical assistance as is necessary to keep, index and consolidate the records in such form as may be required by the commissioner of probation in connection with the probation service of the said courts. The compensation for such service, together with such other necessary expenses as the courts shall incur in connection with such work, shall be paid by the commonwealth upon vouchers approved by one of the justices of said courts, designated by said administrative justices.


CREDIT(S)


Amended by St.1956, c. 731, § 16; St.1969, c. 859, § 28; St.1972, c. 731, § 24; St.1978, c. 478, § 292; St.2011, c. 93, § 122, eff. July 1, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 89


Effective: July 1, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 89. Temporary probation officers


The superior court or the justice of a district court, including in such term the Worcester juvenile court, the Boston juvenile court, the Bristol county juvenile court and the Springfield juvenile court, may, in the case of a vacancy in the position of probation officer or in the absence of a probation officer, appoint a temporary probation officer, who shall have the powers and perform the duties of such probation officer and shall receive as compensation for each day's service an amount equal to the rate by the day of the minimum compensation of a regular probation officer according to the salary schedule established under section eight of chapter two hundred and eleven B. Compensation so paid to a temporary probation officer for service rendered in the absence of a probation officer, in excess of thirty days in any one year, shall be deducted from the compensation of the probation officer in whose place such service is rendered; provided, however, that if a probation officer is absent, due to his illness or physical disability, for a period not exceeding thirty days in any year, in addition to said thirty days, he shall be deemed to be on sick leave and no such deduction shall be made. Such thirty days' sick leave or any portion thereof not used in any year may be accumulated, but shall, in any event, not exceed ninety days in any consecutive three year period. If the person so appointed holds an office or position, the salary or compensation for which is paid out of the treasury of the commonwealth, or of a county, or of a municipality, he shall not receive the salary of both offices or positions during the period of such temporary service.


The justices of a probate court for any county, except the county of Dukes County and the counties of Nantucket and Franklin, may, in the absence of a probation officer, appoint a temporary probation officer in the same manner and upon the same conditions, with the same powers and duties and the same rate of compensation as is provided in the first paragraph.


The justice of a district court, with the approval of the administrative justice of district courts, may, in the case of the death, removal, resignation or retirement of a probation officer, appoint a temporary probation officer for a single term not to exceed ninety days. Such temporary probation officer shall receive as compensation from the commonwealth an amount equal to that which would have been paid, for a like period of service, to a regular probation officer receiving the minimum compensation according to the salary schedule as established under section eight of chapter two hundred and eleven B. No temporary probation officer appointed under this section shall serve for more than ninety days unless his appointment to such temporary office has been approved by the court administrator of the trial court upon recommendation of the commissioner of probation.


CREDIT(S)


Amended by St.1934, c. 217, § 2; St.1941, c. 477, § 1; St.1953, c. 364; St.1956, c. 731, §§ 17, 17A; St.1959, c. 526, § 1; St.1969, c. 87; St.1969, c. 771, § 4; St.1969, c. 859, § 29; St.1972, c. 731, § 25; St.1978, c. 45; St.1978, c. 478, § 292; St.2011, c. 93, § 123, eff. July 1, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 89A


Effective: July 1, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 89A. Counsellors to juvenile offenders


The superior court or the justice of a district court may appoint deputy probation officers who shall serve without compensation as counsellors to children under the age of seventeen who have been placed in the care of probation officers under section eighty-seven in order that such children may receive to a greater degree individual attention and guidance. Deputy probation officers shall perform their services under the direction of probation officers. Deputy probation officers may be reimbursed by the commonwealth upon voucher approved by the court to which they are assigned for necessary expenses incurred by them in the course of their duties.


The court administrator, in consultation with the commissioner of probation, may apply for and accept federal grants or assistance for the purpose of defraying the costs of additional clerical assistance, equipment, books, materials and other expenses incident to the services which such deputy probation officers perform.


CREDIT(S)


Added by St.1967, c. 401. Amended by St.1978, c. 478, § 292; St.1992, c. 379, § 190; St.2011, c. 93, § 124, eff. July 1, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 90


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 90. Powers of probation officers; reports; records; inspection


A probation officer shall not be an active member of the regular police force, but so far as necessary in the performance of his official duties shall, except as otherwise provided, have all the powers of a police officer, and if appointed by the superior court may, by its direction, act in any part of the commonwealth. He shall report to the court, and his records may at all times be inspected by police officials of the towns of the commonwealth; provided, that his records in cases arising under sections fifty-two to fifty-nine, inclusive, of chapter one hundred and nineteen shall not be open to inspection without the consent of a justice of his court.


CREDIT(S)


Amended by St.1938, c. 174, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 91


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 91. Power of probation officers appointed by Boston juvenile court to serve process


Probation officers appointed by the Boston juvenile court may serve such process as may be directed to them by the court.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 92


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 92. Restitution or reparation to injured person through probation officer


If a person is placed on probation upon condition that he make restitution or reparation to the person injured by him in the commission of his offence, and payment is not made at once, the court may order that it shall be made to the probation officer, who shall give receipts for and keep record of all payments made to him, pay the money to the person injured and keep his receipt therefor, and notify the clerk of the court whenever the full amount of the money is received or paid in accordance with such order or with any modification thereof.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 92A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 92A. Restitution in cases involving motor vehicle theft or fraudulent claims


A person found guilty of violating the provisions of sections twenty-seven, twenty-eight, one hundred and eleven B and one hundred and thirty-nine of chapter two hundred and sixty-six shall, in all cases, upon conviction, in addition to any other punishment, be ordered to make restitution to any person whom the court deems appropriate for any financial loss sustained by the victim of his crime, his dependents or an insurer as a result of the commission of the crime. The term “financial loss” shall be interpreted to include but shall not be limited to, loss of earnings, out-of-pocket expenses, and replacement costs. Losses due to pain and suffering are not financial loss. Restitution shall be interpreted to include monetary reimbursement, work or service, or a combination thereof, provided to any person, organization, corporation, or governmental entity, the court determines, has suffered said damage or financial loss, or to perform such work or service for any other person, organization, corporation or governmental entity as the court may determine. Restitution shall be imposed in addition to incarceration or fine, but not in lieu thereof. In an extraordinary case such as indigency, the court may determine that the interests of the victim and justice would not be served by ordering restitution. In such a case, the court shall make and enter specific written findings on the record concerning the extraordinary circumstances presented which militated against the imposition of restitution.


The court shall, after conviction, conduct an evidentiary hearing to ascertain the extent of the damages or financial loss suffered as a result of the defendant's crime. The court may then determine the amount and method of restitution. In so determining, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. The defendant's present and future ability to make such restitution shall be considered.


A defendant ordered to make restitution may petition the court for remission from any payment of restitution or from any unpaid portion thereof. If the court finds that the payment of restitution due will impose an undue financial hardship on the defendant or his family, the court may grant remission from any payment of restitution or modify the time and method of payment.


If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court may hold him in contempt unless said defendant has made a good faith effort to make restitution. If the defendant has made a good faith effort to make restitution, the court may, upon motion of the defendant, modify the order requiring restitution by:


(a) providing for additional time to make any payment in restitution;


(b) reducing the amount of any payment in restitution or installment thereof;


(c) granting a remission from any payment of restitution or part thereof.


Restitution shall not be authorized to a party whom the court determines to be aggrieved, without that party's consent.


CREDIT(S)


Added by St.1980, c. 463, § 7. Amended by St.1986, c. 557, § 201.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 93


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 93. Payment to treasurer of unclaimed money collected by probation officer


Except as provided by section one of chapter two hundred and seventy-nine, money collected by a probation officer under order of the court by which he is appointed, if unclaimed after one year from the time of its collection, shall, upon further order of the court, be paid to the treasurer provided, that any part of the said money may be paid to persons establishing before the comptroller a lawful claim thereto within five years of its payment to said treasurer, unless sooner paid over by order of the said commissioners.


CREDIT(S)


Amended by St.1978, c. 478, § 293.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 94


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 94. Expenses of probation officers


The reasonable expenses, including supplies and equipment, incurred by probation officers of the superior court and the probate court in the performance of their duties shall be approved and apportioned by the court, and paid by the commonwealth. Such reasonable expenses shall include the traveling expenses necessarily incurred by such a probation officer in connection with attendance at sessions of said court outside of the town in which the principal office of such probation officer is maintained, such expenses to be computed from and to said town. Money to be used for the necessary expenses to be incurred by such a probation officer in going outside the commonwealth for the purpose of bringing back for surrender to the court a person who is on probation shall be advanced by the treasurer of the commonwealth, upon presentation of a certificate signed by the probation officer and approved by said court. After his return such probation officer shall account for such money by filing with said state treasurer itemized vouchers, duly sworn to, approved by the court, setting forth the necessary expenses so incurred and any unexpended balance of such money shall be paid to said state treasurer. Subject to section eighty-one of chapter two hundred and eighteen, probation officers of district courts and of the Boston, Worcester, Bristol county and Springfield juvenile courts shall be reimbursed by the commonwealth for their actual disbursements for necessary expenses incurred while in the performance of their duties, including their reasonable traveling expenses in attending conferences authorized by section ninety-nine, not exceeding four hundred dollars to each in any one year, upon vouchers approved by the court by which they are appointed.


CREDIT(S)


Amended by St.1939, c. 155; St.1939, c. 296, § 2; St.1947, c. 82; St.1969, c. 771, § 5; St.1969, c. 859, § 30; St.1971, c. 1064; St.1972, c. 731, § 26; St.1978, c. 478, § 293.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 95


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 95. Temporary support or transportation of probationers


The superior courts or the Boston, Springfield, Bristol county and Worcester juvenile courts or a district court, except the municipal court of the city of Boston, may authorize a probation officer to expend such amount as the court considers expedient for the temporary support or transportation, or both, of a person placed on probation. A record of any amount so authorized shall be entered on the clerk's docket of the case.


The chief probation officer of the municipal court of the city of Boston may provide for the temporary support or transportation, or both, of a person placed on probation in said court, or for the relief of the immediate distress of such person, in any manner which he may deem proper, and for these purposes may annually expend a sum not exceeding two thousand dollars for all such cases of relief. At the end of each month said chief probation officer shall submit to the administrative justice of said court a list of the expenses so incurred, with proper vouchers, and upon approval of the administrative justice the amount thereof shall be paid to the chief probation officer by the commonwealth.


CREDIT(S)


Amended by St.1969, c. 859, § 31; St.1972, c. 731, § 27; St.1978, c. 478, § 293.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 96


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 96. Refusal or neglect of duties by probation officer


Any probation officer who refuses or neglects to perform any of the duties required of him shall forfeit two hundred dollars to the use of the commonwealth.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 97


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 97. Interference with duties of department of youth services


Sections eighty-three to ninety-six, inclusive, shall not authorize a probation officer to interfere with any of the duties required of the department of youth services under the law relative to juvenile offenders.


CREDIT(S)


Amended by St.1941, c. 677, § 2; St.1956, c. 731, § 18; St.1969, c. 838, § 62.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 98


Effective: July 1, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 98. Office of probation; commissioner of probation


There shall be an office of probation which shall be under the supervision, direction and control of a commissioner of probation. The commissioner shall be appointed, and may be removed, by the chief justice of the trial court and the court administrator, with the advice of the chief justice of the juvenile court, the chief justice of the superior court, the chief justice of the district court, the chief justice of the probate and family court and the chief justice of the Boston municipal court. The commissioner shall be a person of skill and experience in the field of criminal justice. The commissioner shall be the executive and administrative head of the office of probation and shall be responsible for administering and enforcing the laws relative to the office of probation and to each administrative unit tof [FN1] the office. The commissioner shall serve a term of 5 years and may be reappointed. The commissioner shall receive such salary as may be determined by law and shall devote full time to the duties of the office. In the case of an absence or vacancy in the office of the commissioner, or in the case of disability as determined by the chief justice of the trial court, said chief justice may designate an acting commissioner to serve as commissioner until the vacancy is filled or the absence or disability ceases. The acting commissioner shall have all of the powers and duties of the commissioner and shall have similar qualifications as the commissioner.


Subject to the approval and consent of the court administrator, the commissioner may appoint such deputies, supervisors and assistants as may be necessary for the performance of the commissioner's duties. The deputies, supervisors and assistants shall, subject to appropriation, receive salaries to be fixed by the court administrator. Subject to the approval and direction of the court administrator, the commissioner shall perform such duties and responsibilities as otherwise provided by law or as designated from time to time by the chief justice of the trial court and the court administrator. The commissioner shall make recommendations to the chief justice of the trial court and the court administrator on:


(i) the supervision and evaluation of all probation programs within the trial court;


(ii) the evaluation of the probation service in each court of the commonwealth;


(iii) the compilation, evaluation and dissemination of statistical information on crime, delinquency and appropriate probate and family court matters available in the commissioner's records;


(iv) the recruitment, training and educational development of probation officers;


(v) the evaluation of the work performance of probation officers; and


(vi) planning, initiation and development of volunteer, diversion and other programs in consultation with probation officers throughout the commonwealth.


CREDIT(S)


Amended by St.1932, c. 145; St.1956, c. 731, § 19; St.1963, c. 801, §§ 79, 80; St.1965, c. 843; St.1969, c. 766, §§ 45, 45A; St.1969, c. 771, § 6; St.1970, c. 875, §§ 3, 4; St.1973, c. 1070; St.1978, c. 478, § 294; St.1981, c. 632, § 21A; St.1986, c. 279, § 17; St.1986, c. 520, § 1; St.1991, c. 138, §§ 296, 297; St.1992, c. 379, § 191; St.1993, c. 12, §§ 11, 12; St.2010, c. 131, § 103, eff. July 1, 2010; St.2011, c. 93, § 124A, eff. July 1, 2011; St.2011, c. 93, § 124B.


[FN1] So in enrolled bill; probably should read, “of”.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 98A


Effective: July 1, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 98A. Advisory board to commissioner of probation and court administrator


There shall be a board to advise the commissioner of probation and the court administrator. The board shall make recommendations on the management of the office of probation. The board shall consist of 9 members to be appointed by the supreme judicial court: 2 persons who have significant experience in criminal justice, 2 persons who have significant experience in public policy, 2 persons who have significant experience in management, 1 person who has significant experience in human resources management, 1 person who is a member of the Massachusetts bar with active status and 1 person with significant experience as a probation officer. Upon the expiration of the term of any appointive member, the member's successor shall be appointed in a like manner for a term of 3 years. In making their initial appointments, the supreme judicial court shall appoint 2 members to serve for a term of 1 year, 4 members to serve for a term of 2 years and 3 members to serve for a term of 3 years.


A person appointed to fill a vacancy on the board shall be appointed in like manner and shall serve for only the unexpired term of the former member. No member shall serve for more than 2 full terms. The board shall annually elect 1 of its members to serve as chair and 1 of its members to serve as vice-chair. The chair shall hold regular meetings and shall notify the board members of the time and place of the meetings.


Members of the board shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their official duties. The court administrator shall serve as the executive secretary of the board and the office of probation shall provide, at the request of the board, detailed reports regarding the work of probation in the court.


The board shall advise the commissioner of probation and the court administrator on all matters of probation reform. The board shall make recommendations to the commissioner of probation and the court administrator and shall forward such recommendations to the house and senate committees on ways and means.


CREDIT(S)


Added by St.2011, c. 93, § 124A, eff. July 1, 2011. Amended by St.2011, c. 93, § 124B.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 99


Effective: July 1, 2011


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 99. Powers and duties of commissioner of probation


The commissioner shall have executive control and supervision of the probation service and shall have the power to:


(1) supervise the probation work in all of the courts of the commonwealth and, for such purposes, the commissioner and the commissioner's staff shall have access to all probation records of those courts;


(2) subject to the approval of the chief justice of the trial court, establish reports and forms to be maintained by probation officers, establish procedures to be followed by probation officers and establish standards and rules of probation work, including methods and procedures of investigation, mediation, supervision, case work, record keeping, accounting and caseload and case management;


(3) promulgate rules and regulations concerning probation officers or offices; provided, however, that such rules and regulations shall be approved in writing by the court administrator subject to chapter 150E;


(4) assist the court administrator in developing standards and procedures for the performance evaluation of probation officers and assist each first justice in evaluating the work performance of probation officers; provided, however, that in the event of any conflict between this clause and a term of an applicable collective bargaining agreement, the term of the collective bargaining agreement shall take precedence;


(5) receive all notices of intended disciplinary action against a probation officer or supervising probation officer, including reprimand, fine, suspension, demotion or discharge, that may be initiated by a first justice, supervisor or chief probation officer;


(6) develop and conduct basic orientation and in-service training programs for probation officers, such programs to be held at such times and for such periods as the commissioner shall determine;


(7) conduct research studies relating to crime and delinquency; provided, however, that the commissioner may participate with other public and private agencies in joint research studies;


(8) annually submit written budget recommendations for the probation service to the the court administrator, which shall be in addition to the budget requests submitted by the first justices on behalf of their respective courthouse or courthouses, including probation offices;


(9) annually conduct regional meetings with chief probation officers to discuss the budget needs of the local probation offices; and


(10) hold conferences on probation throughout the commonwealth; provided, however, that the traveling expenses of trial court justices or probation officers authorized by the court administrator to attend any such conference shall be paid by the commonwealth.


CREDIT(S)


Amended by St.1952, c. 348; St.1956, c. 731, § 20; St.1972, c. 396, § 2; St.1978, c. 478, § 294; St.1992, c. 379, § 191; St.1993, c. 12, §§ 11, 12; St.2011, c. 93, § 124A, eff. July 1, 2011; St.2011, c. 93, § 124B.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 99A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 99A. Repealed, 1992, 379, Sec. 192



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 99B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 99B. Probation officers; compensation


(1) In those courts or regions having fewer than fifteen probation officers, all persons serving as chief probation officer or acting chief probation officer shall be allocated to the title of Chief or Acting Chief Probation Officer I, and in those courts or regions having fifteen or more probation officers, all persons so-serving shall be allocated to the title of Chief or Acting Chief Probation Officer II.


(2) All probation officers, except the chief probation officer, shall be compensated in accordance with the provisions of the applicable collective bargaining agreement, pursuant to the provisions of chapter one hundred and fifty E. The salaries of chief probation officers and acting chief probation officers shall be paid by the commonwealth in accordance with a schedule of salaries as recommended in writing by the chief administrative justice of the trial court and filed with the house and senate committees on ways and means.


(3) Upon initial appointment, a probation officer shall be compensated at the minimum of said salary schedule for his group or, if he shall have had prior service as a probation officer or shall, in the judgment of the committee on probation, have had years of similar service in allied fields, the step for such group to which his years of prior service entitle him.


(4) Upon completion of each year of service, a probation officer shall be compensated at the next higher step, if any, of said salary schedule for his group.


(5) Upon promotion (including, in the case of a chief probation officer, a change in his class due to an increase in the number of probation officers his probation office has), a probation officer shall be compensated at the lowest step of his new group which is at least one increment of his new group, but less than two such increments, higher than his salary immediately prior to such promotion, and upon the completion of each year of service in his new group, shall be compensated at the next higher step, if any, of said salary schedule for such new group. Notwithstanding any other provision of this section, no chief probation officer shall receive a salary less than the next increment greater than the salary received by the first assistant chief probation officer in the same court.


CREDIT(S)


Added by St.1970, c. 875, § 6. Amended by St.1971, c. 909, §§ 1, 2; St.1972, c. 600, § 1A; St.1973, c. 772, § 2; St.1974, c. 558, § 15; St.1977, c. 234, §§ 194 to 196; St.1977, c. 872, §§ 194 to 196; St.1978, c. 478, § 295; St.1979, c. 393, §§ 71B, 71C; St.1981, c. 632, §§ 21B, 21C; St.1986, c. 520, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 99C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 99C. Repealed, 1978, 478, Sec. 296



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 99D


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 99D. Repealed, 1986, 520, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 99E


Effective: July 1, 2004


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 99E. Indigency; interagency service agreements; income data verification


(a) The commissioner of probation shall enter into an interagency service agreement with the department of revenue to verify income data and other information relevant to the determination of indigency of recipients of counsel pursuant to section 2 of chapter 211D.


(b) The commissioner of probation shall enter into an interagency service agreement with the department of transitional assistance to verify income data and other information relevant to the determination of indigency of recipients of counsel pursuant to section 2 of chapter 211D.


(c) The commissioner of probation shall enter into an interagency service agreement with the department of medical assistance to verify income data and other information relevant to the determination of indigency of recipients of counsel pursuant to section 2 of chapter 211D.


(d) The commissioner of probation shall enter into an interagency service agreement with the registry of motor vehicles to verify the statements on motor vehicle ownership or nonownership by recipients of counsel pursuant to section 2 of chapter 211D.


CREDIT(S)


Added by St.2004, c. 149, § 212, eff. July 1, 2004.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 99F


Effective: July 1, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 99F. Performance measurement system for the office of probation and private organizations under contract with the commonwealth


(a) The commissioner of probation shall establish a performance measurement system for the office of probation and any private organizations under contract with the commonwealth to perform services as part of a probationary sentence. The commissioner shall annually establish program goals, measure program performance against those goals and report publicly on the progress to improve the effectiveness of probation programs. The commissioner shall determine the appropriate measures and standards of performance in all categories and reporting on performance trends. Clear measurements shall be developed and effectuated while ensuring that no undue administrative burden is placed on agencies and organizations subject to this section. The performance measurement system shall require each division to develop a strategic plan for program activities and performance goals.


(b) Performance measurements shall include, but not be limited to, the recidivism and violation rate for probationers, probationers' compliance with court orders, the effectiveness of the probation departments' provision of information to the court and any other measurements established by the commissioner of probation.


(c) The commissioner shall annually re-evaluate the goals and measures established by the office and monitor the results that the divisions and contractors report. The office shall recommend changes to proposed goals and measures as are appropriate to enhance public safety.


(d) The commissioner shall use the performance measurements established under this section to determine the quality of service of all private entities. The results of such performance measures shall be criteria used in negotiating any contracts, and contracts with private organizations not meeting their performance goals shall be publicly bid upon their expiration. Renewal contracts may also provide incentives to reward reporting in compliance with performance measurements and to reward achievement of specific performance goals.


(e) The commissioner may consider applications for rehabilitative pilot programs that incorporate evidence based correctional practices. Said applications shall encourage partnerships with the state and can demonstrate an ability to leverage federal and/or private grant opportunities.


(f) The results of such performance measures shall be considered in conducting performance evaluations of staff.


(g) The commissioner shall report regularly to the public on the progress the office and its divisions are making at achieving stated goals. The report on performance measurements shall be published annually and made available to the public not later than December 31. The report shall also be filed annually with the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means, the house and senate chairs of the joint committee on public safety and homeland security and the house and senate chairs of the joint committee on the judiciary. The commissioner shall be responsible for reporting publicly and transparently and making all reports available.


(h) The commissioner shall, to the extent practicable, develop partnerships with research institutions to further analyze performance management data.


CREDIT(S)


Added by St.2011, c. 93, § 125, eff. July 1, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 100


Effective: November 4, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 100. Detailed reports of probation work; records; accessibility of information


Every probation officer, or the chief or senior probation officer of a court having more than one probation officer, shall transmit to the commissioner of probation, in such form and at such times as he shall require, detailed reports regarding the work of probation in the court, and the commissioner of correction, the penal institutions commissioner of Boston and the county commissioners of counties other than Suffolk shall transmit to the commissioner, as aforesaid, detailed and complete records relative to all paroles and permits to be at liberty granted or issued by them, respectively, to the revoking of the same and to the length of time served on each sentence to imprisonment by each prisoner so released specifying the institution where each such sentence was served; and under the direction of the commissioner a record shall be kept of all such cases as the commissioner may require for the information of the justices and probation officers. Police officials shall co-operate with the commissioner and the probation officers in obtaining and reporting information concerning persons on probation. The information so obtained and recorded shall not be regarded as public records and shall not be open for public inspection but shall be accessible to the justices and probation officers of the courts, to the police commissioner for the city of Boston, to all chiefs of police and city marshals, and to such departments of the state and local governments as the commissioner may determine. Upon payment of a fee of three dollars for each search, such records shall be accessible to such departments of the federal government and to such educational and charitable corporations and institutions as the commissioner may determine. The commissioner of correction and the department of youth services shall at all times give to the commissioner and the probation officers such information as may be obtained from the records concerning prisoners under sentence or who have been released. The commissioner may use systems operated by the department of criminal justice information services, pursuant to sections one hundred sixty-seven to one hundred seventy-eight, inclusive, of chapter six, for any record-keeping lawfully required by him provided that such records remain subject to the regulations of said department.


CREDIT(S)


Amended by St.1943, c. 64; St.1953, c. 319, § 34; St.1956, c. 731, § 22; St.1966, c. 623; St.1969, c. 838, § 63; St.1972, c. 805, § 8; St.1975, c. 534; St.2010, c. 256, §§ 126, 127, eff. Nov. 4, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 100A


Effective: May 4, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 100A. Requests to seal files; conditions; application of section; effect of sealing of records


Any person having a record of criminal court appearances and dispositions in the commonwealth on file with the office of the commissioner of probation may, on a form furnished by the commissioner and signed under the penalties of perjury, request that the commissioner seal the file. The commissioner shall comply with the request provided that: (1) the person's court appearance and court disposition records, including any period of incarceration or custody for any misdemeanor record to be sealed occurred not less than 5 years before the request; (2) the person's court appearance and court disposition records, including any period of incarceration or custody for any felony record to be sealed occurred not less than 10 years before the request; (3) the person had not been found guilty of any criminal offense within the commonwealth in the case of a misdemeanor, 5 years before the request, and in the case of a felony, 10 years before request, except motor vehicle offenses in which the penalty does not exceed a fine of $50; (4) the form includes a statement by the petitioner that he has not been convicted of any criminal offense in any other state, United States possession or in a court of federal jurisdiction, except such motor vehicle offenses, as aforesaid, and has not been imprisoned in any state or county in the case of a misdemeanor, within the preceding 5 years, and in the case of a felony, within the preceding 10 years; and (5) the person's record does not include convictions of offenses other than those to which this section applies. This section shall apply to court appearances and dispositions of all offenses; provided, however, that this section shall not apply in case of convictions for violations of sections 121 to 131H, inclusive, of chapter 140 or for violations of chapter 268 or chapter 268A.


In carrying out the provisions of this section, notwithstanding any laws to the contrary:


1. Any recorded offense which was a felony when committed and has since become a misdemeanor shall be treated as a misdemeanor.


2. Any recorded offense which is no longer a crime shall be eligible for sealing forthwith, except in cases where the elements of the offense continue to be a crime under a different designation.


3. In determining the period for eligibility, any subsequently recorded offenses for which the dispositions are “not guilty”, “dismissed for want of prosecution”, “dismissed at request of complainant”, “nol prossed”, or “no bill” shall not be held to interrupt the running of the required period for eligibility.


4. If it cannot be ascertained that a recorded offense was a felony when committed said offense shall be treated as a misdemeanor.


5. Any violation of section 7 of chapter 209A or section 9 of chapter 258E shall be treated as a felony.


6. Sex offenses, as defined in section 178C of chapter 6, shall not be eligible for sealing for 15 years following their disposition, including termination of supervision, probation or any period of incarceration, or for so long as the offender is under a duty to register in the commonwealth or in any other state where the offender resides or would be under such a duty if residing in the commonwealth, whichever is longer; provided, however, that any sex offender who has at any time been classified as a level 2 or level 3 sex offender, pursuant to section 178K of chapter 6, shall not be eligible for sealing of sex offenses.


When records of criminal appearances and criminal dispositions are sealed by the commissioner in his files, he shall notify forthwith the clerk and the probation officer of the courts in which the convictions or dispositions have occurred, or other entries have been made, of such sealing, and said clerks and probation officers likewise shall seal records of the same proceedings in their files.


Such sealed records shall not operate to disqualify a person in any examination, appointment or application for public service in the service of the commonwealth or of any political subdivision thereof; nor shall such sealed records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions, except in imposing sentence in subsequent criminal proceedings, and except that in any proceedings under sections 1 to 39I, inclusive, of chapter 119, sections 2 to 5, inclusive, of chapter 201, chapters 208, 209, 209A, 209B, 209C, or sections 1 to 11A, inclusive, of chapter 210, a party having reasonable cause to believe that information in a sealed criminal record of another party may be relevant to (1) an issue of custody or visitation of a child, (2) abuse, as defined in section 1 of chapter 209A or (3) the safety of any person may upon motion seek to introduce the sealed record into evidence. The judge shall first review such records in camera and determine those records that are potentially relevant and admissible. The judge shall then conduct a closed hearing on the admissibility of those records determined to be potentially admissible; provided, however, that such records shall not be discussed in open court and, if admitted, shall be impounded and made available only to the parties, their attorneys and court personnel who have a demonstrated need to receive them.


An application for employment used by an employer which seeks information concerning prior arrests or convictions of the applicant shall include the following statement: “An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ to an inquiry herein relative to prior arrests or criminal court appearances. In addition, any applicant for employment may answer ‘no record’ with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution.” The attorney general may enforce the provisions of this paragraph by a suit in equity commenced in the superior court.


The commissioner, in response to inquiries by authorized persons other than any law enforcement agency, any court, or any appointing authority, shall in the case of a sealed record or in the case of court appearances and adjudications in a case of delinquency or the case of a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution, report that no record exists.


CREDIT(S)


Added by St.1971, c. 686, § 1. Amended by St.1973, c. 533, §§ 2, 3; St.1973, c. 1102, § 4; St.1974, c. 525; St.1975, c. 278; St.2010, c. 256, §§ 128 to 130, eff. May 4, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 100B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 100B. Requests to seal delinquency files or records; conditions; sealing by commissioner; notice for compliance; effect of sealing; limited disclosure


Any person having a record of entries of a delinquency court appearance in the commonwealth on file in the office of the commissioner of probation may, on a form furnished by the commissioner, signed under the penalties of perjury, request that the commissioner seal such file. The commissioner shall comply with such request provided (1) that any court appearance or disposition including court supervision, probation, commitment or parole, the records for which are to be sealed, terminated not less than three years prior to said request; (2) that said person has not been adjudicated delinquent or found guilty of any criminal offense within the commonwealth in the three years preceding such request, except motor vehicle offenses in which the penalty does not exceed a fine of fifty dollars nor been imprisoned under sentence or committed as a delinquent within the commonwealth within the preceding three years; and (3) said form includes a statement by the petitioner that he has not been adjudicated delinquent or found guilty of any criminal offense in any other state, United States possession or in a court of federal jurisdiction, except such motor vehicle offenses as aforesaid, and has not been imprisoned under sentence or committed as a delinquent in any state or county within the preceding three years.


When records of delinquency appearances and delinquency dispositions are sealed by the commissioner in his files, the commissioner shall notify forthwith the clerk and the probation officer of the courts in which the adjudications or dispositions have occurred, or other entries have been made, and the department of youth services of such sealing, and said clerks, probation officers, and department of youth services likewise shall seal records of the same proceedings in their files.


Such sealed records of a person shall not operate to disqualify a person in any future examination, appointment or application for public service under the government of the commonwealth or of any political subdivision thereof; nor shall such sealed records be admissible in evidence or used in any way in any court proceedings or hearings before any boards of commissioners, except in imposing sentence for subsequent offenses in delinquency or criminal proceedings.


Notwithstanding any other provision to the contrary, the commissioner shall report such sealed delinquency record to inquiring police and court agencies only as “sealed delinquency record over three years old” and to other authorized persons who may inquire as “no record”. The information contained in said sealed delinquency record shall be made available to a judge or probation officer who affirms that such person, whose record has been sealed, has been adjudicated a delinquent or has pleaded guilty or has been found guilty of and is awaiting sentence for a crime committed subsequent to sealing of such record. Said information shall be used only for the purpose of consideration in imposing sentence.


CREDIT(S)


Added by St.1972, c. 404.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 100C


Effective: May 4, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 100C. Sealing of records or files in certain criminal cases; effect upon employment reports; enforcement


In any criminal case wherein the defendant has been found not guilty by the court or jury, or a no bill has been returned by the grand jury, or a finding of no probable cause has been made by the court, the commissioner of probation shall seal said court appearance and disposition recorded in his files and the clerk and the probation officers of the courts in which the proceedings occurred or were initiated shall likewise seal the records of the proceedings in their files. The provisions of this paragraph shall not apply if the defendant makes a written request to the commissioner not to seal the records of the proceedings.


In any criminal case wherein a nolle prosequi has been entered, or a dismissal has been entered by the court, and it appears to the court that substantial justice would best be served, the court shall direct the clerk to seal the records of the proceedings in his files. The clerk shall forthwith notify the commissioner of probation and the probation officer of the courts in which the proceedings occurred or were initiated who shall likewise seal the records of the proceedings in their files.


Such sealed records shall not operate to disqualify a person in any examination, appointment or application for public employment in the service of the commonwealth or of any political subdivision thereof.


An application for employment used by an employer which seeks information concerning prior arrests or convictions of the applicant shall include in addition to the statement required under section one hundred A the following statement: “An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests or criminal court appearances.” The attorney general may enforce the provisions of this section by a suit in equity commenced in the superior court.


The commissioner or the clerk of courts in any district or superior court or the Boston municipal court, in response to inquiries by authorized persons other than any law enforcement agency or any court, shall in the case of a sealed record report that no record exists. After a finding or verdict of guilty on a subsequent offense such sealed record shall be made available to the probation officer and the same, with the exception of a not guilty, a no bill, or a no probable cause, shall be made available to the court.


CREDIT(S)


Added by St.1973, c. 322, § 1. Amended by St.1983, c. 312; St.1984, c. 123; St.2010, c. 256, §§ 131, 132, eff. May 4, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 100D


Effective: May 4, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 100D. Availability of sealed criminal record information


Notwithstanding any provision of section 100A, 100B, or 100C of this chapter, criminal justice agencies as defined in section 167 of chapter 6 shall have immediate access to, and be permitted to use as necessary for the performance of their criminal justice duties, any sealed criminal offender record information as defined in section 167 of chapter 6 and any sealed information concerning criminal offenses or acts of delinquency committed by any person before he attained the age of 17.


CREDIT(S)


Added by St.2010, c. 256, § 133, eff. May 4, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 101


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 101. Annual report of commissioner to general court


The commissioner of probation shall make an annual report to the general court of the probation work of the courts for the year ending on December thirty-first preceding. The report shall include such information as the commissioner may consider useful, with his suggestions or recommendations.


CREDIT(S)


Amended by St.1936, c. 30, § 1; St.1956, c. 731, § 23.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 101A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 101A. Establishment of uniform forms of blanks and records for use in district court probation offices


The commissioner of probation shall establish uniform forms of blanks and records for use in the probation offices of the district courts, and, upon receipt of competitive bids, the state purchasing agent shall order, at the expense of the commonwealth, and maintain such supply of said forms as the commissioner of probation shall determine to be necessary to meet the requirements of all such offices. The commissioner of probation shall from time to time distribute to the district and juvenile courts such quantities of such forms as he shall, with the probation officers of those courts, determine to be necessary. No forms of blanks and records other than those established and furnished hereunder shall be used in such probation offices unless approved by said commissioner.


CREDIT(S)


Added by St.1947, c. 364, § 1. Amended by St.1956, c. 731, § 24; St.1978, c. 478, § 297.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 102


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 102. Effect of Secs. 98 to 101A on authority of courts


Sections ninety-eight to one hundred and one A, inclusive, shall not affect the authority of the courts to require the keeping by their probation officers of probation records in addition to those necessary to conform to forms of records and reports prescribed by the commissioner of probation nor the authority of the courts to approve expenses and disbursements relating to the probation system.


CREDIT(S)


Amended by St.1947, c. 364, § 2; St.1956, c. 731, § 25.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 § 103


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation (Refs & Annos)

§ 103. Notice to commissioner of appointment, removal, etc., of probation officer


Upon the appointment, removal, retirement, resignation, death, or leave of absence of a probation officer, the clerk of the court by which said probation officer was appointed shall notify forthwith the commissioner of probation of such appointment, removal, retirement, resignation, death, or leave of absence.


CREDIT(S)


Amended by St.1956, c. 731, § 26; St.1978, c. 141.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. II, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Appendix to Chapter 276



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. II, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Appendix to Chapter 276

Agreement on Detainers


UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT


<Table of Jurisdictions Wherein Act Has Been Adopted>


Jurisdiction

Laws

Effective Date

Statutory Citation

Alabama

1978, No. 590

4-27-1978

Code 1975, §§ 15-9-80 to 15-9-88.

Arizona

 

 

17 A.R.S. Rules of Crim.Proc., rule 8.3(b).

Colorado

1969, p. 291

10-1-1969

West's C.R.S.A. §§ 16-14-101 to 16-14-108.

Kansas

1970, c. 129

7-1-1970

K.S.A. 22-4301 to 22-4308.

Massachusetts

1965, c. 892

1-7-1966 [FN*]

M.G.L.A. 276 App. §§ 1-1 to 1-8.

Minnesota

1967, c. 294

5-4-1967

M.S.A. § 629.292.

Missouri

1959, H.B. 259

7-1-1971

V.A.M.S. §§ 217.450 to 217.485.

North Dakota

1971, c. 321

 

NDCC 29-33-01 to 29-33-08.

Utah

1980, c. 15

7-1-1980

U.C.A.1953, §§ 77-29-1 to 77-29-4.


Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 App. § 1-1


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Appendix to Chapter 276 (Refs & Annos)

Agreement on Detainers (Refs & Annos)

§ 1-1. Form and contents


An agreement is hereby entered into by this commonwealth with all other jurisdictions legally joining therein in substantially the following form:


AGREEMENT ON DETAINERS


The contracting states solemnly agree that:


ARTICLE I.


The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the purpose of this agreement to provide such cooperative procedures.


ARTICLE II.


As used in this agreement:


(a) “State” shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.


(b) “Sending state” shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof.


(c) “Receiving state” shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV hereof.


ARTICLE III.


(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint; provided, that, for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.


(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of correction or other official having custody of the prisoner, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.


(c) The warden, commissioner of correction or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information or complaint on which the detainer is based.


(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of correction or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.


(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.


(f) Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.


ARTICLE IV.


(a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending, shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with paragraph (a) of Article V upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided, that, the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request; and, provided further, that there shall be a period of thirty days after receipt by the appropriate authorities before the request is honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his own motion or upon the motion of the prisoner.


(b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.


(c) In respect to any proceeding made possible by this Article, trial shall be commenced within one hundred twenty days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.


(d) Nothing contained in this Article shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.


(e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to Article V(e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.


ARTICLE V.


(a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.


(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:


(1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given.


(2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.


(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.


(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.


(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.


(f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.


(g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.


(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.


ARTICLE VI.


(a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.


(b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.


ARTICLE VII.


Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.


ARTICLE VIII.


This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.


ARTICLE IX.


This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matter.


CREDIT(S)


St.1965, c. 892, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 App. § 1-2


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Appendix to Chapter 276 (Refs & Annos)

Agreement on Detainers (Refs & Annos)

§ 1-2. Appropriate court


The phrase “Appropriate court”, as used in the Agreement on Detainers, shall, with reference to the courts of this commonwealth mean the municipal court of the city of Boston, district courts, the superior court or the supreme judicial court.


CREDIT(S)


St.1965, c. 892, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 App. § 1-3


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Appendix to Chapter 276 (Refs & Annos)

Agreement on Detainers (Refs & Annos)

§ 1-3. Enforcement; cooperation


All courts, departments, agencies, officers and employees of this commonwealth and its political subdivisions are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing said agreement and effectuating its purpose.


CREDIT(S)


St.1965, c. 892, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 App. § 1-4


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Appendix to Chapter 276 (Refs & Annos)

Agreement on Detainers (Refs & Annos)

§ 1-4. Habitual criminals; application of act


Nothing in the Agreement on Detainers shall be construed to require the application of the habitual offenders law to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement.


CREDIT(S)


St.1965, c. 892, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 App. § 1-5


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Appendix to Chapter 276 (Refs & Annos)

Agreement on Detainers (Refs & Annos)

§ 1-5. Escape


A prisoner who escapes or attempts to escape from custody while in another state or while in this commonwealth pursuant to the Agreement on Detainers may be pursued and recaptured and shall be punished by imprisonment in the state prison in this commonwealth for not more than ten years or by imprisonment in a jail or house of correction in this commonwealth for not more than two and one half years.


CREDIT(S)


St.1965, c. 892, § 5.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 App. § 1-6


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Appendix to Chapter 276 (Refs & Annos)

Agreement on Detainers (Refs & Annos)

§ 1-6. Surrender of inmates


It shall be lawful and mandatory upon the superintendent or other official in charge of a penal or correctional institution of this commonwealth to give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers.


CREDIT(S)


St.1965, c. 892, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 App. § 1-7


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Appendix to Chapter 276 (Refs & Annos)

Agreement on Detainers (Refs & Annos)

§ 1-7. Administration


The governor may designate an officer of the commonwealth to act as compact administrator of and information agent for the Agreement on Detainers.


CREDIT(S)


St.1965, c. 892, § 7.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276 App. § 1-8


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Appendix to Chapter 276 (Refs & Annos)

Agreement on Detainers (Refs & Annos)

§ 1-8. Copies of agreement


Copies of this agreement shall, upon its approval, be transmitted to the governor of each contracting state, the attorney general of the United States, the administrator of general services of the United States, and the council of state governments.


CREDIT(S)


St.1965, c. 892, § 8.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. II, Ch. 276A, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276A. District Court Pretrial Diversion of Selected Offenders



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276A § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276A. District Court Pretrial Diversion of Selected Offenders (Refs & Annos)

§ 1. Definitions


The following words, as used in this chapter, unless the context otherwise requires, shall have the following meanings:--


“Assessment”, a thorough and complete measurement of the needs of an individual in, but not limited to, the following areas: education, vocational training, job placement, mental and physical health, family and social services, and an analysis of a defendant's commitment to participate in a program of community supervision and services.


“Commissioner”, the commissioner of probation.


“Director”, the person in charge of the operation of a program of community supervision and services.


“Official designee”, a representative of a program of community supervision and service who has been approved by the presiding justice of a district court to work in conjunction with that court's probation office to screen defendants who may be eligible for diversion.


“Plan of service”, a comprehensive and cohesive set of recommended programs and specific services to meet the needs of individuals as determined through assessment.


“Program”, any program of community supervision and services certified or approved by the commissioner of probation under the provisions of section eight, including, but not limited to, medical, educational, vocational, social and psychological services, corrective and preventive guidance, training, performance of community service work, counseling, provision for residence in a halfway house or other suitable place, and other rehabilitative services designed to protect the public and benefit the individual.


CREDIT(S)


Added by St.1974, c. 781. Amended by St.1984, c. 294, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276A § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276A. District Court Pretrial Diversion of Selected Offenders (Refs & Annos)

§ 2. Jurisdiction of court


The district courts, and in Boston, the municipal court of the city of Boston, shall have jurisdiction to divert to a program, as defined in section one, any person who is charged with an offense or offenses against the commonwealth for which a term of imprisonment may be imposed and over which the district courts may exercise final jurisdiction and who has reached the age of seventeen years but has not reached the age of twenty-two, who has not previously been convicted of a violation of any law of the commonwealth or of any other state or of the United States in any criminal court proceeding after having reached the age of seventeen years, except for traffic violations for which no term of imprisonment may have been imposed, who does not have any outstanding warrants, continuances, appeals or criminal cases pending before any courts of the commonwealth or any other state or of the United States, and who has received a recommendation from a program that he would, in light of the capacities of and guidelines governing it, benefit from participation in said program.


CREDIT(S)


Added by St.1974, c. 781.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276A § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276A. District Court Pretrial Diversion of Selected Offenders (Refs & Annos)

§ 3. Screening of defendants; continuance


The probation officers of a district or municipal court, or their official designee, when gathering information in accordance with section eighty-five of chapter two hundred and seventy-six, shall also screen each defendant for the purpose of enabling the judge at arraignment to consider the eligibility of the defendant for diversion to a program.


Any defendant who is qualified for consideration for diversion to a program may, at his arraignment, be afforded a fourteen-day continuance for assessment by the personnel of a program to determine if he would benefit from such program.


If a defendant chooses to accept the offer of a continuance for the purpose of such an assessment, he shall so notify the judge at arraignment. Upon receipt of such notification, the judge shall grant a fourteen-day continuance. The judge, through the probation office or its official designee, shall direct the defendant to a program and shall inform said program of such action.


The judge may, in his discretion, grant a defendant who is preliminarily determined not to be eligible because of a failure to satisfy all the requirements of section two, a like fourteen-day continuance for assessment. In arriving at such a decision the opinion of the prosecution should be taken into consideration. Such a continuance may be granted upon the judge's own initiative or upon request by the defendant.


CREDIT(S)


Added by St.1974, c. 781.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276A § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276A. District Court Pretrial Diversion of Selected Offenders (Refs & Annos)

§ 4. Inapplicability of chapter to certain otherwise eligible persons


In the event that an individual who is eligible under the provisions of section two is charged with a violation of chapter ninety-four C, nothing in this chapter shall be construed to limit the effect or operation of sections thirty-eight to fifty-five, inclusive, of chapter one hundred and twenty-three.


In the event that an individual who is eligible under the provisions of section two is charged with a violation of one or more of the offenses enumerated in section three of chapter one hundred and twenty-three A, the provisions of this chapter shall not be applicable for said defendant.


A person charged with violating the provisions of subsection (a) of section fifteen A, subsection (a) of section fifteen B, subsection (a) of section eighteen and subsection (a) of section nineteen of chapter two hundred and sixty-five or subsection (a) of section twenty-five of chapter two hundred and sixty-six shall, for the second or subsequent such offense, not be diverted to a program as provided in section two.


CREDIT(S)


Added by St.1974, c. 781. Amended by St.1981, c. 678, § 6; St.1986, c. 557, § 202.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276A § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276A. District Court Pretrial Diversion of Selected Offenders (Refs & Annos)

§ 5. Assessment report; recommendations; final determination; stay of criminal proceedings


Upon the expiration of a fourteen-day continuance granted pursuant to section three, the director of the program to which the defendant has been referred shall submit to the court a written report of its assessment. The report shall contain the information obtained through the program's assessment, the program's recommendation as to whether the defendant would benefit from diversion to the program, and a plan of services for the defendant if it has been determined that the defendant would so benefit.


The judge, upon receipt of the report, shall provide an opportunity for a recommendation by the prosecution regarding the diversion of the defendant. After receiving the report and having provided an opportunity for the prosecution to make its recommendation, the judge shall make a final determination as to the eligibility of the defendant for diversion to the program. The criminal proceedings of a defendant who qualifies for diversions under section two and who agrees to abide by the terms and conditions contained in the plan of services approved by the judge, shall be stayed for a period of ninety days, unless the judge in his discretion considers that the interest of justice would best be served by a hearing of the facts, after which the case may be continued without a finding for ninety days. No appeal shall be allowed from such final determination.


A defendant who has been determined to be ineligible by reason of his failure to satisfy certain provisions of section two, but who, in the judge's discretion, received a fourteen-day continuance for assessment, may, on the basis of the report submitted by a program, be granted a like stay of proceedings.


In no event shall a stay of proceedings be granted pursuant to this section unless the defendant consents in writing to the terms and conditions of the stay of proceedings and knowingly executes a waiver of his right to a speedy trial on a form approved by the chief justice of the district courts, and, in Boston, the chief justice of the municipal court of the city of Boston. Such consent shall be with the advice of defendant's counsel. Any request for assessment, or a decision by the defendant not to enter such a program, or a determination by the program that the defendant would not benefit from it, or any statement made by the defendant during the course of assessment, shall not be admissible against the defendant in any criminal proceedings; nor shall any consent by the defendant to the stay of proceedings or any act done or statement made in fulfillment of the terms and conditions of such stay of proceedings be admissible as an admission, implied or otherwise, against the defendant, should the stay of proceedings be terminated and criminal proceedings resumed on the original charge or charges. No statement or other disclosure or records thereof made by a defendant during the course of assessment or during the stay of proceedings shall be disclosed at any time to a prosecutor or other law enforcement officer in connection with the charge or charges pending against said defendant or any co-defendant.


CREDIT(S)


Added by St.1974, c. 781.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276A § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276A. District Court Pretrial Diversion of Selected Offenders (Refs & Annos)

§ 6. Violations by defendant; hearing; termination of stay


During a stay of proceedings or a continuance without a finding, as provided in section five, the director of a program shall submit periodic reports to the court relative to the progress of the defendant. The director shall also report violations of program conditions or subsequent arrests immediately upon notice thereof.


If the defendant during the stay of proceedings or a continuance without a finding violates a condition of the program or is charged with a subsequent offense, a judge in the court that entered the stay of proceedings may issue such process as is necessary to bring the defendant before the court. When the defendant is brought before the court, the judge shall afford him an opportunity to be heard. If the judge finds that the defendant has committed a violation of a condition of the program or that he has been charged with a subsequent offense, the judge may order, when appropriate, that the stay of proceedings be terminated and that the commonwealth proceed on the original charges as provided by law. No appeal shall be allowed from such an order.


CREDIT(S)


Added by St.1974, c. 781.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276A § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276A. District Court Pretrial Diversion of Selected Offenders (Refs & Annos)

§ 7. Expiration of stay or continuance; report of successful completion or recommendation of extension


Upon the expiration of the initial ninety-day stay of proceedings or a continuance without a finding, the program director shall submit to the court a report indicating the successful completion of the program by a defendant or recommending an extension of the stay of proceedings or a continuance without a finding for not more than an additional ninety days, so that the defendant may complete the program successfully.


If the report indicates the successful completion of the program by a defendant, the judge may dismiss the original charges pending against the defendant. If the report recommends an extension of the stay of proceedings or a continuance without a finding, the judge may, on the basis of the report and any other relevant evidence, take such action as he deems appropriate, including the dismissal of the charges, the granting of an extension of the stay of proceedings or a continuance without a finding, or the resumption of criminal proceedings. In the event that an extension of the stay of proceedings or a continuance without a finding is granted, the program director shall submit a final report upon the expiration of such stay of proceedings.


CREDIT(S)


Added by St.1974, c. 781.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276A § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276A. District Court Pretrial Diversion of Selected Offenders (Refs & Annos)

§ 8. Certification of programs; renewal; revocation


The office of the commissioner shall, in its discretion, certify, monitor and aid all programs to which defendants may be diverted pursuant to this chapter. The certification of programs shall be subject to the approval of the presiding justice of the individual court which would be the beneficiary of such services. The office of the commissioner shall, in its discretion, (a) issue for a term of two years, and may renew for like terms, a certification, subject to revocation for cause, to any person, partnership, corporation, society, association or other agency or entity of any kind, other than a licensed general hospital or a department, agency or institution of the federal government, the commonwealth or any political subdivision thereof, deemed to be responsible and suitable to establish and maintain such a program and to meet applicable certification standards and requirements; and in the case of a department, agency or institution of the commonwealth or any political subdivision thereof, grant approval to establish and maintain a program for a term of two years, and may renew such approval for like terms, subject to revocation for cause; (b) promulgate, in consultation with the advisory board established in section nine, rules and regulations establishing certification and approval standards and requirements; (c) establish limits for caseloads and enrollment so that programs are able to provide high quality intensive individualized service to those defendants participating in such programs; (d) procure, where appropriate, by contract, the personnel, facilities, services, and materials necessary to carry out the purposes of this act, subject to all applicable laws and regulations; (e) prepare reports for said advisory board showing the progress of all programs in fulfilling the purposes set forth; (f) notify the appropriate presiding justice of the individual court that adequate facilities and personnel are available to fulfill a plan of community supervision and services for that court; (g) provide technical assistance to such program as may be certified hereunder; (h) provide for the audit of any funds expended by the office for the support of programs certified hereunder; (i) promote the cooperation of all agencies which provide education, training, counseling, legal, employment, or other services to assure that eligible individuals released to programs may benefit to the maximum extent practicable; (j) prepare and submit an annual report to the chief justices of the supreme judicial, appeals, superior and district courts and to all justices in the district court system evaluating the performance of all programs.


CREDIT(S)


Added by St.1974, c. 781.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276A § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276A. District Court Pretrial Diversion of Selected Offenders (Refs & Annos)

§ 9. Advisory board; members; expenses; duties


There shall be an advisory board to the office of the commissioner for the overseeing of programs. The members of the advisory board shall be the attorney general, the commissioners of education, mental health, rehabilitation and welfare, a district court judge, the deputy director of the division of employment and training, the president of the Massachusetts District Attorney's Association, or their respective designees, and seven experts in the area of human services to the sociologically and economically disadvantaged through community based programs to be appointed by the governor for terms of two years, one of whom shall be an ex-offender. The members of the advisory board shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their duties. The advisory board shall annually select its chairman from among its members.


The advisory board shall assist the commissioner in coordinating the efforts of all public agencies and private organizations and individuals within the commonwealth concerned with the providing of services to defendants by said programs.


CREDIT(S)


Added by St.1974, c. 781. Amended by St.1990, c. 177, § 368; St.1998, c. 161, § 559.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276A § 10


Effective: May 31, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276A. District Court Pretrial Diversion of Selected Offenders (Refs & Annos)

§ 10. Diversion of veterans, persons on active service in the armed forces or persons with history of military service


A probation officer of a district court, in Boston, the municipal court of the city of Boston or the officer's official designee, when gathering information in accordance with section 85 of chapter 276, shall, at or prior to arraignment of a defendant on a criminal complaint, use best efforts to confirm the defendant's status as a veteran, as defined in clause Forty-third of section 7 of chapter 4, a person on active service in the armed forces of the United States, as defined in said clause Forty-third of said section 7 of said chapter 4 or a person with a history of military service in the armed forces of the United States.


The district courts, and in Boston, the municipal court of the city of Boston, shall have jurisdiction to divert to a program any person who is a veteran, as defined in said clause Forty-third of said section 7 of said chapter 4, on active service in the armed forces of the United States, as defined in said clause Forty-third of said section 7 of said chapter 4, or who has history of military service in the armed forces of the United States who is charged with an offense against the commonwealth for which a term of imprisonment may be imposed, regardless of age, who has not previously been convicted of a violation of any law of the commonwealth or of any other state or of the United States in any criminal court proceeding after having reached the age of 18 years, except for traffic violations for which no term of imprisonment may have been imposed, who does not have any outstanding warrants, continuances, appeals or criminal cases pending before any courts of the commonwealth or any other state or of the United States and who has received a recommendation from a program that such person would, in light of the capacities of and guidelines governing it, benefit from participation in said program.


CREDIT(S)


Added by St.2012, c. 108, § 16, eff. May 31, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 276A § 11


Effective: May 31, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 276A. District Court Pretrial Diversion of Selected Offenders (Refs & Annos)

§ 11. Continuance for veterans, persons on active service in the armed forces or persons with history of military service for assessment and advisement by state or federal agency having knowledge and experience in veterans affairs


A defendant who is determined to be a veteran, on active service or has a history of military service in the armed forces of the United States and who is eligible for diversion or treatment under section 10 may, at arraignment, be afforded a 14-day continuance by the court to seek an assessment by the United States Department of Veterans Affairs, the department of veterans' services or another state or federal agency with suitable knowledge and experience of veterans affairs to provide the court with treatment options available to the defendant, including diversion programs, if appropriate. If the defendant has demonstrated symptomatology suggestive of a mental illness, a qualified psychiatrist, clinical psychologist or physician shall, in consultation with the United States Department of Veterans Affairs, the department of veterans' services or another federal or state agency, provide a written report to the court to assist in sentencing or diversion. The court may consider the recommendations of any diagnosing or treating licensed mental health professional for the defendant for pre-trial diversion or the imposition of a sentence. Prior to offering a continuance, the court shall inquire into the circumstances of the charge.


If the court offers a 14-day continuance to seek an assessment and a defendant chooses to accept the offer of a continuance, the defendant shall notify the court at arraignment. Upon receipt of such notification, the judge may grant a 14-day continuance. The court, through the probation office or the officer's official designee, shall direct the defendant to an assessment program, shall inform the program of the action and shall require that the program provide the probation department and court with its findings. A court may grant a defendant who is preliminarily determined not to be eligible for pre-trial diversion a 14-day continuance for assessment. The court shall consider the opinion of the commonwealth on the merits of granting or denying the continuance. A court may grant a continuance sua sponte or upon motion by the defendant.


CREDIT(S)


Added by St.2012, c. 108, § 16, eff. May 31, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. II, Ch. 277, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 1. Issuance of writs of venire facias for grand jurors; attendance at sittings of court


The clerk of the courts for each county, except Suffolk, Middlesex, Essex, Hampden, Norfolk, Plymouth and Worcester shall, not less than twenty-eight days before the commencement of the first sitting of the superior court for criminal business in each year, issue writs of venire facias for forty-five veniremen, from whose numbers the court shall select twenty-three grand jurors who shall serve in said court until the first regular sitting in the year next after they have been impanelled and until another grand jury has been impanelled in their stead. In counties where sittings of the court are established for the transaction of criminal business, they shall be required to attend only at such sittings.


CREDIT(S)


Amended by St.1964, c. 326, § 1; St.1966, c. 235, § 1; St.1966, c. 415, § 1; St.1973, c. 464, § 1; St.1975, c. 809, § 1; St.1977, c. 315, § 1; St.1977, c. 862, § 1; St.1978, c. 323, § 1; St.1979, c. 344, § 27.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 1A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 1A. Completion of investigations by grand juries; notice; order


Upon a written notice by the attorney general or any district attorney made to any justice of the superior court that public necessity requires further time by a grand jury to complete an investigation then in progress, the court may order such grand jury to continue to serve until said investigation has been completed and shall take up no new matter.


This section shall not be construed to prevent the issuance of writs of venire facias authorized by section one for impanelling a grand jury whose duty shall include all business not then before the grand jury continued under authorization of this section.


CREDIT(S)


Added by St.1952, c. 494.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 2. Suffolk county; issuance of writs of venire facias for grand jurors


The clerk of the superior court for criminal business in Suffolk county shall, not less than twenty-eight days before the first Mondays of January and July, respectively, issue writs of venire facias for forty-five veniremen of whom thirty-nine shall be from Boston and two each from Chelsea, Revere and Winthrop. From these forty-five veniremen the court shall then select twenty-three grand jurors to serve in said court, who shall serve for each sitting thereof for six months and until another grand jury has been impanelled in their stead.


CREDIT(S)


Amended by St.1932, c. 144, § 6; St.1966, c. 235, § 2; St.1966, c. 415, § 2; St.1979, c. 130, § 1; St.1979, c. 344, § 28.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 2A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 2A. Issuance of writs of venire facias for special grand jury


The clerk of the courts in any county, or in Suffolk county the clerk of the superior court for criminal business, shall, upon written request of the attorney general accompanied by a certificate that public necessity requires such action, signed by the chief justice of the superior court, issue writs of venire facias for forty-five veniremen of whom the court shall select twenty-three for service as a special grand jury to hear, consider and report on such matters as the attorney general may present. Said jurors shall serve for a period of six months, unless sooner discharged by the attorney general or by the said chief justice, and shall be drawn, summoned and returned in the same manner, and shall have the same powers and receive the same compensation, as grand jurors summoned for service under sections one and two, and the provisions of sections three to fourteen, so far as apt, shall apply to such jurors. In Middlesex county, the clerk of the courts shall send a letter of venire to the jury commissioner as set forth in section twelve of chapter two hundred and thirty-four A.


CREDIT(S)


Amended by St.1966, c. 235, § 3; St.1966, c. 415, § 3; St.1977, c. 415, § 10; St.1979, c. 344, § 29.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 2B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 2B. Middlesex county; issuance of letters of venire for grand jurors


The clerk of courts in Middlesex county shall, not less than seventy days before the first Monday of January and July, respectively, issue letters of venire to the jury commissioner for thirty-five prospective grand jurors from whom the court shall select twenty-three grand jurors who shall serve in said court for each sitting thereof for six months and until another grand jury has been impanelled in their stead.


CREDIT(S)


Added by St.1964, c. 326, § 2. Amended by St.1966, c. 235, § 4; St.1966, c. 415, § 4; St.1977, c. 415, § 11.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 2C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 2C. Hampden county; issuance of writs of venire facias for grand jurors


The clerk of the court for Hampden county shall, not less than twenty-eight days before the first Mondays of January and May, and the second Monday of September respectively, issue writs of venire facias for forty-five veniremen from whom the court shall select twenty-three grand jurors to serve in said court, who shall serve for each sitting thereof for four months and until another grand jury has been impanelled in their stead.


CREDIT(S)


Added by St.1973, c. 464, § 2. Amended by St.1979, c. 344, § 30.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 2D


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 2D. Plymouth county; issuance of writs of venire facias for grand jurors


The clerk of the court for Plymouth County shall, not less than twenty-eight days before the first Mondays of January and May, and the second Monday of September respectively, issue writs of venire facias for forty-five veniremen from whom the court shall select twenty-three grand jurors to serve in said court, who shall serve for each sitting thereof for four months and until another grand jury has been impanelled in their stead.


CREDIT(S)


Added by St.1975, c. 809, § 2. Amended by St.1979, c. 344, § 31.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 2E


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 2E. Worcester county; issuance of writs of venire facias for grand jurors


The clerk of the court for Worcester county shall, not less than twenty-eight days before the first Mondays of January and May, and the second Monday of September, respectively, issue writs of venire facias for fifty veniremen from whom the court shall select twenty-three grand jurors to serve in said court, who shall serve for each sitting thereof for four months and until another grand jury has been impanelled in their stead.


CREDIT(S)


Added by St.1977, c. 315, § 2. Amended by St.1978, c. 518, § 1; St.1979, c. 130, § 2; St.1979, c. 344, § 32; St.1980, c. 261, § 29.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 2F


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 2F. Norfolk county; issuance of writs of venire facias for grand jurors


The clerk of the court for Norfolk county shall, not less than twenty-eight days before the first Mondays of January and July respectively, issue writs of venire facias for fifty veniremen from whom the court shall select twenty-three grand jurors to serve in said court, who shall serve for each sitting thereof for six months and until another grand jury has been impanelled in their stead.


CREDIT(S)


Added by St.1977, c. 862, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 2G


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 2G. Essex county; issuance of writs of venire facias for grand jurors


The clerk of the court for Essex county shall, not less than twenty-eight days before the first Mondays of January and May, and the second Monday of September respectively, issue writs of venire facias for forty-five veniremen from whom the court shall select twenty-three grand jurors to serve in said court, who shall serve for each sitting thereof for four months and until another grand jury has been impanelled in their stead.


CREDIT(S)


Added by St.1978, c. 323, § 2. Amended by St.1979, c. 344, § 32A.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 2H


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 2H. Bristol county; issuance of writs of venire facias for grand jurors


The clerk of the court for Bristol county shall, not less than twenty-eight days before the first Mondays of January and July respectively, issue writs of venire facias for fifty veniremen from whom the court shall select twenty-three grand jurors to serve in said court, who shall serve for each sitting thereof for six months and until another grand jury has been impanelled in their stead.


CREDIT(S)


Added by St.1984, c. 470.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 3. Drawing and summoning of grand jurors


Grand jurors shall be drawn, summoned and returned in the same manner as traverse jurors; and, if drawn at the same time with traverse jurors, the number of persons required whose names are first drawn shall be returned as grand jurors, and those whose names are afterward drawn shall be returned as traverse jurors. In Middlesex county, the selection and management of grand jurors shall be governed by chapter two hundred and thirty-four A and other applicable provisions of the General Laws.


CREDIT(S)


Amended by St.1977, c. 415, § 12.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 3A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 3A. Suffolk county; impanelling grand jurors


On the day when veniremen are summoned pursuant to section one, section two, section two A, section two B, section two C, section two D, section two E or section two F to attend court for the formation of a grand jury, the clerk of courts in any county, or in Suffolk county the clerk of the superior court for criminal business, shall cause the name of each person so summoned, and who appears and who has not been excused or set aside, to be written on separate ballots, substantially of uniform size, and shall cause such ballots to be placed in a box provided therefor. The clerk in open court, after shaking the ballots thoroughly, shall draw them out in succession until he has drawn the names of twenty-three grand jurors.


CREDIT(S)


Added by St.1966, c. 235, § 5; St.1966, c. 415, § 5. Amended by St.1973, c. 464, § 3; St.1975, c. 809, § 2A; St.1977, c. 315, § 3; St.1977, c. 862, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 4. Deficiency of grand jurors


If there is a deficiency of grand jurors, writs of venire facias may be issued to the constables of such towns as the court orders to return forthwith the further number of grand jurors required. In Middlesex county, letters of venire shall be issued to the jury commissioner as set forth in chapter two hundred and thirty-four A.


CREDIT(S)


Amended by St.1977, c. 415, § 13.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 5. Impanelling and oath


The clerk of the court shall prepare an alphabetical list of the names of all persons returned as grand jurors, and, when they are to be impanelled, the first two persons named thereon shall be first called, and the following oath shall be administered to them:


You, as grand jurors of this inquest for the body of this county of , do solemnly swear that you will diligently inquire, and true presentment make, of all such matters and things as shall be given you in charge; the commonwealth's counsel, your fellows' and your own, you shall keep secret; you shall present no man for envy, hatred or malice, neither shall you leave any man unpresented for love, fear, favor, affection or hope of reward; but you shall present things truly, as they come to your knowledge, according to the best of your understanding; so help you God.


The other jurors shall then be called in such divisions as the court considers proper, and the following oath shall be administered to them:


The same oath which your fellows have taken on their part, you and each of you on your behalf shall well and truly observe and keep; so help you God.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 6. Affirmation in lieu of oath


If a person who is returned as a grand juror is conscientiously scrupulous of taking the oath prescribed, he may affirm.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 7 to 10. Repealed, 1979, 344, Sec. 33



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 7 to 10. Repealed, 1979, 344, Sec. 33



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 7 to 10. Repealed, 1979, 344, Sec. 33



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 7 to 10. Repealed, 1979, 344, Sec. 33



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 11. Re-summoning at same sitting


If the grand jury are dismissed before the court is adjourned without day, they may be summoned to attend again in the same sitting, at such time as the court orders.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 12, 13. Repealed, 1979, 344, Sec. 33



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 12, 13. Repealed, 1979, 344, Sec. 33



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 14. Grand juror serving as traverse juror


No member of the grand jury which has found an indictment shall serve upon the jury for the trial thereof.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 14A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 14A. Right to counsel; grand jury proceedings


Any person shall have the right to consult with counsel and to have counsel present at every step of any criminal proceeding at which such person is present, including the presentation of evidence, questioning, or examination before the grand jury; provided, however, that such counsel in a proceeding before a grand jury shall make no objections or arguments or otherwise address the grand jury or the district attorney. No witness may refuse to appear for reason of unavailability of counsel for that witness.


CREDIT(S)


Added by St.1977, c. 770.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 15. Discharge of accused person not indicted


The grand jury shall, during its session, make daily return to the court of all cases wherein it has finally determined not to present an indictment against an accused person held in custody pending its action, and such person shall thereupon forthwith be discharged by order of the court unless he is held on other process. Whoever is held in custody on a charge of crime shall be discharged if he is not indicted before the end of the second sitting of the court at which he is held to answer, unless the court finds that the witnesses for the prosecution have been enticed or kept away, or are detained and prevented from attending the court by illness or accident, and except as provided in the following section.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 16. Repealed, 1970, 888, Sec. 7



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 17


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 17. Repealed, 1979, 344, Sec. 33



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 18. Circumstances of the act


The circumstances of the act may be stated according to their legal effect, without a full description thereof.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 19


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 19. Name of accused person; description by fictitious name; entry of true name


If the name of an accused person is unknown to the grand jury, he may be described by a fictitious name or by any other practicable description, with an allegation that his real name is unknown. An indictment of the defendant by a fictitious or erroneous name shall not be ground for abatement; but if at any subsequent stage of the proceedings his true name is discovered, it shall be entered on the record and may be used in the subsequent proceedings, with a reference to the fact that he was indicted by the name or description mentioned in the indictment.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 20


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 20. Time and place of commission of crime


The time and place of the commission of the crime need not be alleged unless it is an essential element thereof. The allegation of time in the caption shall, unless otherwise stated, be considered as an allegation that the act was committed before the finding of the indictment, after it became a crime, and within the period of limitations. The name of the county and court in the caption shall, unless otherwise stated, be considered as an allegation that the act was committed within the territorial jurisdiction of the court. All allegations of the indictment shall, unless otherwise stated, be considered to refer to the same time and place.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 21


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 21. Means


The means by which a crime is committed need not be alleged in the indictment unless an essential element of the crime.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 22


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 22. Description of written instrument; variance


If an allegation relative to a written instrument consisting wholly or in part of writing, print or figures is necessary, it may describe such instrument by any name or designation by which it is usually known, or by the purport thereof, without setting out a copy or facsimile of the whole or of any part thereof; and no variance between such recital or description and the instrument produced at the trial shall be material, if the identity of the instrument is evident and the purport thereof is so described as not to prejudice the defendant.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 23


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 23. Description of money


If an allegation relative to any bullion, money, notes, bank notes, checks, drafts, bills of exchange, obligations or other securities for money of any country, state, county, city, town, bank, corporation, partnership or person is necessary, it may describe it as money, without specifying any particulars thereof; and such descriptive allegation shall be sustained by proof of any amount of bullion, money, notes or other securities for money as aforesaid, although the particular nature thereof shall not be proved.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 24


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 24. Description of value or price


The value or price of property need not be stated, unless an essential element of the crime. If the nature, degree or punishment of a crime depends upon the fact that the property exceeds or does not exceed a certain value, it may be described, as the case may be, of more than that value, or of not more than that value.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 25


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 25. Description of ownership


If an indictment for a crime involving the commission or attempted commission of an injury to property describes the property with sufficient certainty in other respects to identify the act, it need not allege the name of the owner.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 26


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 26. Description of public place


If one element of the criminality of an act is its commission in a public place, and if such place is not more particularly defined in the statute, the act may be alleged generally to have been committed “in a public place”.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 27


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 27. Description of animal


In an indictment for the larceny of an animal, or for any other crime in respect thereof, it may be described by the name by which it is commonly known, without stating its age or sex or whether it is alive or dead.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 28


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 28. Description of judicial proceedings


If it is necessary to set forth the judicial proceedings in any case then or formerly pending in any court, civil or military, or any proceedings before a justice of the peace or any other magistrate, only the substance of said proceedings or such part thereof as shall constitute in whole or in part the crime charged need be alleged.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 29


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 29. Criminal responsibility


An allegation that the defendant committed the act charged shall be a sufficient allegation that he was criminally responsible therefor.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 30


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 30. Intent to injure or defraud; general allegation


If an intent to injure or defraud is an essential element of a crime, an intent to injure or defraud may be alleged generally, without naming the person, corporation or government intended to be injured or defrauded. Proof of an intent to injure or defraud any person or body corporate shall be competent to support the allegation.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 31


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 31. Alternative allegations


Different means or different intents by or with which a crime may be committed may be alleged in the same count in the alternative.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 32


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 32. Continuing offenses


An allegation that a crime was committed or that certain acts were done during a certain period of time next before the finding of the indictment shall be a sufficient allegation that the crime alleged was committed or that the acts alleged were done on divers days and times within that period.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 33


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 33. Unnecessary and immaterial allegations


Presumptions and conclusions of law, matters of which judicial notice is taken and allegations not required to be proved need not be alleged. An indictment shall not be considered defective or insufficient because it omits to allege that the crime was committed, or the act was done “traitorously”, “feloniously”, “burglariously”, “wilfully”, “maliciously”, “negligently”, “unlawfully” or otherwise similarly to describe the crime, unless such description is an element of the crime charged, or because it omits to allege that the crime was committed or done with “force and arms”, or “against the peace”, or against the form of the statute or statutes, or against a by-law, ordinance, order, rule or regulation of any public authority, or because it omits to state or misstates the title, occupation, estate or degree of the defendant or of any other person named in the indictment, or of the name of the county, city, town or place of his residence, unless such omission or misstatement tends to the prejudice of the defendant, or by reason of describing a fine or forfeiture as enuring to the use of the commonwealth instead of to the use of the county, city or town, or by reason of any misstatement as to the appropriation of any fine or forfeiture, or by reason of its failure to allege or recite a special statute or a by-law or ordinance of a city or town or order of the mayor and aldermen or selectmen or rules or regulations of any public board of officers.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 34


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 34. Immaterial defects


An indictment shall not be dismissed or be considered defective or insufficient if it is sufficient to enable the defendant to understand the charge and to prepare his defense; nor shall it be considered defective or insufficient for lack of any description or information which might be obtained by requiring a bill of particulars.


CREDIT(S)


Amended by St.1979, c. 344, § 34.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 35


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 35. Variance; prejudice


A defendant shall not be acquitted on the ground of variance between the allegations and proof if the essential elements of the crime are correctly stated, unless he is thereby prejudiced in his defence. He shall not be acquitted by reason of an immaterial misnomer of a third party, an immaterial mistake in the description of property or the ownership thereof, failure to prove unnecessary allegations in the description of the crime or any other immaterial mistake in the indictment.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 35A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 35A. Repealed, 1979, 344, Sec. 35



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 36


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 36. Scope of word “oath”


The word “oath” as used in an indictment shall include an “affirmation”.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 37


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 37. Negativing excuses, exceptions or provisos


An excuse, exception or proviso not stated in the enacting clause of a statute creating a crime or stated only by reference to other provisions of the statute need not be negatived in the indictment unless necessary for a complete definition of the crime. If any statute shall prescribe a form of indictment in which an excuse, exception or proviso is not negatived, it shall be taken that it is not necessary to a complete definition of the crime that they should be negatived. If a statute creating a crime permits an act, therein declared to be criminal, to be performed without criminality under stated conditions, such conditions need not be negatived.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 38


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 38. Allegations, bill of particulars, presumption and proof in prosecutions involving controlled substances


In a prosecution under any provision of chapter ninety-four C, for unlawfully manufacturing, dispensing or distributing a controlled substance in violation of any provision of said chapter, it shall be sufficient to allege that the defendant did unlawfully manufacture, dispense or distribute, as the case may be, such alleged substance, without any further allegations, without naming the person to whom it dispensed or distributed, or quantity of the substance; but the defendant shall be entitled to a bill of particulars. In such a prosecution, a defendant relying upon a prescription, written order, receipt, registration, appointment or authority, or exemption as a defense or justification shall prove the same, and until he has proved it the presumption shall be that he is not so justified or authorized.


CREDIT(S)


Amended by St.1957, c. 660, § 5; St.1971, c. 1071, § 8; St.1979, c. 344, § 36.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 39


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 39. Construction of words used in indictment


The words used in an indictment may, except as otherwise provided in this section, be construed according to their usual acceptation in common language; but if certain words and phrases are defined by law, they shall be used according to their legal meaning.


The following words, when used in an indictment, shall be sufficient to convey the meaning herein attached to them:


Adultery.--Sexual intercourse by a married person with a person not his spouse or by an unmarried person with a married person.


Affray.--Fighting together of two or more persons in a public place to the terror of the persons lawfully there.


Aggravated Rape.--Sexual intercourse or unnatural sexual intercourse by a person with another person who is compelled to submit by force and against his will or by threat of bodily injury; and either such sexual intercourse or unnatural sexual intercourse results in or is committed with acts resulting in serious bodily injury, or is committed by a joint enterprise, or is committed during the commission or attempted commission of an offense defined in section fifteen A, fifteen B, seventeen, nineteen or twenty-six of chapter two hundred and sixty-five, section fourteen, fifteen, sixteen, seventeen or eighteen of chapter two hundred and sixty-six, or section ten of chapter two hundred and sixty-nine.


False Pretences.--False representations made by word or act of such a character, or made under such circumstances and in such a way, with the intention of influencing the action of another, as to be punishable.


Forgery.--The false making, altering, forging or counterfeiting of any instrument described in section one of chapter two hundred and sixty-seven, or any instrument which, if genuine, would be a foundation for or release of liability of the apparent maker.


Fornication.--Sexual intercourse between an unmarried male and an unmarried female.


Murder.--The killing of a human being, with malice aforethought.


Rape.--Sexual intercourse or unnatural sexual intercourse by a person with another person who is compelled to submit by force and against his will or by threat of bodily injury, or sexual intercourse or unnatural sexual intercourse with a child under sixteen years of age.


Robbery.--The taking and carrying away of personal property of another from his person and against his will, by force and violence, or by assault and putting in fear, with intent to steal.


Stealing. Larceny.--The criminal taking, obtaining or converting of personal property, with intent to defraud or deprive the owner permanently of the use of it; including all forms of larceny, criminal embezzlement and obtaining by criminal false pretences.


CREDIT(S)


Amended by St.1974, c. 474, § 7; St.1978, c. 379, §§ 8, 9; St.1980, c. 459, § 8.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 40


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 40. Repealed, 1979, 344, Sec. 37



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 41


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 41. Indictment for criminal dealing with personal property


In an indictment for criminal dealing with personal property with intent to steal, an allegation that the defendant stole said property shall be sufficient; and such indictment may be supported by proof that the defendant committed larceny of the property, or embezzled it, or obtained it by false pretences.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 42


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 42. Prosecutions for buying, receiving or aiding in concealment of stolen property


In prosecutions for buying, receiving or aiding in the concealment of stolen property known to have been stolen, it shall not be necessary to allege or prove that the person who stole the property has been convicted.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 43


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 43. Indictment for perjury


In an indictment for perjury alleged to have been committed in a criminal case an allegation of the substance of the crime shall be sufficient; if alleged to have been committed in a civil case, an allegation of the nature of the controversy in general terms shall be sufficient. In both cases, the court or magistrate before whom the oath or affirmation was taken shall be alleged, but no part of the proceeding in which, or the commission or authority of the court or person before whom, the perjury was committed need be alleged.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 44


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 44. Indictment for subornation of perjury


If, in an indictment for subornation of perjury or for attempting to incite or procure another person to commit perjury, it is alleged that perjury has been committed, an allegation of the perjury as provided in the preceding section and an allegation that the defendant wilfully incited or procured said person to commit said perjury shall be sufficient. If it is not alleged that such perjury has been committed, an allegation of the substance of the crime with which the defendant is charged shall be sufficient, without allegations as to matters or things which by the preceding section are declared to be unnecessary.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 45


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 45. Indictment for unnatural and lascivious acts


In an indictment under section thirty-five of chapter two hundred and seventy-two, an allegation that the defendant committed an unnatural and lascivious act with the person named or referred to in the indictment shall be sufficient.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 46


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 46. Repealed, 1979, 344, Sec. 37



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 47


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 47. Arraignment; sentence; assignment of counsel


If a prisoner, under indictment for a capital crime, pleads guilty, upon being arraigned, the court shall award sentence against him; if he does not plead guilty, the court may assign him counsel and take all other measures preparatory to a trial, which shall, subject to the Massachusetts Rules of Criminal Procedure, be held as soon after the finding of the indictment as the other official duties of the justices will admit and the circumstances of the case require.


CREDIT(S)


Amended by St.1979, c. 344, § 38.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 47A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 47A. Defenses or objections


In a criminal case, any defense or objection based upon defects in the institution of the prosecution or in the complaint or indictment, other than a failure to show jurisdiction in the court or to charge an offense, shall only be raised prior to trial and only by a motion in conformity with the requirements of the Massachusetts Rules of Criminal Procedure. The failure to raise any such defense or objection by motion prior to trial shall constitute a waiver thereof, but a judge or special magistrate may, for cause shown, grant relief from such waiver. A defense or objection based upon a failure to show jurisdiction in the court or the failure to charge an offense may be raised by motion to dismiss prior to trial, but shall be noticed by the court at any time.


CREDIT(S)


Added by St.1965, c. 617, § 1. Amended by St.1965, c. 756, § 1; St.1978, c. 478, § 298; St.1979, c. 344, § 39.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 48


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 48, 49. Repealed, 1932, 180, Sec. 44



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 49


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 48, 49. Repealed, 1932, 180, Sec. 44



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 50


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 50. Repealed, 1936, 161, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 51


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 51, 52. Repealed, 1979, 344, Sec. 40



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 52


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 51, 52. Repealed, 1979, 344, Sec. 40



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 53


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 53. District attorneys; authority and duty as to transferred cases


If a case is transferred for plea or trial and sentence pursuant to the Massachusetts Rules of Criminal Procedure, the district attorney for the county to which the case is transferred or the district attorney for the county from which the case is transferred shall have the same authority and duty in the case as if it had not been transferred, depending upon which of the district attorneys is to try the case.


CREDIT(S)


Amended by St.1979, c. 344, § 41.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 54


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 54. Custody and delivery of prisoner


If a change of venue is ordered, the sheriff having custody of the prisoner shall forthwith deliver him to the sheriff of the county to which the venue has been changed, who shall receive and safely keep him as if the indictment had been found in such county.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 55


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 55. Compensation of counsel of prisoner


A justice of the court, sitting at the trial or other proceedings upon an indictment for murder, may allow reasonable compensation for the services of counsel assigned to defend the prisoner if he is otherwise unable to procure counsel, and such compensation shall be paid by the county where the indictment is found.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 56


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 56. Expenses of counsel of prisoner


The reasonable expenses incurred and paid by counsel assigned by the court for the defense of a person indicted for murder, who is otherwise unable to procure counsel, shall be paid by the commonwealth after approval by a justice sitting at the trial or other proceedings of the case.


CREDIT(S)


Amended by St.1978, c. 478, § 299.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 57


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 57. Prosecutions of crimes committed near boundary line of counties, etc.; crimes committed on sea


A crime committed on or within one hundred rods of the boundary line of two counties may be alleged to have been committed, and may be prosecuted and punished, in either county; and if committed on or within fifty rods of the boundary line of two judicial districts, it may be alleged to have been committed, and may be prosecuted and punished, in either district. A crime committed upon the sea within one league of the shore may be prosecuted and punished in an adjacent county.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 57A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 57A. Venue in cases where crime was committed without county or territorial jurisdiction of court


A defendant shall not be discharged for want of jurisdiction if the evidence discloses that the crime with which he is charged was actually committed without the county or the territorial jurisdiction of the court in which he is being tried; provided, that the attorney general or the district attorney petitions to the court before proceeding with the trial for leave to proceed, stating that he is in doubt from the state of the evidence then in his possession as to whether or not the crime was committed within the county or the territorial jurisdiction of the court, and the court after hearing said petition orders the trial to proceed.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 58


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 58. Larceny


Larceny, whether at common law or as defined by section thirty of chapter two hundred and sixty-six, may be prosecuted and punished in any county where the defendant had possession of the property alleged to have been stolen.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 58A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 58A. Buying, receiving, concealing or aiding in concealment of stolen or embezzled property


The crime of buying, receiving or concealing a stolen motor vehicle or trailer, as defined in section twenty-eight of chapter two hundred and sixty-six, and the crime of buying, receiving or aiding in the concealment of stolen or embezzled property, as defined in section sixty of said chapter two hundred and sixty-six, may be prosecuted and punished in the same jurisdiction in which the larceny or embezzlement of any property involved in the crime may be prosecuted and punished.


CREDIT(S)


Added by St.1943, c. 311, § 1. Amended by St.1971, c. 694.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 58A 1/2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 58A   1/2 . Computer offenses; place of prosecution


The crimes described in sections thirty-three A and one hundred and twenty F of chapter two hundred and sixty-six and section one hundred and twenty-seven of said chapter two hundred and sixty-six when the personal property involved is electronically processed or stored data, either tangible or intangible, and data while in transit, may be prosecuted and punished in any county where the defendant was physically located at the time of the violation, or where the electronic data was physically located at the time of the violation.


CREDIT(S)


Added by St.1994, c. 168, § 5.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 58B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 58B. Embezzlement or fraudulent conversion or appropriation by fiduciaries


The crime of embezzlement or fraudulent conversion or appropriation by a fiduciary of money, goods or property held or possessed by him, as set forth in section fifty-seven of chapter two hundred and sixty-six, including the fraudulent disposition or destruction of such property, may be prosecuted and punished in the county wherein is located the probate court which appointed the fiduciary or in any county where the deed or other instrument in writing creating the trust under which he served or acted was recorded or in any county where he had held or possessed the property as aforesaid after embezzling or fraudulently converting or appropriating the same, as well as in any county where he committed the act of embezzlement or fraudulent conversion or appropriation or other fraudulent disposition or destruction of property held or possessed by him as aforesaid.


CREDIT(S)


Added by St.1948, c. 77, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 59


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 59. Obtaining money or personal chattel by false pretences


The crime of obtaining money or a personal chattel by a false pretence, and the crime described in section thirty-one of chapter two hundred and sixty-six, may be alleged to have been committed, and may be prosecuted and punished, in any county where the false pretence was made, written or used, or in or through which any of the property obtained was carried, sent, transported or received by the defendant.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 59A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 59A. Transmission of false reports, location of explosives, etc.


The crime described in section fourteen of chapter two hundred and sixty-nine may be prosecuted and punished in the territorial jurisdiction in which the communication originates or is received.


CREDIT(S)


Added by St.1963, c. 157.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 60


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 60. Homicide if injury is in one county and death in another


If a mortal wound is given, or if other violence or injury is inflicted, or if poison is administered, in one county, by means whereof death ensues in another county, the homicide may be prosecuted and punished in either county.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 61


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 61. Crime committed at sea, etc., resulting in death in county


If a mortal wound is given, or if other violence or injury is inflicted, or if poison is administered, on the high seas or on land either within or without the commonwealth, by means whereof death ensues in any county thereof, the homicide may be prosecuted and punished in the county where the death happens.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 62


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 62. Crime committed in commonwealth resulting in death outside commonwealth


If a mortal wound is given, or if other violence or injury is inflicted, or if poison is administered, in any county of the commonwealth, by means whereof death ensues without the commonwealth, the homicide may be prosecuted and punished in the county where the act was committed.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 62A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 62A. Violations of chapter 209A; jurisdiction


Any criminal violation of chapter two hundred and nine A may be prosecuted and punished in the territorial jurisdiction in which the violation was committed or in which the original order under said chapter two hundred and nine A was issued.


CREDIT(S)


Added by St.1994, c. 201.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 62B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 62B. Stalking; jurisdiction


The crime of stalking, as set forth in section forty-three of chapter two hundred and sixty-five, may be prosecuted and punished in any territorial jurisdiction of the commonwealth wherein an act constituting an element of the crime was committed.


CREDIT(S)


Added by St.1996, c. 298, § 15.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 62C


Effective: August 7, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 62C. Venue for prosecution of violations of Sec. 35A of chapter 266


A violation of section 35A of chapter 266 may be prosecuted and punished in:


(1) the county in which the residential property for which a mortgage loan is being sought is located;


(2) the county in which any act was performed in furtherance of the violation;


(3) the county in which any person alleged to have violated this section had control or possession of any proceeds of, or other funds received as a result of the violation;


(4) the county in which a closing on the mortgage loan occurred; or


(5) the county in which a document containing a deliberate misstatement, misrepresentation or omission is filed with a registrar of deeds.


CREDIT(S)


Added by St.2010, c. 258, § 12, eff. Aug. 7, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 63


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 63. General provisions


An indictment for murder may be found at any time after the death of the person alleged to have been murdered. An indictment or complaint for an offense set forth in section 13B, 13B   1/2, 13B   3/4, 13F, 13L, 22A, 22B, 22C, 23, 23A, 23B, 24B or subsection (b) of section 50 of chapter 265, for conspiracy to commit any of these offenses, as an accessory thereto, or any 1 or more of them may be found and filed at any time after the date of the commission of such offense; but any indictment or complaint found and filed more than 27 years after the date of commission of such offense shall be supported by independent evidence that corroborates the victim's allegation. Such independent evidence shall be admissible during trial and shall not consist exclusively of the opinions of mental health professionals. An indictment for an offense set forth in sections 22, 24 or subsection (a) of section 50 of chapter 265, or for conspiracy to commit either of these offenses or as an accessory thereto or any 1 or more of them may be found and filed within 15 years of the date of commission of such offense. An indictment for an offense set forth in sections 17, 18, 19 and 21 of said chapter 265 or section 17 of chapter 272, for conspiracy to commit any such crime, as an accessory thereto, or any 1 or more of them may be found and filed within 10 years after the date of commission of such offense. An indictment for any other crime shall be found and filed within 6 years after such crime has been committed. Any period during which the defendant is not usually and publicly a resident within the commonwealth shall be excluded in determining the time limited.


Notwithstanding the first paragraph, if a victim of a crime set forth in section 13B, 13F, 13H, 22, 22A, 23, 24B, 26A or 50 of chapter 265, or section 1, 2, 3, 4, 4A, 4B, 5, 6, 7, 8, 12, 13, 17, 26, 28, 29A, 29B, 33, 34, 35 or 35A of chapter 272 is under the age of 16 at the time the crime is committed, the period of limitation for prosecution shall not commence until the victim has reached the age of 16 or the violation is reported to a law enforcement agency, whichever occurs earlier.


CREDIT(S)


Amended by St.1955, c. 781, § 1; St.1985, c. 123; St.1987, c. 489; St.1996, c. 26; St.2006, c. 303, § 9, eff. Dec. 20, 2006; St.2010, c. 267, §§ 67 to 69, eff. Nov. 5, 2010; St.2011, c. 178, §§ 27 to 29, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 64


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 64. Limitation of new indictment against corporation after abatement or defeat of former indictment


If an indictment, duly found and returned within the time limited by law against a corporation to recover a pecuniary penalty, is abated or otherwise avoided or defeated by reason of any matter of form, or if after a verdict against such corporation judgment is arrested, or if a judgment against such corporation is reversed on writ of error, a new indictment for the same cause may be found and filed within one year after the abatement of the former indictment or the reversal of the judgment as aforesaid.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 65


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 65. Service of copy of indictment for murder on prisoner, etc.


After the finding of an indictment for murder, the defendant, if in custody, shall forthwith be served by the sheriff or his deputy with a copy thereof and with an order of the court notifying him that the indictment will be entered forthwith upon the docket of the superior court for the county where found.


CREDIT(S)


Amended by St.1936, c. 161, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 66


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 66. List of jurors to prisoners; process for witnesses


A prisoner indicted for a crime punishable with death or imprisonment for life, upon demand by him or his counsel upon the clerk, shall have a list of the jurors who have been returned and process to summon witnesses who are necessary to his defence, at the expense of the commonwealth.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 67


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 67. Furnishing person in custody, etc., with copy of indictment


Whoever, having been indicted for felony, is under recognizance or in custody to answer therefor shall be entitled to a copy of the indictment and of all endorsements thereon without charge.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 68


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 68. Issuance of subpoenas by attorney general and district attorneys


The attorney general and district attorneys may issue subpoenas under their hands for witnesses to appear and testify on behalf of the commonwealth, and such subpoenas shall have the same force, and be obeyed in the same manner, and under the same penalties, in case of default, as if issued by the clerk of the court.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 69


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 69. Repealed, 1979, 344, Sec. 42



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 70


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 70. Recognizance of witnesses


A justice of a court of record may at any time order a witness for the commonwealth in a criminal case or in a case under sections fifty-two to sixty-four, inclusive, of chapter one hundred and nineteen, pending in such court to recognize, with or without sureties, to appear and testify at the next or any succeeding sitting of said court, and may issue a warrant to bring such witness before him to recognize as aforesaid; but a witness unable to procure sureties shall not on that account be committed to jail except in cases of felony.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 70A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 70A. Repealed, 1979, 344, Sec. 42



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 70B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 70B. Placing cases on file; statement of reasons


Except as otherwise provided by law, a criminal case shall not be placed on file, on motion of a district attorney or assistant district attorney, unless such motion is accompanied by a written statement of the reasons for such disposition, signed by the district attorney or assistant district attorney, which shall be filed with the pleadings, and also accompanied by a statement of any previous criminal record of the accused.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 70C


Effective: November 5, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 70C. Civil infractions


Upon oral motion by the commonwealth or the defendant at arraignment or pretrial conference, or upon the court's own motion at any time, the court may, unless the commonwealth objects, in writing, stating the reasons for such objection, treat a violation of a municipal ordinance, or by-law or a misdemeanor offense as a civil infraction. The provisions of this section shall not apply to the offenses in sections 22F, 24, 24D, 24G, 24L, and 24N of chapter 90, sections 8, 8A, and 8B of chapter 90B, chapter 119, chapter 119A, chapter 209, chapter 209A, chapter 265, sections 1, 2, 3, 6, 6A, 6B, 8B, 13, 13A, 13B, 13B  1/2, 13B   3/4, 13C, 14, 14B, 15, 15A, 16, 17, 18, 19, 20, 22A, 22B, 22C, 23, 23A, 23B, 28, 31 and 36 of chapter 268, chapter 268A, sections 10, 10A, 10C, 10D, 10E, 11B, 11C, 11E, 12, 12A, 12B, 12D and 12E of chapter 269 and sections 1, 2, 3, 4, 4A, 4B, 6, 7, 8, 12, 13, 16, 28, 29A and 29B of chapter 272. If a motion to proceed civilly is allowed, the court shall not appoint counsel. If counsel has already been appointed, the court shall revoke the appointment. A person complained of for such civil infraction shall be adjudicated responsible upon such finding by the court and shall not be sentenced to any term of incarceration. The commonwealth shall maintain a copy of all objections filed under this section and shall report the number of such objections, delineated by divisions of the district court, every 6 months to the house and senate committees on ways and means.


When the court has treated a violation of a municipal ordinance or by-law or a misdemeanor offense as a civil infraction under this section and the ordinance, by-law or misdemeanor in question does not set forth a civil fine as a possible penalty, the court may impose a fine of not more than $5,000. An adjudication of responsibility shall neither be used in the calculation of second and subsequent offenses under any chapter, nor as the basis for the revocation of parole or of a probation surrender. An adjudication of responsibility under this section may include an order of restitution.


CREDIT(S)


Added by St.1995, c. 38, § 177. Amended by St.1998, c. 194, § 240; St.2003, c. 26, §§ 511, 512, eff. July 1, 2003; St.2004, c. 149, § 213, eff. July 1, 2004; St.2005, c. 54, § 3, eff. July 29, 2005; St.2010, c. 267, §§ 70, 71, eff. Nov. 5, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 71


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 71 to 72A. Repealed, 1979, 344, Sec. 42



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 72


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 71 to 72A. Repealed, 1979, 344, Sec. 42



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 72A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 71 to 72A. Repealed, 1979, 344, Sec. 42



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 73


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 73. Compensation for confinement of persons discharged


Any person in the commonwealth kept in confinement awaiting trial for more than six months after having been indicted, and finally acquitted or discharged without trial, if the delay in trial was not at his request or with his consent, or at the request or with the consent of his attorney of record, may receive compensation for the period of his confinement after the lapse of said six months and until his acquittal or discharge; provided, that the payment of compensation is approved by the justice who presided at the trial, or in the case of a discharge without trial, by a justice of the superior court sitting at a session for criminal business in and for the county where the indictment was found. Such compensation shall be paid by the commonwealth and shall be equivalent to the amount which the indicted person earned or received from his regular employment for any period of equal length during the two years immediately preceding his confinement; and if he had no employment, the compensation shall be such reasonable sum as shall be determined by the justice who presided at the trial, or, in the case of a discharge without trial, by a justice of the superior court sitting at a session for criminal business in and for the county where the indictment was found. The justice, upon application by the person acquitted or discharged, shall give a hearing at which such person or his representative may be present, if he so desires, and the district attorney or other officer representing the commonwealth may also be present, and the person acquitted or discharged and the commonwealth may offer testimony as in any civil case. The decision of the justice shall be final.


CREDIT(S)


Amended by St.1978, c. 478, § 300.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 74


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 74 to 77. Repealed, 1979, 344, Sec. 42



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 75


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 74 to 77. Repealed, 1979, 344, Sec. 42



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 76


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 74 to 77. Repealed, 1979, 344, Sec. 42



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 77


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§§ 74 to 77. Repealed, 1979, 344, Sec. 42



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 78


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 78. Criminal proceedings as no bar to civil action


No proceedings against a person for a crime shall bar a civil action which might otherwise be maintained by a person aggrieved by the commission of the crime.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277 § 79


Effective: July 13, 2006


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277. Indictments and Proceedings Before Trial (Refs & Annos)

§ 79. Application of annexed forms; schedule


The provisions of this chapter, and the forms hereto annexed, shall apply as well to complaints as to indictments, and such forms shall be sufficient in cases to which they are applicable. In other cases, forms as nearly like the forms hereto annexed as the nature of the cases and the provisions of law will allow may be used; but any other form of indictment or complaint authorized by law may be used.


SCHEDULE OF FORMS OF PLEADINGS.


CAPTION AND COMMENCEMENT OF INDICTMENT.


COMMONWEALTH OF MASSACHUSETTS.


(Suffolk,) to wit:


At the Superior Court holden at (Boston,) within and for the County of (Suffolk,) for the transaction of criminal business, on the day of in the year of our Lord one thousand, etc.


The jurors for the said Commonwealth on their oath present


CAPTION AND COMMENCEMENT OF COMPLAINT.


<(To a Police, District or Municipal Court.)>


COMMONWEALTH OF MASSACHUSETTS.


(Suffolk,) to wit:


To the court of holden at for the transaction of criminal business, within the County of , A. B. of in behalf of the Commonwealth of Massachusetts on the day of in the year , on oath complains that


(To a Trial Justice.)


To A. B., a Trial Justice in and for the County of and Commonwealth of Massachusetts, C. D. of (etc. as in form above).


(To a Justice of the Peace commissioned to Issue Warrants.)


To A. B., Justice of the Peace in and for the County of and Commonwealth of Massachusetts, designated and commissioned to issue warrants in criminal cases, C. D. of (etc. as in form above).


<(If the statute requires a particular person to make complaint, this should be alleged.)>


Abduction. (Under Chap. 272, Secs. 1, 2.)--(1) That A.B. did fraudulently and deceitfully entice (and take away) one C.D., an unmarried person under the age of sixteen years, from the house of the father (or guardian, etc., as the case may be), without the consent of the said father (or guardian, etc., as the case may be), under whose care and custody said C.D. was living, for the purpose of effecting a clandestine marriage of said C.D. without the consent of said father (or guardian, etc., as the case may be).


(2) That A.B. did fraudulently and deceitfully entice (and take away) C.D. from his house (or, if a minor, from his father's or guardian's house; or if elsewhere, state it as the case may be), for the unlawful purpose of prostitution (or for the purpose of unlawful sexual intercourse).


Abortion. (Under Chap. 272, Sec. 19.)--(1) That A.B., with intent to procure the miscarriage of C.D., did unlawfully administer to her (or advise, or prescribe for her, or cause to be taken by her) a certain drug (or medicine or other noxious thing, as the case may be).


If the woman dies, add “and in consequence thereof said C.D. died”.


(2) That A.B., with intent to procure the miscarriage of C.D., did unlawfully use a certain instrument upon the body of said C.D., and in consequence thereof said C.D. died.


(3) That A.B., with intent to procure the miscarriage of C.D., did unlawfully do certain things (naming them ) to (or upon the body of) said C.D.


Accessory before the fact. (Under Chap. 274, Sec. 2.)--Charge principal felony and proceed: That A.B., before the said felony was committed, did incite, procure, aid, counsel, hire or command the said (principal) the said felony to do and commit.


Accessory after the fact. (Under Chap. 274, Sec. 4.)--Charge principal felony and proceed: That A.B. afterwards, well knowing the said C.D. to have committed the felony aforesaid, did harbor, (conceal, maintain,) or assist said C.D., with intent that said C.D. should avoid or escape (detention, arrest,) trial, or punishment.


Adultery. (Under Chap. 272, Sec. 14.)--(1) That A.B., a married person, did commit adultery with C.D., a person not his spouse.


(2) That A.B., an unmarried person, did commit adultery with C.D., a married person.


Affray.--That A.B. and C.D. did make an affray.


Aggravated rape. (Under Chap. 265, Sec. 22(a).)--That A.B. did assault C.D., with intent to commit aggravated rape; and did commit aggravated rape upon said C.D.


Alcoholic Beverages. (Under Chap. 138, Sec. 2.)--That A.C. did expose and keep for sale alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, with intent unlawfully to sell the same.


Alcoholic Beverages--Sale. (Under Chap. 138, Sec. 2.)--That A.B. unlawfully did sell alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, to C.C.


Alcoholic Beverages--Nuisance. (Under Chap. 139, Sec. 15.)--That A.B., during the three months next before the finding of this indictment, without legal authority, did keep and maintain a certain tenement in said (Boston), by him used for the illegal sale and illegal keeping for sale of alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, to the common nuisance of all the people.


Armed with dangerous weapon when arrested. (Under Chap. 269, Sec. 9.)--(1) That A.B., while being lawfully arrested on a sufficient warrant on a criminal charge, was armed with a dangerous weapon, to wit, a slung shot (or other dangerous weapon, as the case may be).


(2) That A.B., while committing the crime of (here state crime), was lawfully arrested by C.D., sheriff of said county, and when so arrested was armed with, and had on his person, a certain dangerous weapon (a slung shot, etc., as the case may be).


Arson. (Under Chap. 266, Secs. 1, 2, 4.)--(1) That A.B. wilfully and maliciously did burn the dwelling house of C.D. in in said county.


(2) That A.B. wilfully and maliciously did burn a building adjoining the dwelling house of C.D. in in said county.


(3) That A.B. wilfully and maliciously did set fire to a building in by the burning whereof the dwelling house of C.D. was burned.


(4) That A.B. wilfully and maliciously, in the night time, did burn


(a) A meeting house (or church, town house, etc.) in in said county, erected for public use.


(b) A banking house (or warehouse, etc.) of C.D. in in said county, of the value, with the property therein, of one thousand dollars and not the property of (the defendant).


(c) A barn (or stable or shop or office) of C.D., in in said county, the same being there within the curtilage of the dwelling house of said C.D.


(5) That A.B. wilfully and maliciously did burn a building, by the burning whereof [ (a), (b), or (c) ] was burned in the night time.


(6) That A.B. wilfully and maliciously did burn a banking house (or other structure mentioned in the statute, as the case may be) of C.D., in in said county.


Assault and battery.--That A.B. did assault and beat C.D.


Assault to maim, etc. (Under Chap. 265, Sec. 15.)--That A.B. did assault C.D., with the malicious intent to maim (or disfigure) said C.D. by cutting out his tongue (or other facts required by the nature of the case).


Assault to murder. (Under Chap. 265, Sec. 15.)--That A.B. did assault C.D., with intent to murder him.


Assault to Rape. (Under Chap. 265, Sec. 24.)--(1) That A.B. did assault C.D., with intent to commit rape.


(2) That A.B. did assault C.D., a child under the age of sixteen years, with intent unlawfully and carnally to know and abuse.


Assault with dangerous weapon, with intent to rob, etc. (Under Chap. 265, Sec. 18.)--That A.B., being armed with a dangerous weapon, did assault C.D., with intent to rob him (or to murder him).


Assault upon an officer.--That A.B. did assault and beat C.D., who was a police officer of the (city of Boston) (or whatever the fact may be ), and who was also in the lawful discharge of his duties as such officer, as said (defendant) well knew, (and knowingly resisted and obstructed him in the discharge of his lawful duties). This clause may be added if facts require.


Assuming to be an officer. (Under Chap. 268, Sec. 33.)--That A.B. did falsely assume and pretend to one C.D. that he, said A.B., was a police officer of (the city of ) (or a constable of the city of ), and did take upon himself to act as such officer, and did (state what he did if desired).


Attempt to break and enter. (Under Chap. 274, Sec. 6.)--That A.B. did attempt to break and enter a certain building in said (Boston) of one C.D., in the (night) time, with intent therein to commit larceny, and in such attempt did (set out the overt act relied on); but did fail in the perpetration of said attempted offence (or was intercepted and prevented in the execution of said attempted offence).


Attempt to commit crime. (Under Chap. 274, Sec. 6.)--That A.B. did attempt to commit larceny of the property of (another), (or such other crime as may be intended to be charged), and in such attempt did (set out the overt act relied on); but did fail in the perpetration of said attempted offence (or was intercepted and prevented in the execution of said attempted offence).


Attempt to steal from person. (Under Chap. 274, Sec. 6.)--That A.B. did attempt to steal from the person of C.D., and in such attempt did put his hand against the person and into the pocket of the said C.D.; but did fail in the perpetration of said attempted offence (or was intercepted and prevented in the execution of said attempted offence).


Breaking, entering, etc. (Under Chap. 266, Secs. 16-19.)--(1) That A.B. did break and enter in the night time the building (or ship or vessel) of one X., situated in said (Boston), with intent therein to commit murder (or rape, robbery, etc.).


(2) That A.B. did break and enter (or entered in the night time without breaking) a building (or ship or vessel) of one X., in said (Boston), with intent (as above), the said X. (or other person), who was lawfully therein, being put in fear.


(3) That A.B. did break and enter (or entered in the night time without breaking) a railroad car situated in said (Boston), of the (name of the railroad), with intent therein to commit larceny (or murder, etc., as the case may be).


(4) That A.B. did enter in the night time the dwelling house of one X., in said (Boston), with intent therein to commit larceny (or murder, etc., as the case may be).


(5) That A.B. did break and enter a building (or ship or vessel) of one X., in said (Boston), with intent therein (etc. as above).


Breaking glass. (Under Chap. 266, Sec. 114.)--That A.B. did wantonly (or maliciously) break certain panes of glass in and part of a certain building, the property of C.D. in said (Boston).


Burglarious implements. (Under Chap. 266, Sec. 49.)--That A.B. knowingly did have in his possession certain machines, tools and implements adapted and designed for cutting through, forcing and breaking open buildings, rooms, vaults, safes (and other depositories), in order to steal therefrom such money and other property as might be found therein, said A.B. knowing said machines, tools and implements to be adapted and designed for the purpose aforesaid, and intending to use and employ them therefor.


Burglary, etc. (Under Chap. 266, Secs. 14, 15.)--(1) That A.B. in the night time did break and enter the dwelling house of C.D., situated in said (Boston), with intent therein to commit larceny (or murder, rape or robbery, as the case may be).


(If desired add actual larceny in the building.)


(2) That A.B. did enter the dwelling house of one X., situated in said (Boston), with intent therein to commit larceny, and after having so entered with said intent did break said dwelling house in the night time, X. being lawfully therein, and said A.B. being armed with a dangerous weapon at the time of such entry (or such breaking) (or arming himself with a dangerous weapon in said house) (or did make an assault on said X., who was lawfully therein).


(3) That A.B. did break and enter the dwelling house of one X., in said (Boston), in the night time, with intent therein to commit larceny (or murder, etc., as the case may be).


Burning to defraud insurance company. (Under Chap. 266, Sec. 10.)--That A.B. did burn a certain building in in said county, [or certain goods, wares and merchandise (or other chattels--name the property) ] which was (or were) at the time of such burning insured in the Insurance Company, a corporation duly established by law, against loss or damage by fire, with the intent thereby to injure the said insurer.


Common drunkard. (Under Chap. 272, Sec. 53.)--That A.B., during the three months next before the making of this complaint, was a common drunkard.


Common nightwalker. (Under Chap. 272, Sec. 53.)--That A.B., during the three months next before the making of this complaint, was a common nightwalker, habitually walking in the streets in the night time for the purpose of prostitution.


Concealing mortgaged personal property. (Under Chap. 266, Sec. 82.)--That A.B. did mortgage to X. in due form of law certain personal property (setting out the mortgaged property), and that afterward, the said mortgage being in full force and effect, and the said X. remaining the owner thereof (if such be the fact), said A.B. did remove and conceal the said property with fraudulent intent to place the same beyond the control of the said X.


Conspiracy.--(1) That A.B. and C.D. conspired together to murder one E.F.


(2) That A.B. and C.D. conspired together to commit rape upon E.F.


(3) That A.B. and C.D. conspired together to steal the property, money, etc., of E.F.


Cruelty to animals. (Under Chap. 272, Sec. 77.)--(1) That A.B. did overdrive (overload) (drive when overloaded) (overwork) (torture) (torment) (deprive of necessary sustenance) (cruelly beat) (cruelly mutilate) (cruelly kill) a certain horse (or dog, etc.).


(2) That A.B. did cause and procure one C.D. to overdrive (etc.) a certain horse (etc.).


(3) That A.B., having the charge and custody of a certain horse (etc.), did inflict unnecessary cruelty upon it.


(4) That A.B., having the charge and custody of a certain horse (etc.), did unnecessarily fail to provide it with proper food (or drink or shelter or protection from the weather).


Disorderly house. (Under Chap. 219, Sec 27.)--That A.B., during the three months next before the finding of this indictment, at said (Boston) did keep and maintain a certain and common, noisy, ill-governed and disorderly house, resorted to for the purpose of drinking, quarrelling, making great noises, and breaking and disturbing the peace, to the common nuisance of all the people.


Drunkenness. (Under Chap. 272, Sec. 48.)--That A.B. was, by the voluntary use of intoxicating liquor, drunk.


Eavesdropping. (Under Chap. 272, Sec. 99.)--That A.B. did commit the crime of eavesdropping.


Escape. (Under Chap. 268, Sec. 16.)--That A.B., being lawfully imprisoned in the House of Correction (or the Massachusetts correctional institution) in said county, did break therefrom and escape.


Exposure of person.--That A.B., in a public place in said (Boston), wherein were great numbers of people, indecently did expose to the view of the said people his body and person naked and uncovered.


Forged endorsement.--That A.B. did forge a certain endorsement in and upon the back of, and as a part of, a certain promissory note, with intent to injure and defraud. (The purport or substance of the note and endorsement may be set forth.)


Forgery. (Under Chap. 267, Sec. 1.)--That A.B., with intent to injure and defraud, did forge a certain instrument purporting to be, etc. (give the name of the instrument, description, tenor or substance as the pleader chooses).


Fornication. (Under Chap. 272, Sec. 18.)--That A.B., an unmarried person, did commit fornication with C.D., an unmarried person.


Gaming. (Under Chap. 139, Sec. 15.)--That A.B., during the three months next before the finding of this indictment, at said (Boston), did keep and maintain a certain common nuisance, to wit, a tenement resorted to and used for illegal gaming.


House of ill fame. (Under Chap. 272, Sec. 24.)--That A.B., during the three months next before the finding of this indictment, did keep at said (Boston) a certain house of ill fame, resorted to for purposes of prostitution and lewdness.


House of ill fame--Nuisance. (Under Chap. 139, Sec. 15.)--That A.B., during the three months next before the finding of this indictment, at said (Boston), did keep and maintain a certain tenement used for prostitution, assignation and lewdness (or in which acts of prostitution, assignation and lewdness occurred), to the common nuisance of all the people.


Idle and disorderly person. (Under Chap. 272, Sec. 53.)--That A.B., during the three months next before the making of this complaint, was an idle and disorderly person, and neglected all lawful business and habitually misspent his time by frequenting houses of ill fame, gaming houses or tippling shops.


Incest. (Under Chap. 272, Sec. 17.)--That A.B., being the father of C.D. (or state such relationship as will show the parties to be within the degree of consanguinity within which marriages are prohibited or declared by law to be incestuous and void), did have carnal knowledge of the body of said C.D.


(A.B. being married to another woman than said C.D., if such be the fact, and it be desired to cover adultery.)


Larceny. (Under Chap. 266, Sec. 30.)--(1) That A.B. did steal one horse of the value of more (or less, as the case may be) than one hundred dollars, of the property of C.D.


(2) That A.B. did steal six cows, each of the value of twenty dollars, of the property of C.D.


Larceny from a conveyance. (Under Chap. 266, Sec. 30.)--That A.B. did steal from a certain conveyance, to wit, the wagon of one C.D., one book of the value, etc., of the property of C.D., the said C.D. being a common carrier (or a person carrying on the express business), and said conveyance being used by the said C.D. in said business.


Larceny from realty. (Under Chap. 266, Sec. 44.)--That A.B., by a trespass, with intent to steal, did take and carry away from the realty, to wit, from the building of C.D., in said (Boston), ten pounds of lead pipe, each of the value of (etc.), of the property of C.D., against his will, the said lead pipe being annexed to and a part of said building.


Larceny in building. (Under Chap. 266, Sec. 20.)--That A.B. did steal (one coat of the value of more than or less than ), of the property of X., in a certain building (or ship or vessel or railroad car) of the said X., situated in said (Boston).


Larceny of beast or bird. (Under Chap. 266, Sec. 46.)--That A.B. did steal a certain domesticated animal (or bird which was ordinarily kept in confinement), which was the property of C.D.


Lewd and lascivious cohabitation. (Under Chap. 272, Sec. 16.)--That A.B. and C.D., not being married to each other, did during one month next before the finding of this indictment (or such time as the evidence requires), lewdly and lasciviously associate and cohabit together.


Lewdness. (Under Chap. 272, Sec. 53.)--That A.B., during the three months next before the finding of this indictment, was a lewd, wanton and lascivious person in speech and behavior.


Lord's Day. (Under Chap. 136, Sec. 5.)--That A.B., on the day of , in the year of our Lord one thousand, etc., that day being the Lord's Day, did keep open his shop in said (Boston), for the purpose of doing business therein (or did labor or business or work), the same not being a work of necessity or charity.


Lottery. (Under Chap. 271, Sec. 7.)--(1) That A.B. did set up and promote a lottery for money.


(2) That A.B. was concerned in the setting up (or managing or drawing) of a certain lottery for money.


(3) That A.B. did dispose of a certain horse of the value of ten dollars to C.D., by way of a lottery.


(4) That A.B., under the pretext of the sale of certain property, to wit: (state the property) to C.D., did dispose of to said C.D. certain other personal property, to wit: (state the property), with intent of said A.B. to make the said disposal of said (property) dependent upon a chance by lot, and that such chance was made an additional inducement to the disposal and sale of said (property).


Maiming, etc. (Under Chap. 265, Sec. 14.)--That A.B. did assault C.D., and, with malicious intent to maim and disfigure said C.D., did cut out his tongue.


Malicious injury. (Under Chap. 266, Sec. 127.)--That A.B. did wilfully and maliciously injure (or destroy) certain personal property (name it and allege value) of C.D.


Malicious injury to real property. (Under Chap. 266, Sec. 104.)--That A.B. did wilfully (or maliciously) destroy (or deface or mar) a certain building of C.D. in said (Boston).


Manslaughter. (Under Chap. 265, Sec. 13.)--That A.B. did assault and beat C.D., and by such assault and beating did kill C.D.


Manslaughter by negligence.--That A.B., being under the legal duty, and being of sufficient ability to provide C.D., who was his spouse, with sufficient food and drink for sustenance and maintenance, did neglect and refuse so to do; by reason whereof said C.D., being unable to provide sufficient food and drink, became and was mortally sick and died.


Murder. (Under Chap. 265, Sec. 1.)--That A.B. did assault and beat C.D., with intent to murder him (by striking him over the head with an axe), and by such assault and beating did (kill and) murder C.D. (and the jurors further say that the defendant is guilty of murder in the second degree and not in the first degree). This may be added if murder in the first degree is not alleged.


Neglect of Spouse or Minor Child. (Under Chap. 273, Sec. 1.)--That A.B., during the three months next before the making of this complaint, being of sufficient ability, did unreasonably neglect to provide for the support of C.D., his lawful spouse (and E.D., his minor child).


Obtaining signature by false pretences. (Under Chap. 266, Sec. 31.)--That A.B. designedly and with intent to defraud did falsely pretend to C.D. that, etc., and by means of said false pretences, which said C.D. believed and relied upon, did obtain the signature of said C.D. to a certain written instrument, the false making whereof would be punishable as forgery, to wit, a certain promissory note (describe as in forgery); that the pretences so made to C.D. were false and were known to be false by the said A.B. at the time when he so made them.


Open and gross lewdness. (Under Chap. 272, Sec. 16.)--That A.B. was guilty of open and gross lewdness and lascivious behavior in the presence of C.D.


Prostitute. (Under Chap. 272, Sec. 53.)--That A.B. was a prostitute, offering his or her body indiscriminately to others for hire.


Perjury. (Under Chap. 268, Sec. 1.)--That in a proceeding in the course of justice before the (set forth the tribunal), on an issue within the jurisdiction of said court duly joined, and tried before a jury of the county between X. as plaintiff and Y. as defendant, A.B. was lawfully sworn as a witness.


Whereupon it became and was material to said issue whether (say what), and to this the said A.B. did wilfully and corruptly testify and say in substance and effect that (say what); all his said testimony as above set forth being false, as he well knew.


Polygamy. (Under Chap. 272, Sec. 15.)--(1) That A.B. unlawfully married C.D., the said A.B. having at the time he so unlawfully married a lawful spouse living other than said C.D.


(2) That A.B., having a lawful spouse living, to wit: X., did at (state place) unlawfully marry and have for his spouse one C.D., after which the said A.B. did, while said X., was still living, on, at, etc., unlawfully cohabit and continue to cohabit in (Boston) with the said C.D.


Rape. (Under Chap. 265, Secs. 22(b), 23.)--(1) That A.B. did assault C.D. with the intent to commit rape; and did commit rape upon said C.D.


(2) That A.B. did assault C.D., a child under the age of sixteen years, with the intent to unlawfully have sexual intercourse or unnatural sexual intercourse with and abuse said C.D.; and did unlawfully have sexual intercourse or unnatural sexual intercourse with and abuse said C.D.


Receiving stolen property. (Under Chap. 266, Sec. 60.)--That A.B., one watch of the value of dollars, the property of one C.D., then lately before stolen, did buy, receive, and aid in the concealment of, the said A.B. well knowing the said property to have been stolen as aforesaid.


Rescue. (Under Chap. 268, Sec. 15.)--That A.B. did forcibly rescue and take out of the lawful custody of E.F. one C.D., the said C.D. being a prisoner arrested by and held in the lawful custody of E.F., upon the charge of the crime of (larceny), the said E.F. being a police officer of (said city), duly authorized to arrest and hold in custody the said C.D. upon the charge aforesaid.


Robbery. (Under Chap. 265, Sec. 19.)--That A.B. did assault C.D. with intent to rob him, and thereby did rob and steal from the person of said C.D. (mention the property) of the property of said C.D.


Sodomy, etc. (Under Chap. 272, Sec. 34.)--That A.B. did commit the abominable and detestable crime against nature with a (state the person or beast).


Stubborn child. (Under Chap. 272, Sec. 53.)--That A.B., a minor, during the three months next before the making of this complaint, was a stubborn child, and stubbornly refused to submit to the lawful and reasonable commands of C.D., whose commands said A.B. was bound to obey.


Threats to extort. (Under Chap. 265, Sec. 25.)--That A.B. did verbally (or by a written or printed communication) maliciously threaten one C.D., to accuse him of the crime of (name it), with the intent thereby to extort money from the said C.D.


Unlawful appropriation. (Under Chap. 266, Sec. 63.)--That A.B. did wilfully, mischievously and without right take, drive and use a certain horse, the property of one C.D., without the consent of the said owner of said horse, or any person having the legal custody, care or control of the same.


Unnatural act. (Under Chap. 272, Sec. 35.)--That A.B. did commit an unnatural and lascivious act with one C.D.


Uttering. (Under Chap. 267, Sec. 5.)--That A.B., with intent to injure and defraud, did utter and publish as true a certain forged instrument (describe as in forgery), well knowing the same to be forged.


Vagabond. (Under Chap. 272, Secs. 53, 68.)--That A.B., for three months next before the making of this complaint, was a vagabond, and wandered about from place to place, neglecting all lawful calling and employment, and not having any home or means of support.


Vagrant. (Under Chap. 272, Sec. 66.)--That A.B., during the three months next before the making of this complaint, was an idle person who, not having visible means of support, lived without lawful employment (and wandered abroad and visited tippling shops, and lodged in outhouses, and in the open air, and did not give a good account of himself, and wandered abroad and begged, and went about from door to door and placed himself in public places to beg and to receive alms).


The complaint may stop at the word “employment”, or such part of the matter in parentheses may be added as the case requires.


(Under Chapter 94, Sections 197-213.)


Common nuisance.--That A.B., during the three months next before the finding of this indictment, at said (Boston), did keep and maintain a certain tenement resorted to by habitual users of narcotic drugs for the purpose of using narcotic drugs.


Unlawful possession.--That A.B. did have in his possession unlawfully certain narcotic drugs, to wit, morphine (or cocaine or heroin or the name of the drug as it is commonly known).


Unlawful possession with intent to sell.--That A.B. did have in his possession, with intent unlawfully to sell and deliver, a certain narcotic drug (naming the drug).


Conspiracy.--That A.B. and C.D. conspired together to engage in unlawful traffic in narcotic drugs.


Sale and delivery.--That A.B. did unlawfully sell (or give away or deliver) a narcotic drug, to wit, morphine (or name drug is commonly known by).


Unlawful prescribing and delivery, etc., by physician, etc.--That A.B., a physician (or pharmacist or dentist or veterinarian, etc.), did unlawfully prescribe (or sell, give away, furnish or deliver) a certain narcotic drug, to wit, (naming it).


False making of prescription.--That A.B. did falsely make (or alter) a prescription for a narcotic drug.


Uttering a false prescription.--That A.B. did utter and publish as true a certain false prescription for a narcotic drug, well knowing the same to be falsely made (or altered).


Misrepresentation.--That A.B. did falsely represent to C.D. (a physician, or dentist, veterinarian, pharmacist, etc.), for the purpose of obtaining a narcotic drug, that (state the substance of the statements claimed to be representations).


CREDIT(S)


Amended by St.1934, c. 328, § 29; St.1943, c. 488, § 2; St.1955, c. 770, § 90; St.1959, c. 304, § 2; St.1978, c. 379, §§ 10 to 19; St.1980, c. 459, §§ 9, 10; St.2006, c. 172, § 13, eff. July 13, 2006.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. II, Ch. 277A, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277A. Statewide Grand Jury



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277A § 1


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277A. Statewide Grand Jury (Refs & Annos)

§ 1. Authority to convene statewide grand jury


<[ Text of section effective until December 31, 2014. Repealed by 2009, 28, Sec. 99. See 2009, 28, Sec. 107.]>


Upon written application of the attorney general to the chief justice of the superior court department, with good cause stated therein, the chief justice may authorize the convening of a statewide grand jury with jurisdiction extending throughout the commonwealth.


CREDIT(S)


Added by St.2009, c. 28, § 98, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277A § 2


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277A. Statewide Grand Jury (Refs & Annos)

§ 2. Selection of county where statewide jury to sit; appointment of superior court judge


<[ Text of section effective until December 31, 2014. Repealed by 2009, 28, Sec. 99. See 2009, 28, Sec. 107.]>


The chief justice of the superior court department shall, upon granting an application, receive recommendations from the attorney general as to the county in which the statewide grand jury shall sit. Upon receiving the attorney general's recommendations, the chief justice shall choose 1 of those recommended locations as the site where the grand jury shall sit. Once a county has been selected, the chief justice shall direct the regional administrative judge from the county selected to appoint, and reappoint as necessary, a superior court judge to preside over the statewide grand jury.


CREDIT(S)


Added by St.2009, c. 28, § 98, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277A § 3


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277A. Statewide Grand Jury (Refs & Annos)

§ 3. Nature and scope of investigation; statewide grand jury to investigate for purpose stated in written application


<[ Text of section effective until December 31, 2014. Repealed by 2009, 28, Sec. 99. See 2009, 28, Sec. 107.]>


The superior court judge presiding over the grand jury shall consult with the attorney general and district attorney for the relevant district about the nature and scope of the investigation and shall thereafter designate and authorize an existing county grand jury to serve as a statewide grand jury for purposes of the investigation specified in the written application, or, alternatively, convene and preside over a specially empaneled statewide grand jury.


CREDIT(S)


Added by St.2009, c. 28, § 98, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277A § 4


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277A. Statewide Grand Jury (Refs & Annos)

§ 4. Manner of drawing and selecting specially empaneled statewide grand jury


<[ Text of section effective until December 31, 2014. Repealed by 2009, 28, Sec. 99. See 2009, 28, Sec. 107.]>


A specially empaneled statewide grand jury shall be drawn and selected in the same manner as the county grand jury in the county in which the specially empaneled statewide grand jury sits. A specially empaneled statewide grand jury may, at the discretion of the presiding superior court judge, draw jurors from counties adjoining the one in which the statewide grand jury is to sit.


CREDIT(S)


Added by St.2009, c. 28, § 98, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277A § 5


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277A. Statewide Grand Jury (Refs & Annos)

§ 5. Period during which statewide grand jury may sit


<[ Text of section effective until December 31, 2014. Repealed by 2009, 28, Sec. 99. See 2009, 28, Sec. 107.]>


A specially empaneled statewide grand jury convened pursuant to this chapter shall sit for a period not to exceed 18 months. The superior court judge presiding over the grand jury may extend this period if, in accordance with section 1A of chapter 277 and section 41 of chapter 234A, public necessity requires further time by the grand jury to complete an on-going investigation.


CREDIT(S)


Added by St.2009, c. 28, § 98, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277A § 6


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277A. Statewide Grand Jury (Refs & Annos)

§ 6. Prosecution of indictment by attorney general or assistant attorney general


<[ Text of section effective until December 31, 2014. Repealed by 2009, 28, Sec. 99. See 2009, 28, Sec. 107.]>


The attorney general or an assistant attorney general shall attend each session of a statewide grand jury and may prosecute any indictment returned by it. The attorney general or assistant attorney general shall have the same powers and duties in relation to a statewide grand jury that she has in relation to a county grand jury, except as otherwise provided by law.


CREDIT(S)


Added by St.2009, c. 28, § 98, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277A § 7


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277A. Statewide Grand Jury (Refs & Annos)

§ 7. County in which indictment to be returned; venue


<[ Text of section effective until December 31, 2014. Repealed by 2009, 28, Sec. 99. See 2009, 28, Sec. 107.]>


Indictments shall be returned in the county where the statewide grand jury sits and shall thereafter be transferred to the county specified by the grand jury on the indictment. Venue for purposes of trial of offenses indicted by a statewide grand jury shall be in any county where venue would otherwise be proper.


CREDIT(S)


Added by St.2009, c. 28, § 98, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 277A § 8


Effective: September 29, 2009


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 277A. Statewide Grand Jury (Refs & Annos)

§ 8. Effect on jurisdiction of county grand jury or district attorney


<[ Text of section effective until December 31, 2014. Repealed by 2009, 28, Sec. 99. See 2009, 28, Sec. 107.]>


No provision of this chapter shall be construed as limiting the jurisdiction of county grand juries or district attorneys. Except as otherwise provided by law, an investigation by a statewide grand jury shall not preempt an investigation by any other grand jury or agency having jurisdiction over the same subject matter.


CREDIT(S)


Added by St.2009, c. 28, § 98, eff. Sept. 29, 2009.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. II, Ch. 278, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 1. Trial list of criminal cases, adding cases to list


At each session of the superior court for criminal business, the district attorney, before trials begin, shall make and deposit with the clerk, for the inspection of parties, a list of all cases to be tried at that session, and the cases shall be tried in the order of such trial list, unless otherwise ordered by the court for cause shown. Cases may be added to such list by direction of the court, on its own motion or upon motion of the district attorney or of the defendant.


CREDIT(S)


Amended by St.1974, c. 228.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 2. Trial of issues of fact


Issues of fact joined upon an indictment or complaint shall, in the superior court, be tried by a jury drawn and returned in the manner provided for the trial of issues of fact in civil causes, unless the person indicted or complained against elects to be tried by the court as provided by law.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 2A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 2A, 3. Repealed, 1979, 344, Sec. 43



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 2A, 3. Repealed, 1979, 344, Sec. 43



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 4. Oaths of jurors


The following oath shall be administered to the jurors for the trial of all criminal cases which are not capital:


You shall well and truly try the issue between the commonwealth and the defendant, (or the defendants, as the case may be,) according to your evidence; so help you God.


The following oath shall be administered to the jurors for the trial of capital cases:


You shall well and truly try, and true deliverance make, between the commonwealth and the prisoner at the bar, whom you shall have in charge, according to your evidence; so help you God.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 5. Affirmation of jurors


A juror who is conscientiously scrupulous of taking either of the oaths above prescribed shall be allowed to affirm.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 6. Repealed, 1979, 344, Sec. 43



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 6A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 6A. Testimony concerning ownership in cases involving motor vehicle theft or fraudulent claims; preservation of testimony


At the arraignment of a defendant charged with violating the provisions of sections twenty-seven A, twenty-eight, twenty-nine, one hundred and eleven A and one hundred and thirty-nine of chapter two hundred and sixty-six, the court shall, upon a showing of need by the commonwealth, and after granting adequate time to defense counsel to consult with the defendant, allow testimony from the owner or person in control of such vehicle, solely on the issue of ownership and unauthorized use, and such testimony shall be taken and preserved and shall be admissible at trial.


In the prosecution of a person charged with violating the provisions of sections twenty-seven A, twenty-eight, twenty-eight A, twenty-nine, one hundred and eleven A and one hundred and thirty-nine of chapter two hundred and sixty-six, the court shall order, as a condition of granting a continuance, that the testimony of a witness then present in court be taken and preserved for subsequent use at trial or any other proceeding. The witness shall be examined in open court by the party on whose behalf he is present and the adverse party shall have the right to cross-examination. The expenses of taking and preserving the testimony shall be assessed as costs against the party requesting the continuance.


CREDIT(S)


Added by St.1980, c. 463, § 8.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 7. Burden to prove license or admission to practice as attorney at law


A defendant in a criminal prosecution, relying for his justification upon a license, appointment, admission to practice as an attorney at law, or authority, shall prove the same; and, until so proved, the presumption shall be that he is not so authorized.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 8. Justification in libel cases


The defendant in a prosecution for writing or publishing a libel may introduce in evidence the truth of the matter contained in the publication charged as libellous, and the truth shall be a justification, unless actual malice is proved.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 8A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 8A. Killing or injuring a person unlawfully in a dwelling; defense


In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.


CREDIT(S)


Added by St.1981, c. 696.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 9. Proof of ownership of property


In the prosecution of crimes which relate to or affect real or personal estate, it shall be sufficient, and shall not be a variance, if it is proved on the trial that, at the time when the crime was committed, either the actual or constructive possession or the general or special property in the whole or any part of such real or personal estate was in the person or community alleged to be the owner thereof.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 10. Night time; definition


If a crime is alleged to have been committed in the night time, night time shall be deemed the time between one hour after sunset on one day and one hour before sunrise on the next day; and the time of sunset and sunrise shall be ascertained according to mean time in the place where the crime was committed.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 11. Directed verdict; setting aside verdict, new trial or finding of guilty of included offense


If a motion for a directed verdict of not guilty is denied and the case is submitted to the jury and a verdict of guilty is returned, the judge may on a renewed motion for a directed verdict of not guilty pursuant to the Massachusetts Rules of Criminal Procedure set aside the verdict and order a new trial, or order the entry of a finding of guilty of any offense included in the offense charged in the indictment or complaint.


CREDIT(S)


Amended by St.1963, c. 569; St.1964, c. 108, §§ 1, 2; St.1979, c. 344, § 43A.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 11A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 11A. Habitual criminals; separate trial on issue of prior conviction


If a defendant is charged with a crime for which more severe punishment is provided for second and subsequent offenses, and the complaint or indictment alleges that the offense charged is a second or subsequent offense, the defendant on arraignment shall be inquired of only for a plea of guilty or not guilty to the crime charged, and that portion of the indictment or complaint that charges, or refers to a charge that, said crime is a second or subsequent offense shall not be read in open court. If such defendant pleads not guilty and is tried before a jury, no part of the complaint or indictment which alleges that the crime charged is a second or subsequent offense shall be read or shown to the jury or referred to in any manner during the trial; provided, however, that if a defendant takes the witness stand to testify, nothing herein contained shall prevent the impeachment of his credibility by evidence of any prior conviction, subject to the provisions of section twenty-one of chapter two hundred and thirty-three. If a defendant pleads guilty or if there is a verdict or finding of guilty after trial, then before sentence is imposed, the defendant shall be further inquired of for a plea of guilty or not guilty to that portion of the complaint or indictment alleging that the crime charged is a second or subsequent offense. If he pleads guilty thereto, sentence shall be imposed; if he pleads not guilty thereto, he shall be entitled to a trial by jury of the issue of conviction of a prior offense, subject to all of the provisions of law governing criminal trials. A defendant may waive trial by jury. The court may, in its discretion, either hold the jury which returned the verdict of guilty of the crime, the trial of which was just completed, or it may order the impanelling of a new jury to try the issue of conviction of one or more prior offenses. Upon the return of a verdict, after the separate trial of the issue of conviction of one or more prior offenses, the court shall impose the sentence appropriate to said verdict.


CREDIT(S)


Added by St.1967, c. 213.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 12. Acquittal of part of crime and conviction of residue


If a person indicted for a felony is acquitted by the verdict of part of the crime charged, and is convicted of the residue, such verdict may be received and recorded by the court, and thereupon the defendant shall be adjudged guilty of the crime, if any, which appears to the court to be substantially charged by the residue of the indictment, and shall be sentenced and punished accordingly.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 13. Repealed, 1970, 888, Sec. 8



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 14. Liability for fees of person acquitted


No prisoner or person under recognizance, acquitted by verdict or discharged because no indictment has been found against him, or for want of prosecution, shall be liable for any costs or fees or for any charge for subsistence while he was in custody.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 15. Discontinuance of prosecution under by-laws, ordinances, etc.


In a prosecution before a district court under the by-laws, ordinances, orders, rules or regulations of a city or town, the city solicitor, town counsel or other person appointed to represent such city or town may enter a nolle prosequi or do anything relative to such prosecution which may be done by the district attorney.


CREDIT(S)


Amended by St.1955, c. 131, § 7.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 16. Assignment of counsel for inmates of institutions for reformation of juvenile offenders


The court may assign counsel to an inmate of any institution for the reformation of juvenile offenders who is to be tried for an offence alleged to have been committed therein; and shall, upon application, order the superintendent or other officer of such institution to produce at the trial such inmates thereof as, in the opinion of the counsel for the defence, certified in writing, or of the judge, in the absence of counsel, are material witnesses for the defence; and such officer shall obey the order and provide for the custody and safe return of such inmates.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 16A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 16A. Exclusion of public from trial for sex offenses involving minors under age of eighteen


At the trial of a complaint or indictment for rape, incest, carnal abuse or other crime involving sex, where a minor under eighteen years of age is the person upon, with or against whom the crime is alleged to have been committed, or at the trial of a complaint or indictment for getting a woman with child out of wedlock, or for the non-support of a child born out of wedlock, the presiding justice shall exclude the general public from the court room, admitting only such persons as may have a direct interest in the case.


CREDIT(S)


Amended by St.1986, c. 334, § 16.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 16B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 16B. Exclusion of public from trial of criminal proceeding involving husband and wife


The presiding justice of a district court may exclude the general public from the court room during the trial of any criminal proceeding involving husband and wife.


CREDIT(S)


Added by St.1949, c. 302.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 16C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 16C. Exclusion of public from trial involving crime of incest or rape


To protect the parties involved at a trial arising from a complaint or indictment for incest or rape, the trial judge may exclude all spectators from the courtroom in which such trial is being held, or from said courtroom during those portions of such trial when direct testimony is to be presented; provided, that either of the parties requests that all spectators be so excluded at the trial or portions thereof; and provided further, that the defendant in such trial by a written statement waives his right to a public trial for those portions from which spectators are so excluded.


CREDIT(S)


Added by St.1978, c. 316.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 16D


Effective: February 19, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 16D. Child witness testimony; videotaping or transmission by simultaneous electronic means in certain cases


(a) For the purposes of this section, the following words shall have the following meanings:--


“Child witness”, a person who is under the age of fifteen years and who is alleged to have been a victim of, or a witness to an alleged violation of section thirteen B, 13B   1/2, 13B   3/4, thirteen F, thirteen H, twenty-two, twenty-two A, 22B, 22C, twenty-three, 23A, 23B, twenty-four, 24B or 50 of chapter two hundred and sixty-five, or section two, three, four, four A, four B, five, six, seven, eight, twelve, thirteen, sixteen, seventeen, twenty-four, twenty-eight, twenty-nine, twenty-nine A, twenty-nine B, thirty-three, thirty-four or thirty-five A of chapter two hundred and seventy-two.


“Simultaneous electronic means”, Any device capable of projecting a live visual and aural transmission such as closed-circuit television.


(b)(1) At any time after the issuance of a complaint or indictment alleging an offense punished by any of the statutes listed herein, the court on its own motion or on motion of the proponent of a child witness, and after a hearing, may order the use of a suitable alternative procedure for taking the testimony of the child witness, in proceedings pursuant to said complaint or indictment, provided that the court finds by a preponderance of the evidence at the time of the order that the child witness is likely to suffer psychological or emotional trauma as a result of testifying in open court, as a result of testifying in the presence of the defendant, or as a result of both testifying in open court and testifying in the presence of the defendant. If the court orders the use of a suitable alternative for taking the testimony of a child witness pursuant to this section, the court shall make and enter specific findings upon the record describing with particularity the reasons for such order.


(2) An order issued under paragraph (1) shall provide that the testimony of the child witness be recorded on videotape or film to be shown in court at a later time or that the testimony be transmitted to the courtroom by simultaneous electronic means.


(3) Testimony taken by an alternative procedure pursuant to an order issued under paragraph (1) shall be taken in the presence of the judge, the prosecutor, defense counsel and such other persons as the court may allow. The defendant shall also have the right to be present unless the court's order under paragraph (1) is based wholly or in part upon a finding that the child witness is likely to suffer trauma as a result of testifying in the presence of the defendant. If the order is based on such a finding, the testimony of the child witness shall not be taken in the presence of the defendant except as provided in paragraph (4).


(4) Testimony taken by an alternative procedure pursuant to an order issued under paragraph (1) shall be taken in a suitable setting outside the courtroom, except that an order based only on a finding that the child witness is likely to suffer trauma as a result of testifying in the presence of the defendant may provide that the testimony be taken in a suitable setting inside the courtroom in a manner so that the child witness is not able to see or hear the defendant.


(5) When testimony is taken by an alternative procedure pursuant to an order issued under paragraph (1), counsel shall be given the opportunity to examine or cross-examine the child witness to the same extent as would be permitted at trial, and the defendant shall be able to see and hear the child witness and to have constant private communication with defense counsel.


(6) The film, videotape or transmission of testimony taken by an alternative procedure pursuant to an order issued under paragraph (1) shall be admissible as substantive evidence to the same extent as and in lieu of live testimony by the child witness in any proceeding for which the order is issued or in any related criminal proceeding against the same defendant when consistent with the interests of justice, provided that such an order is entered or re-entered based on current findings at the time when or within a reasonable time before the film, videotape or transmission is offered into evidence. Subsequent testimony of a child witness in any such proceeding shall also be taken by a suitable alternative procedure pursuant to this section.


(7) Whenever pursuant to an order issued under paragraph (1), testimony is recorded on videotape or film or is transmitted to the courtroom by simultaneous electronic means, the court shall ensure that:


(a) The recording or transmitting equipment is capable of making an accurate recording or transmission and is operated by a competent operator;


(b) The recording or transmission is in color and the witness is visible at all times;


(c) Every voice on the recording or transmission is audible and identified;


(d) The courtroom is equipped with monitors which permit the jury and others present in the courtroom to see and hear the recording or transmission;


(e) In the case of recorded testimony, the recording is accurate and has not been altered;


(f) In the case of recorded testimony, each party is afforded the opportunity to view the recording before it is shown in the courtroom.


(8) Nothing in this section shall be deemed to prohibit the court from using other appropriate means, consistent with this section and other laws and with the defendant's rights, to protect a child witness from trauma during a court proceeding.


CREDIT(S)


Added by St.1985, c. 682. Amended by St.1986, c. 557, § 203; St.2010, c. 267, §§ 72 to 74, eff. Nov. 5, 2010; St.2011, c. 178, § 30, eff. Feb. 19, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 16E


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 16E. Repealed, 1994, 352, Sec. 2



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 16F


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 16F. Expedited trials of sex crimes involving minor children as victims or witnesses; continuance; impact statement


In any criminal proceeding involving an alleged sex crime perpetrated upon a minor child, or in which a minor child is expected to testify as a witness to a sex crime, the court shall, in order to minimize stress on such child, take action to expedite trial and give precedence to the case over any other case; provided, however, that nothing in this section shall be construed to mean that trial shall be expedited if it is not in the best interests of the child.


When a motion or a request for a continuance is made the prosecutor shall file an impact statement which specifies whether the commonwealth agrees to the request for continuance, whether the child or the child's representative agrees to such request, and the effect, if any, the granting of the continuance will have on the child. In ruling on any motion or request for continuance or other delay, the court shall consider and give weight to any possible adverse impact that a delay or continuance may have on the child. Prior to issuing an order on a motion for continuance or delay, the court shall make written findings of fact concerning the impact on the child of continuing or delaying the case.


CREDIT(S)


Added by St.1996, c. 86.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 17


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 17. Repealed, 1979, 344, Sec. 43B



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 18. Pleas of not guilty, guilty or nolo contendere; requests for specific disposition; pretrial motions


A defendant who is before the Boston municipal court or a district court or a district court sitting in a juvenile session or a juvenile court on a criminal offense within the court's final jurisdiction shall plead not guilty or guilty, or with the consent of the court, nolo contendere. Such plea of guilty shall be submitted by the defendant and acted upon by the court; provided, however, that a defendant with whom the commonwealth cannot reach agreement for a recommended disposition shall be allowed to tender a plea of guilty together with a request for a specific disposition. Such request may include any disposition or dispositional terms within the court's jurisdiction, including, unless otherwise prohibited by law, a dispositional request that a guilty finding not be entered, but rather the case be continued without a finding to a specific date thereupon to be dismissed, such continuance conditioned upon compliance with specific terms and conditions or that the defendant be placed on probation pursuant to the provisions of section eighty-seven of chapter two hundred and seventy-six. If such a plea, with an agreed upon recommendation or with a dispositional request by the defendant, is tendered, the court shall inform the defendant that it will not impose a disposition that exceeds the terms of the agreed upon recommendation or the dispositional request by the defendant, whichever is applicable, without giving the defendant the right to withdraw the plea.


If a defendant, notwithstanding the requirements set forth hereinbefore, attempts to enter a plea or statement consisting of an admission of facts sufficient for finding of guilt, or some similar statement, such admission shall be deemed a tender of a plea of guilty for purposes of the procedures set forth in this section.


Any pretrial motion filed in a criminal case pending in the Boston municipal court or district court or a district court sitting in a juvenile session or a juvenile court and decided before entry of defendant's decision on waiver of the right to jury trial shall not be refiled or reheard thereafter, except in the discretion of the court as substantial justice requires. Any such pretrial motion not filed or filed but not decided prior to entry of the defendant's decision on waiver of the right to jury trial may be filed thereafter but not later than twenty-one days after entry of said decision on waiver of the right to jury trial, except for good cause shown.


CREDIT(S)


Amended by St.1955, c. 131, § 8; St.1973, c. 657; St.1974, c. 167; St.1978, c. 478, § 302; St.1992, c. 379, § 193; St.1996, c. 200, § 37.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 18A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 18A. Repealed, 1978, 478, Sec. 303



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 19


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 19, 20. Repealed, 1992, 379, Sec. 194



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 20


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 19, 20. Repealed, 1992, 379, Sec. 194



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 21


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 21. Repealed, 1955, 131, Sec. 10



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 22


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 22. Repealed, 1992, 379, Sec. 194



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 23


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 23. Certain acts or omissions by defendant not admissible against him in criminal trial


At the trial of a criminal case in the superior court, upon indictment, or in a district court, the fact that the defendant did not testify at any preliminary hearing in the first court, or that at such hearing he waived examination or did not offer any evidence in his own defense, shall not be used as evidence against him, nor be referred to or commented upon by the prosecuting officer.


CREDIT(S)


Amended by St.1978, c. 478, § 305; St.1992, c. 379, § 195.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 24


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 24 to 26. Repealed, 1992, 379, Sec. 196



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 25


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 24 to 26. Repealed, 1992, 379, Sec. 196



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 26


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 24 to 26. Repealed, 1992, 379, Sec. 196



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 27


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 27. Repealed, 1979, 344, Sec. 43B



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 28


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 28. Appeal to supreme judicial court


A defendant aggrieved by a judgment of the district court or of the superior court in any criminal proceeding may appeal therefrom to the supreme judicial court.


CREDIT(S)


Amended by St.1979, c. 344, § 44; St.1992, c. 379, § 197.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 28A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 28A. Appellate division of superior court for review of sentences


There shall be an appellate division of the superior court for the review of sentences to the state prison imposed by final judgments in criminal cases, except in any case in which a different sentence could not have been imposed, and for the review of sentences to the reformatory for women for terms of more than five years imposed by final judgments in such criminal cases. Said appellate division shall consist of three justices of the superior court to be designated from time to time by the chief justice of said court and shall sit in Boston or at a Massachusetts correctional institution or at such other place as may be designated by the chief justice and at such times as he shall determine. No justice shall sit or act on an appeal from a sentence imposed by him. Two justices shall constitute a quorum to decide all matters before the appellate division.


A designation by the chief justice of the members of the appellate division shall be recorded by the clerk of the appellate division who shall forthwith send copies thereof to the several clerks of the superior court.


The clerk of the superior court for criminal business in Suffolk county shall be the clerk of the appellate division of the superior court. The first assistant clerk of superior court for criminal business in Suffolk county shall be the first assistant clerk of the appellate division of the superior court; the second assistant clerk of the superior court for criminal business in Suffolk county shall be the second assistant clerk of the appellate division of the superior court.


The clerk or an assistant clerk of the appellate division of the superior court shall attend all sittings of the appellate division wherever such sittings are held and shall record the proceedings thereof. The clerk shall have the care and custody of all records, books and papers which pertain to said appellate division. The clerk and the assistant clerks of the appellate division shall have all the power and authority of a clerk of courts in any county of the commonwealth in any and all matters pertaining to the appellate division or to any criminal case in which an appeal for a review of a sentence imposed in any county has been filed.


CREDIT(S)


Added by St.1943, c. 558, § 1. Amended by St.1945, c. 255, § 1; St.1968, c. 666, § 1; St.1978, c. 478, § 306.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 28B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 28B. Right of appeal to appellate division; time limit; stay of execution of sentence; jurisdiction; review of judgment, etc.; disposition


A person aggrieved by a sentence which may be reviewed may appeal to the appellate division for a review of such sentence. Upon the imposition of a sentence which may be reviewed, the clerk of the court shall notify the person sentenced of his right to appeal. The appeal shall be filed with the clerk of the court for the county where the judgment was rendered within ten days after the imposition of said sentence. An appeal shall not stay the execution of a sentence. The clerk of the court shall notify the chief justice, the justice who imposed the sentence and the clerk of the appellate division of the filing of an appeal. The justice who imposed the sentence appealed from may transmit to the appellate division a statement of his reasons for imposing the sentence and shall make such a statement within seven days if requested to do so by the appellate division.


The appellate division shall have jurisdiction to consider an appeal with or without a hearing, review the judgment so far as it relates to the sentence imposed and also any other sentence imposed when the sentence appealed from was imposed, notwithstanding the partial execution of any such sentence, and shall have jurisdiction to amend the judgment by ordering substituted therefor a different appropriate sentence or sentences or any other disposition of the case which could have been made at the time of the imposition of the sentence or sentences under review, but no sentence shall be increased without giving the defendant an opportunity to be heard. If the appellate division decides that the original sentence or sentences should stand, it shall dismiss the appeal. Its decision shall be final. The clerk of the appellate division shall forthwith notify the appellant, the superintendent of the correctional institution in which the appellant is confined, the clerk of the court in which judgment was rendered, the justice who imposed the sentence appealed from and the chief justice of the final action of the appellate division on an appeal. The appellate division may require the production of any records, documents, exhibits or other things connected with the proceedings. The superior court shall by rule establish forms for appeals hereunder and may by rule make such other regulations of procedure relative thereto, consistent with law, as justice may require.


CREDIT(S)


Added by St.1943, c. 558, § 1. Amended by St.1945, c. 255, § 2; St.1968, c. 666, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 28C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 28C. Amendment of judgment; resentencing or other disposition


If the judgment is amended by an order substituting a different sentence or sentences or disposition of the case, the appellate division or any member thereof shall resentence the defendant or make any other disposition of the case in accordance with the order of said appellate division. Time served on a sentence appealed from shall be deemed to have been served on a substituted sentence.


CREDIT(S)


Added by St.1943, c. 558, § 1. Amended by St.1945, c. 255, § 3; St.1955, c. 770, § 91; St.1957, c. 777, § 36; St.1968, c. 666, § 3.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 28D


Effective: July 1, 2007


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 28D. Repealed, 2007, 61, Sec. 31



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 28D 1/2


Effective: July 1, 2008


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 28D   1/2 . Salary of clerk of appellate division


The clerk of the appellate division shall receive from the commonwealth as salary an amount equal to 10 per cent of, and in addition to, the salary established and paid to said clerk of the superior court for criminal business in the county of Suffolk.


CREDIT(S)


Added by St.2008, c. 182, § 75, eff. July 1, 2008.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 28E


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 28E. Appeals by commonwealth


An appeal may be taken by and on behalf of the commonwealth by the attorney general or a district attorney from the district court to the appeals court in all criminal cases and in all delinquency cases from a decision, order or judgment of the court (1) allowing a motion to dismiss an indictment or complaint, (2) allowing a motion to suppress evidence, or (3) denying a motion to transfer pursuant to section sixty-one of chapter one hundred and nineteen.


An appeal may be taken by and on behalf of the commonwealth by the attorney general or a district attorney from the superior court to the supreme judicial court in all criminal cases from a decision, order or judgment of the court (1) allowing a motion to dismiss an indictment or complaint, or (2) allowing a motion for appropriate relief under the Massachusetts Rules of Criminal Procedure.


An application for an appeal from a decision, order or judgment of the superior court determining a motion to suppress evidence prior to trial may be filed in the supreme judicial court by a defendant or by and on behalf of the commonwealth by the attorney general or a district attorney. If such application is denied, or if such application is granted but the interlocutory appeal is heard by a single justice, the determination of the motion to suppress evidence shall be open to review by the full court after trial in the same manner and to the same extent as determinations of such motions not appealed under the interlocutory procedure herein authorized.


Rules of practice and procedure with respect to appeals authorized by this section shall be the same as those applicable to criminal appeals under the Massachusetts Rules of Appellate Procedure.


CREDIT(S)


Added by St.1967, c. 898, § 1. Amended by St.1972, c. 740, § 16; St.1979, c. 344, § 45; St.1991, c. 488, §§ 11, 12.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 29


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 29, 29A. Repealed, 1979, 344, Sec. 46



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 29A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 29, 29A. Repealed, 1979, 344, Sec. 46



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 29B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 29B. Withdrawal of uncounseled guilty plea


If a defendant having a right to counsel in a criminal proceeding has not been represented by counsel or has not properly waived his right to counsel and has entered a plea of guilty, such defendant may withdraw such plea as a matter of right at any time prior to imposition of sentence by the court.


CREDIT(S)


Added by St.1962, c. 262, § 1. Amended by St.1979, c. 344, § 47.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 29C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 29C. Repealed, 1979, 344, Sec. 48



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 29D


Effective: October 27, 2004


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 29D. Conviction upon plea of guilty, nolo contendere or an admission to sufficient facts; motion to vacate


The court shall not accept a plea of guilty, a plea of nolo contendere, or an admission to sufficient facts from any defendant in any criminal proceeding unless the court advises such defendant of the following: “If you are not a citizen of the United States, you are hereby advised that the acceptance by this court of your plea of guilty, plea of nolo contendere, or admission to sufficient facts may have consequences of deportation, exclusion from admission to the United States, or denial of naturalization, pursuant to the laws of the United States.” The court shall advise such defendant during every plea colloquy at which the defendant is proffering a plea of guilty, a plea of nolo contendere, or an admission to sufficient facts. The defendant shall not be required at the time of the plea to disclose to the court his legal status in the United States.


If the court fails so to advise the defendant, and he later at any time shows that his plea and conviction may have or has had one of the enumerated consequences, even if the defendant has already been deported from the United States, the court, on the defendant's motion, shall vacate the judgment, and permit the defendant to withdraw the plea of guilty, plea of nolo contendere, or admission of sufficient facts, and enter a plea of not guilty. Absent an official record or a contemporaneously written record kept in the court file that the court provided the advisement as prescribed in this section, including but not limited to a docket sheet that accurately reflects that the warning was given as required by this section, the defendant shall be presumed not to have received advisement. An advisement previously or subsequently provided the defendant during another plea colloquy shall not satisfy the advisement required by this section, nor shall it be used to presume the defendant understood the plea of guilty, or admission to sufficient facts he seeks to vacate would have the consequence of deportation, exclusion from admission to the United States, or denial of naturalization.


CREDIT(S)


Added by St.1978, c. 383. Amended by St.1996, c. 450, § 254; St.2004, c. 225, § 1, eff. Oct. 27, 2004.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 30


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 30 to 31C. Repealed, 1979, 344, Sec. 48



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 30A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 30 to 31C. Repealed, 1979, 344, Sec. 48



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 31


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 30 to 31C. Repealed, 1979, 344, Sec. 48



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 31A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 30 to 31C. Repealed, 1979, 344, Sec. 48



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 31B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 30 to 31C. Repealed, 1979, 344, Sec. 48



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 31C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 30 to 31C. Repealed, 1979, 344, Sec. 48



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 32


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 32 to 33D. Repealed, 1979, 346, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 32A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 32 to 33D. Repealed, 1979, 346, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 33


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 32 to 33D. Repealed, 1979, 346, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 33A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 32 to 33D. Repealed, 1979, 346, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 33B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 32 to 33D. Repealed, 1979, 346, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 33C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 32 to 33D. Repealed, 1979, 346, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 33D


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 32 to 33D. Repealed, 1979, 346, Sec. 1



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 33E


Effective: August 2, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 33E. Capital cases; review by supreme judicial court


In a capital case as hereinafter defined the entry in the supreme judicial court shall transfer to that court the whole case for its consideration of the law and the evidence. Upon such consideration the court may, if satisfied that the verdict was against the law or the weight of the evidence, or because of newly discovered evidence, or for any other reason that justice may require (a) order a new trial or (b) direct the entry of a verdict of a lesser degree of guilt, and remand the case to the superior court for the imposition of sentence. For the purpose of such review a capital case shall mean: (i) a case in which the defendant was tried on an indictment for murder in the first degree and was convicted of murder in the first degree; or (ii) the third conviction of a habitual offender under subsection (b) of section 25 of chapter 279. After the entry of the appeal in a capital case and until the filing of the rescript by the supreme judicial court motions for a new trial shall be presented to that court and shall be dealt with by the full court, which may itself hear and determine such motions or remit the same to the trial judge for hearing and determination. If any motion is filed in the superior court after rescript, no appeal shall lie from the decision of that court upon such motion unless the appeal is allowed by a single justice of the supreme judicial court on the ground that it presents a new and substantial question which ought to be determined by the full court.


CREDIT(S)


Amended by St.1939, c. 341; St.1962, c. 453; St.1974, c. 457; St.1979, c. 346, § 2; St.2012, c. 192, §§ 43, 44, eff. Aug. 2, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 33F


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 33F to 33H. Repealed, 1979, 346, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 33G


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 33F to 33H. Repealed, 1979, 346, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 33H


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§§ 33F to 33H. Repealed, 1979, 346, Sec. 3



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 34


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 34. Motions in arrest of judgment


No motion in arrest of judgment shall be allowed for a cause existing before verdict, unless it affects the jurisdiction of the court.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278 § 35


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278. Trials and Proceedings Before Judgment (Refs & Annos)

§ 35. Trial of male and female prisoners


In all trials in district courts, male and female prisoners shall not be placed at the same time in the same dock, unless they are complained of jointly.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. II, Ch. 278A, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 1


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 1. Definitions


As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: --


“Analysis”, the process by which a forensic or scientific technique is applied to evidence or biological material to identify the perpetrator of a crime.


“Biological material”, a sexual assault forensic examination kit, semen, blood, saliva, hair, skin tissue or other identified biological substance.


“Conviction”, a verdict or finding of guilty, a plea of guilty, a plea of nolo contendere or an adjudication of delinquency as a juvenile entered by the trial court.


“Exhaustive testing”, analysis of a particular item of evidence or biological material that precludes replicate analysis of the evidence or biological material.


“Factually innocent”, a person convicted of a criminal offense who did not commit that offense.


“Governmental entity”, an official body of the commonwealth, or of a county, city or town within the commonwealth.


“Identity”, the moving party’s identity as the perpetrator of the offense for which the moving party was convicted in the underlying case.


“Moving party”, a person who files a motion under this chapter.


“Post conviction”, indicates any time after which a conviction has been entered.


“Prosecuting attorney”, the district attorney for the district in which the moving party was convicted or the attorney general of the commonwealth.


“Replicate analysis”, the duplication of an analysis performed on a particular item of evidence or biological material.


“Underlying case”, the trial court proceedings that resulted in the conviction of the moving party.


“Victim”, any natural person who suffered direct or threatened physical, emotional or financial harm as the result of the commission or attempted commission of the crime or delinquency case that is the subject of the underlying case; “victim” shall also include the parent, guardian, legal representative or administrator or executor of the estate of such person if that person is a minor, incompetent or deceased.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 2


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 2. Conditions for filing motion for forensic or scientific analysis; affect of chapter upon analysis under other circumstances


A person may file a motion for forensic or scientific analysis under this chapter if that person: (1) has been convicted of a criminal offense in a court of the commonwealth; (2) is incarcerated in a state prison, house of correction, is on parole or probation or whose liberty has been otherwise restrained as the result of a conviction; and (3) asserts factual innocence of the crime for which the person has been convicted.


This chapter shall not be construed to prohibit the performance of forensic or scientific analysis under any other circumstances, including by agreement between the person convicted of a criminal offense and the prosecuting attorney.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 3


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 3. Filing of motion; contents; motion for discovery; affidavit of factual innocence; expeditious review of motion


(a) A person seeking relief under this chapter shall file a motion in the court in which the conviction was entered, using the same caption and docket number as identified the underlying case.


(b) The motion shall include the following information, and when relevant, shall include specific references to the record in the underlying case or to affidavits that are filed in support of the motion that are signed by a person with personal knowledge of the factual basis of the motion:


(1) the name and a description of the requested forensic or scientific analysis;


(2) information demonstrating that the requested analysis is admissible as evidence in courts of the commonwealth;


(3) a description of the evidence or biological material that the moving party seeks to have analyzed or tested, including its location and chain of custody if known;


(4) information demonstrating that the analysis has the potential to result in evidence that is material to the moving party’s identification as the perpetrator of the crime in the underlying case; and


(5) information demonstrating that the evidence or biological material has not been subjected to the requested analysis because:


(i) the requested analysis had not yet been developed at the time of the conviction;


(ii) the results of the requested analysis were not admissible in the courts of the commonwealth at the time of the conviction;


(iii) the moving party and the moving party’s attorney were not aware of and did not have reason to be aware of the existence of the evidence or biological material at the time of the underlying case and conviction;


(iv) the moving party’s attorney in the underlying case was aware at the time of the conviction of the existence of the evidence or biological material, the results of the requested analysis were admissible as evidence in courts of the commonwealth, a reasonably effective attorney would have sought the analysis and either the moving party’s attorney failed to seek the analysis or the judge denied the request; or


(v) the evidence or biological material was otherwise unavailable at the time of the conviction.


(c) If the moving party is unable to include for filing with the motion any of the items or information described in subsection (b), or if the moving party lacks items or information necessary to establish any of the factors listed in subsection (b) of section 7, the moving party shall include a description of efforts made to obtain such items and information and may move for discovery of such items or information from the prosecuting attorney or any third party.


(d) The moving party shall file with the motion an affidavit stating that the moving party is factually innocent of the offense of conviction and that the requested forensic or scientific analysis will support the claim of innocence. A person who pleaded guilty or nolo contendere in the underlying case may file a motion. The court shall not find that identity was not or could not have been a material issue in the underlying case because of the plea. A person who is alleged to have, or admits to having, made a statement that is or could be incriminating may file a motion under this chapter. The court shall not find that identity was not or should not have been a material issue in the underlying case because the moving party made, or is alleged to have made, an incriminating statement. If the moving party entered a plea of guilty or nolo contendere to the offense of conviction or made an incriminating statement, the moving party shall state in the affidavit that the claim of factual innocence is made notwithstanding the plea or incriminating statement.


(e) The court shall expediously [FN1] review all motions filed and shall dismiss, without prejudice, any such motion without a hearing if the court determines, based on the information contained in the motion, that the motion does not meet the requirements set forth in this section. The prosecuting attorney may provide a response to the motion, to assist the court in considering whether the motion meets the requirement under this section. The court shall notify the moving party and the prosecuting attorney as to whether the motion is sufficient to proceed under this chapter or is dismissed.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.


[FN1] So in original; probably should read “expeditiously”.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 4


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 4. Jurisdiction over motion; service of motion; response by prosecuting attorney


(a) The moving party shall file a motion under section 3 with the court that adjudicated the underlying case and shall serve a copy of the motion on the prosecuting attorney.


(b) If the motion is not dismissed by the court under subsection (e) of section 3, the prosecuting attorney shall file a response with the court within 60 days after the date upon which the court issues notice under said subsection (e) of said section 3, and shall simultaneously serve the response on the moving party. The prosecuting attorney may request additional time in which to file the response, which the court may grant for good cause shown.


(c) The prosecuting attorney's response shall include any specific legal or factual objections that the prosecuting attorney has to the requested analysis.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 5


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 5. Appointed counsel


The court may assign or appoint counsel to represent a moving party who meets the definition of indigency under section 2 of chapter 211D in the preparation and presentation of motions filed under this chapter.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 6


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 6. Hearing


(a) The court shall order a hearing on the motion if the motion meets the requirements of section 3. The moving party shall be present for the hearing unless the moving party waives the party’s presence at the hearing.


(b) The judge who conducted the trial or accepted the moving party’s plea of guilty or nolo contendere in the underlying case shall conduct the hearing if possible.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 7


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 7. Findings of fact and conclusions of law; criteria for allowing requested analysis; orders for discovery


(a) After reviewing the motion, the prosecuting attorney’s response and after holding a hearing, the court shall state findings of fact and conclusions of law on the record, or shall make written findings of fact and conclusions of law that support the decision to allow or deny a motion brought under section 3.


(b) The court shall allow the requested forensic or scientific analysis if each of the following has been demonstrated by a preponderance of the evidence:


(1) that the evidence or biological material exists;


(2) that the evidence or biological material has been subject to a chain of custody that is sufficient to establish that it has not deteriorated, been substituted, tampered with, replaced, handled or altered such that the results of the requested analysis would lack any probative value;


(3) that the evidence or biological material has not been subjected to the requested analysis for any of the reasons in clauses (i) to (v), inclusive, of paragraph (5) of subsection (b) of section 3;


(4) that the requested analysis has the potential to result in evidence that is material to the moving party's identification as the perpetrator of the crime in the underlying case;


(5) that the purpose of the motion is not the obstruction of justice or delay; and


(6) that the results of the particular type of analysis being requested have been found to be admissible in courts of the commonwealth.


(c) The court on motion of any party, after notice to the opposing party and any third party from whom discovery is sought, and an opportunity to be heard, may authorize such discovery as provided for under Rule 30(c)(4) of the Massachusetts Rules of Criminal Procedure, from either party or any third party as is deemed appropriate, subject to appropriate protective orders or an order to the party seeking discovery to produce reciprocal discovery.


Such discovery may include items and biological materials from third parties, provided the party seeking discovery demonstrates that analysis of these items or biological material will, by a preponderance of the evidence, provide evidence material to the identification of a perpetrator of the crime.


If, in response to a motion made under subsection (c) of section 3, the court finds good cause for the moving party's inability to obtain items or information required under subsection (b) of said section 3 and subsection (b) of section 7, the court may order discovery to assist the moving party in identifying the location and condition of evidence or biological material that was obtained in relation to the underlying case, regardless of whether it was introduced at trial or would be admissible. The court, when considering such discovery requests, shall not require the establishment of a prima facie case for relief under Rule 30 of the Massachusetts Rules of Criminal Procedure.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 8


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 8. Conditions of analysis; selection of forensic service provider; equal access to personnel and information; retention of material evidence to allow for replicate analysis; cooperation with laboratory by moving party


(a) In allowing a motion under section 3, the court shall specify conditions on the analysis, including, but not limited to, the transportation, handling and return of evidence or biological materials, to protect the integrity of the evidence or biological material and the analysis.


(b) The prosecuting attorney and the moving party shall agree on a forensic services provider accredited by the American Society of Crime Laboratory Directors Laboratory Accreditation Board to conduct the analysis, which, except in the case of exhaustive testing, may include the forensic and technology center of the state police crime laboratory or the Boston police department crime laboratory units.


(c) If the prosecuting attorney and the moving party are unable to agree on a forensic services provider, the prosecuting attorney and the moving party shall submit to the court a list of not more than 3 forensic services providers who are accredited by the American Society of Crime Laboratory Directors Laboratory Accreditation Board and have the capability to perform the requested analysis. The court shall select a forensic services provider from either list. For purposes of this section, “laboratory” shall refer to the forensic services provider selected under this subsection or subsection (b).


(d) The laboratory shall give equal access to its personnel, opinions, conclusions, reports and other documentation to the prosecuting attorney and the moving party.


(e) The laboratory shall retain and maintain the integrity of a sufficient portion of the evidence or biological material for replicate analysis. If, after initial examination of the evidence or biological material, but before the actual analysis, the laboratory determines that there is insufficient material for replicate analysis, it shall simultaneously notify in writing the prosecuting attorney, the moving party and the court. Exhaustive testing shall not occur except by specific order of the court. In the event that exhaustive testing is so authorized, upon request of either party, the court shall make such orders to ensure that representatives of the moving party and the prosecuting attorney have the opportunity to observe the analysis, unless such observation is inconsistent with the practices or protocols of the laboratory conducting the analysis.


(f) The moving party shall cooperate with the laboratory. At the laboratory’s or the prosecuting attorney’s request and upon court order, the moving party shall provide biological samples to the laboratory or to law enforcement personnel. If the moving party unreasonably fails to cooperate with such orders, the court may deny the motion with prejudice.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 9


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 9. Time for performing analysis


Upon allowance of a motion under section 3, analysis shall take place as soon as practicable.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 10


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 10. Cost of analysis


The costs of the analysis shall be paid:


(1) by the moving party if the moving party does not meet the definition of indigency under section 2 of chapter 211D and has sufficient means to make such payment;


(2) if the moving party meets the definition of indigency under said section 2 of said chapter 211D, as an extra fee or cost under sections 27A through 27G, inclusive, of chapter 261; or


(3) if a person is indigent, but has the ability to pay a reduced fee as defined under said section 2 of said chapter 211D, by the moving party to the maximum feasible amount possible given the financial resources of the moving party as the court deems equitable.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 11


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 11. Effect of proceedings on terms of sentence imposed


Proceedings under this chapter shall not stay or otherwise interfere with a term of incarceration, parole, probation or other sentence imposed.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 12


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 12. Disclosure of analysis results; orders to produce data, documents and notes


(a) The results of the analysis shall be simultaneously disclosed to the moving party, the prosecuting attorney and the court.


(b) The court shall, at the request of a party or on its own initiative, order production of the underlying laboratory data, documents and notes.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 13


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 13. Additional analysis ordered upon inconclusive findings


If the analysis is inconclusive, the court may order any additional analysis requested if the court concludes that the requirements of subsection (b) of section 7 are met.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 14


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 14. Victim notification


(a) If a motion is filed under section 3, the prosecuting attorney shall notify the victim of the crime in the underlying case.


(b) The prosecuting attorney shall notify the victim if the court allows a motion for forensic or scientific analysis and, if the victim is notified of the allowance of the motion, shall promptly notify the victim of the result of the analysis.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 15


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 15. Waiver of right to file motion prohibited


The right to file a motion under this chapter shall not be waived. This prohibition of any waiver includes, but is not limited to, any stated or unstated waiver that is or is alleged to be part of any agreement or understanding related to any plea of guilty or of nolo contendere or to any sentencing or appellate proceeding or to any correctional placement or conditions.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 16


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 16. Retention and preservation of evidence or biological material by governmental entities; regulations


(a) Any governmental entity that is in possession of evidence or biological material that is collected for its potential evidentiary value during the investigation of a crime, the prosecution of which results in a conviction, shall retain such evidence or biological material for the period of time that a person remains in the custody of the commonwealth or under parole or probation supervision in connection with that crime, without regard to whether the evidence or biological material was introduced at trial. Each governmental entity shall retain all such evidence or biological material in a manner that is reasonably designed to preserve the evidence and biological material and to prevent its destruction or deterioration. The evidence or biological material need not be preserved if it is to be returned to a third party or if it is of such a size, bulk or physical character as to render retention impracticable.


(b) The director of the crime laboratory within the department of state police, in consultation with the forensic sciences advisory board established by section 184A of chapter 6, shall promulgate regulations governing the retention and preservation of evidence or biological material by any governmental entity. The regulations shall include standards for maintaining the integrity of the materials over time, the designation of officials at each governmental entity with custodial responsibility and requirements for contemporaneously recorded documentation of individuals having and obtaining custody of any evidence or biological material.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 17


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 17. Civil or criminal liability of governmental officials; willful or wanton misconduct or gross negligence by governmental entities resulting in deterioration or destruction of evidence; damages


(a) Governmental officials and employees acting in good faith shall not be liable in a civil or criminal proceeding for any act under this chapter.


(b) If a governmental entity responsible for the preservation of evidence or biological material engages in willful or wanton misconduct or gross negligence, which results in the deterioration or destruction of evidence or biological material so that a laboratory is unable to perform adequate or proper analysis, that entity shall be subject to proceedings for contempt.


(c) Nothing in this chapter shall create any cause of action for damages against the commonwealth or any of its subdivisions or officers, employees, agents or subdivisions, except as provided in this section.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 278A § 18


Effective: May 17, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 278A. Post Conviction Access to Forensic and Scientific Analysis (Refs & Annos)

§ 18. Appeals


An order allowing or denying a motion for forensic or scientific analysis filed under this chapter shall be a final and appealable order. If the moving party appeals an order denying a motion for forensic or scientific analysis the moving party shall file a notice of appeal with the court within 30 days after the entry of the judgment.


CREDIT(S)


Added by St.2012, c. 38, eff. May 17, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. II, Ch. 279, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 1


Effective: November 4, 2010


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 1. Suspension of execution; payment of fine; probation; revocation of suspension; exceptions


When a person convicted before a court is sentenced to imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended and that he be placed on probation for such time and on such terms and conditions as it shall fix. When a person so convicted is sentenced to pay a fine and to stand committed until it is paid, the court may direct that the execution of the sentence, or any part thereof, be suspended for such time as it shall fix and in its discretion that he be placed on probation on condition that he pay the fine within such time. If the fine does not exceed two hundred dollars and the court finds that the defendant is unable to pay it when imposed, the execution of the sentence shall be suspended and he may in its discretion be placed on probation, unless the court shall find that he will probably default, or that such suspension will be detrimental to the interests of the public. If he is committed for nonpayment of a fine, the order of commitment shall contain a recital of the findings of the court on which suspension is refused. The fine shall be paid in one payment, or in part payments, to the probation officer, and when fully paid the order of commitment shall be void. The probation officer shall give a receipt for every payment so made, shall keep a record of the same, shall pay the fine, or all sums received in part payment thereof, to the sheriff if such fine is imposed in the superior court, or to the clerk of the court if such fine is imposed in the district court, at the end of the period of probation or any extension thereof, and shall keep on file the sheriff's or clerk's receipt therefor. If during or at the end of said period the probation officer shall report that the fine is in whole or in part unpaid, and in his opinion the person is unwilling or unable to pay it, the court may either extend said period, place the case on file or revoke the suspension of the execution of the sentence. When such suspension is revoked, in a case where the fine has been paid in part, the defendant may be committed for default in payment of the balance.


The provisions of this section shall not permit the suspension of the execution of the sentence of a person convicted of a crime punishable by death or imprisonment for life. In granting probation under this section, the court shall include in its terms and conditions of probation that the person convicted shall pay any child support due under a support order, as defined in section 1A of chapter 119A, including payment toward any arrearage of support that accrues or has accrued or compliance with any payment plan between the person convicted and the IV-D agency as set forth in said chapter 119A.


When a person is sentenced by a court upon conviction of any crime, he shall be informed by the probation department on a form provided by the department of criminal justice information services that he will have a criminal record that may be accessible to the public under certain conditions, and of his rights pertaining thereto, as provided in sections one hundred and sixty-seven through one hundred and seventy-eight of chapter six.


CREDIT(S)


Amended by St.1934, c. 205, § 1; St.1935, c. 358, § 1; St.1936, c. 434, § 2; St.1938, c. 354; St.1939, c. 299, § 5; St.1966, c. 292; St.1967, c. 333; St.1975, c. 347; St.1989, c. 207; St.1990, c. 319, § 18; St.1998, c. 64, § 289; St.2010, c. 256, § 134, eff. Nov. 4, 2010.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 1A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 1A. Suspension of execution of sentence; probation; child support payments


When a person convicted before a court is sentenced to fine and imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended, and that he be placed on probation for such time and on such terms and conditions as it shall fix. The court may direct, as one of such terms and conditions, that payment of the fine may be made to the probation officer in one payment, or in part payments, during the period of probation or any extension thereof, and when such fine shall have been fully paid the order of commitment as to the fine shall be void, but the order of commitment as to imprisonment shall not be affected by such payment. The probation officer shall give a receipt for every payment so made, shall keep a record of the same, shall pay the fine, or all sums received in part payment thereof, to the clerk of the court at the end of the period of probation or any extension thereof, and shall keep on file the clerk's receipt therefor. If during or at the end of said period the probation officer shall report that the fine is in whole or in part unpaid, and in his opinion the person is unwilling or unable to pay it, the court may either extend said period, place the case on file or revoke the suspension of the execution of the sentence. When such suspension is revoked, in a case where the fine has been paid in part, the defendant may be committed for default in payment of the balance, and may also be committed for the term of imprisonment fixed in the original sentence. This section shall not permit the suspension of the execution of the sentence of any person convicted of a crime punishable by imprisonment for life or of a crime an element of which is being armed with a dangerous weapon, or of any person convicted of any other felony if it shall appear that he has been previously convicted of any felony. In granting probation under this section, the court shall include in its terms and conditions of probation that the person convicted shall pay any child support due under a support order, as defined in section 1A of chapter 119A, including payment toward any arrearage of support that accrues or has accrued or compliance with any payment plan between the person convicted and the IV-D agency as set forth in said chapter 119A.


CREDIT(S)


Amended by St.1934, c. 205, § 2; St.1975, c. 459, §§ 1, 2; St.1978, c. 478, § 309; St.1992, c. 379, § 198; St.1998, c. 64, § 290.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 1B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 1B. Funds collection and disbursement; single point for clerk-magistrate and probation offices


Notwithstanding any other provision of law, the administrative justice of a department of the trial court may direct that both the clerk-magistrate's office and the probation office of one or more court divisions are to utilize a single funds collection and disbursement point within the courthouse.


CREDIT(S)


Added by St.1992, c. 133, § 570.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 2. Suspension of execution of orders of commitment to Massachusetts reformatory, etc.


In all cases the execution of orders of commitment to any training school or reformatory, however named, the department of youth services, or the department of public welfare may be suspended, and such suspension continued or revoked, in the same manner and with the same effect as the execution of sentences in criminal cases.


CREDIT(S)


Amended by St.1949, c. 584; St.1969, c. 838, § 64.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 3


Effective: April 5, 2004


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 3. Arrest without warrant of person on probation; notice of surrender; surrender hearing; warrant for arrest of persons already imprisoned; application for disposition; temporary custody


At any time before final disposition of the case of a person placed under probation supervision or in the custody or care of a probation officer, the probation officer may arrest him without a warrant and take him before the court, or the court may issue a warrant for his arrest. When taken before the court, it may, if he has not been sentenced, sentence him or make any other lawful disposition of the case, and if he has been sentenced, it may continue or revoke the suspension of the execution of his sentence; provided however, that in all cases where the probationer is served with notice of surrender and at least one of the underlying crimes for which he is on probation is a felony, then the probation officer shall provide a duplicate copy of the notice of surrender to the district attorney, and the court shall provide to the district attorney the opportunity to be heard and present evidence at the surrender hearing. If such suspension is revoked, the sentence shall be in full force and effect. If a warrant has been issued by the court for the arrest of such a person and he is a prisoner in any correctional institution, jail or house of correction, the commissioner of correction, the sheriff, master or keeper of said house of correction, or in Suffolk county, the penal institutions commissioner of the city of Boston, as the case may be, having such prisoner under his supervision or control, upon receiving notice of such warrant, shall notify such prisoner that he has the right to apply to the court for prompt disposition thereof. Such an application shall be in writing and given or sent by such prisoner to the commissioner of correction, or such sheriff, master, keeper, or penal institutions commissioner, who shall promptly forward it to the court from which the warrant issued, by certified mail, together with a certificate of said commissioner of correction, sheriff, master, keeper, or penal institutions commissioner, stating (a) the term of commitment under which such prisoner is being held, (b) the amount of time served, (c) the amount of time remaining to be served, (d) the amount of good time earned, (e) the time of parole eligibility of such prisoner, and (f) any decisions of the board of parole relating to such prisoner. Said commissioner of correction, sheriff, master, keeper, or penal institutions commissioner shall notify the appropriate district attorney by certified mail of such application to the court. Any such prisoner shall, within six months after such application is received by the court, be brought into court for sentencing or other lawful disposition of his case as hereinbefore provided.


In no case where a provision of this chapter provides for a finding, disposition or other order to be made by the court, or for a warrant to be issued, shall such be made or issued by any person other than a justice, special justice or other person exercising the powers of a magistrate.


Notwithstanding any restriction in the preceding paragraph, if a probation officer has probable cause to believe that a person placed under probation supervision or in the custody or care of a probation officer pursuant to sections 42A, 58A or 87 of chapter 276 or any other statute that allows the court to set conditions of release, has violated the conditions set by the court, the probation officer may arrest the probationer or may issue a warrant for the temporary custody of the probationer for a period not to exceed 72 hours or until the next sitting of the court, during which period the probation officer shall arrange for the appearance of the probationer before the court pursuant to the first paragraph of this section. Such warrant shall constitute sufficient authority to a probation officer and to the superintendent, jailer, or any other person in charge of any jail, house of correction, lockup, or place of detention to whom it is exhibited, to hold in temporary custody the probationer detained pursuant thereto.


CREDIT(S)


Amended by St.1972, c. 251; St.1974, c. 300; St.1978, c. 478, § 310; St.1996, c. 151, § 498; St.1997, c. 43, § 147; St.2004, c. 65, § 27, eff. April 5, 2004.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 3A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 3A. Motion of district attorney for sentence


Not later than seven days after a plea of guilty or after a verdict of guilty and in any event before adjournment of the sitting at which such plea or verdict has been taken and recorded in a case of felony wherein no question of law has been reported for decision by the supreme judicial court, the district attorney shall move for sentence; provided, that nothing herein shall preclude the district attorney from again making such a motion in any case where the imposition of sentence is delayed under section forty-seven.


CREDIT(S)


Amended by St.1935, c. 50, § 2; St.1935, c. 437, § 2.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 4. Imposition of sentence; stay of execution


Sentence shall be imposed upon conviction of a crime, regardless of whether an appeal has been taken, except as otherwise provided in section sixty-one in case of a conviction of a capital crime.


If sentence is imposed upon conviction of a crime punishable by death, the justice imposing the sentence shall at the same time stay the execution of the sentence, such stay to be effective until revoked by the superior court department of the trial court, which is hereby granted full powers of revocation in the premises. The clerk of such court shall, forthwith upon the revocation by the court of any such stay of execution of sentence, certify that said stay has been revoked and cause said certificate to be served upon the superintendent of the state prison, or the officer performing his duties, by any officer qualified to serve criminal process; and the officer serving the same shall forthwith make due return of service to the clerk.


CREDIT(S)


Amended by St.1935, c. 50, § 3; St.1935, c. 437, § 3; St.1955, c. 770, § 92; St.1957, c. 777, § 37; St.1966, c. 678; St.1972, c. 740, § 17; St.1979, c. 344, § 49; St.1982, c. 554, § 4.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 4A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 4A. Repealed, 1979, 344, Sec. 50



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 4B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 4B. Notice to victim of sentencing proceedings; oral or written statements


Before disposition in any case where a defendant has been found guilty of any felony or any crime against the person or crime where physical injury to a person results, excluding any crime for which a sentence of death may be imposed, and which involves an identified victim whose whereabouts are known, the district attorney shall give the victim actual notice of the time and place of sentencing and of the victim's right to make a statement to the court, orally or in writing at the victim's option, as to the impact of the crime and as to a recommended sentence. Before disposition, the court shall allow any victim who elects to make such an oral statement the opportunity to do so in the presence of the defendant. Before disposition, the district attorney shall file any such written statement with the court and shall make it available to the defendant.


If the victim is unable to make an oral or written statement because of his mental, emotional, or physical incapacity or his age, his attorney or a designated family member shall be provided the notice and the opportunity to make a statement prescribed in this paragraph.


Before said disposition the office of the district attorney shall cause to be prepared a written statement as to the impact of the crime on the victim, which shall be filed with the court as part of the presentence report and made available to the defendant. The statement shall include the following: (1) the name of the victim; (2) documentation of the net financial loss, if any, suffered by the victim or a family member as a result of the crime; (3) in cases where the crime has had an impact on the victim's personal welfare or family relationship or has had a psychological impact on the victim or his family, a statement of such impact.


The court shall allow the defendant to have the opportunity to rebut the victim's oral or written statement and the district attorney's written statement if the court decides to rely upon such statements or parts thereof in imposing sentence.


No sentence shall be invalidated because of failure to comply with the provisions of this section. This section shall not be construed to create any cause of action or any right of appeal on behalf of any person.


CREDIT(S)


Added by St.1983, c. 694, § 3. Amended by St.1995, c. 24, § 7.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 5. Sentence if no punishment is provided by statute


If no punishment for a crime is provided by statute, the court shall impose such sentence, according to the nature of the crime, as conforms to the common usage and practice in the commonwealth. If a person is convicted of a misdemeanor punishable by imprisonment, he may, unless otherwise expressly provided, be sentenced to imprisonment either in the jail or in the house of correction.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 6. Sentence to jail or house of correction


Whoever is convicted of a crime punishable wholly or in part by imprisonment in jail may be sentenced to such imprisonment in the house of correction or to confinement at hard labor either in the jail or house of correction; and if convicted of a crime punishable by imprisonment in the house of correction may be sentenced to such imprisonment in a jail.


CREDIT(S)


Amended by St.1955, c. 770, § 93.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 6A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 6A. Special sentence of imprisonment; eligible offenders; revocation or rescission of special sentence; subsequent crimes


When a person is sentenced on a first offense to imprisonment in a jail or house of correction for a term which does not exceed one year, the court may order the sentence to be served in whole or in part on weekends and legal holidays or such other periodic interval as the court may determine. Such a sentence shall be known as a special sentence of imprisonment. If an offender receives a special sentence of imprisonment under this section, he shall, unless otherwise provided by the sentence of the court, report to the institution to which he has been sentenced no later than 6:00 p.m. on Friday and shall be released at 7:00 a.m. on the succeeding Monday; provided, however, that if the succeeding Monday is a holiday, the offender shall not be released until 7:00 a.m. on Tuesday; and provided further, that the total time served shall be equal to the sentence imposed.


On application of the offender, of the department of correction or the director of the institution to which the offender is committed, or on its own motion, the court may after a hearing rescind or modify an order under the first paragraph, and may direct that the balance of the sentence of imprisonment shall be served consecutively. Before a special sentence is rescinded or modified, the court shall cause the notification thereof to be given to the district attorney and to the offender.


If while serving such a special sentence, such person is convicted of a subsequent crime other than a nonmoving motor vehicle violation, the terms of said special sentence shall be rescinded and said person shall complete the balance of his original sentence consecutively in the jail or house of correction in which he has been serving said special sentence.


CREDIT(S)


Added by St.1977, c. 537. Amended by St.1997, c. 19, § 121; St.1998, c. 463, § 193.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 7. Sentence to jail or house of correction for non-payment of fine


Whoever is convicted of a crime punishable by a fine, and is liable to imprisonment in the jail for its non-payment, may be sentenced to such imprisonment in the house of correction, or to confinement at hard labor either in the jail or house of correction.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 8. Commitments upon two or more sentences


A convict upon whom two or more sentences to imprisonment are imposed may be fully committed upon all such sentences at the same time, and shall serve them in the order named in the mittimuses upon which he is committed; but when fine and imprisonment are named in one of the sentences the prisoner shall always be committed upon the term sentence first.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 8A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 8A. Determination of time of taking effect of sentence; “from and after” sentence


For the purpose only of determining the time of the taking effect of a sentence which is ordered to take effect from and after the expiration of a previous sentence, such previous sentence shall be deemed to have expired when a prisoner serving such previous sentence shall have been released therefrom by parole or otherwise. Nothing in this section shall be construed to alter or control any provision of section one hundred and thirty-one or one hundred and forty-nine of chapter one hundred and twenty-seven.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 8B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 8B. Commission of crime while released on personal recognizance; consecutive sentence


If a defendant on release subject to the provisions of section fifty-eight of chapter two hundred and seventy-six, commits a crime, the sentence imposed for such a crime shall run consecutively to the earlier sentence for the crime for which he was on release.


CREDIT(S)


Added by St.1981, c. 802, § 5. Amended by St.1994, c. 68, § 8.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 9. Second sentence for non-payment of fine


Except as provided in section one hundred and forty-six of chapter one hundred and twenty-seven, if a convict is sentenced to pay a fine in more than one case and has been committed to a jail, house of correction or other prison or other correctional institution for refusing to pay such fine, the subsequent sentence shall take effect upon the expiration of the imprisonment under the former sentence.


CREDIT(S)


Amended by St.1932, c. 221, § 2; St.1955, c. 770, § 94.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 10. Conditional sentence


If a person has been convicted of a crime punishable, at the discretion of the court, by fine or imprisonment in the jail or house of correction or by fine or imprisonment in the state prison, the court may impose upon him a conditional sentence, and order him to pay a fine within a limited time which shall be expressed in the sentence, and in default thereof to suffer such imprisonment as is provided by law. He shall be forthwith committed to the custody of an officer in court or to the jail, to be detained until the sentence is complied with; and if he does not within the time limited pay the fine imposed, the sheriff shall cause the other part of the sentence to be executed forthwith.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 11. Punishment by imprisonment only or by fine only when law prescribes both


Whoever is convicted of a crime, punishable by fine and imprisonment either in the jail or house of correction, except a person convicted under section thirty G of chapter one hundred and thirty-eight, may at the discretion of the court, be sentenced to be punished by imprisonment only, or by a fine only, if he shows to the satisfaction of the court that he has not before been convicted of a similar crime.


CREDIT(S)


Amended by St.1934, c. 328, § 28.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 12. Recognizance of husband convicted of assault upon wife


Except as provided in section twenty-eight of chapter two hundred and eighteen and in section twenty of chapter two hundred and nineteen, if a husband is convicted of an assault upon his wife, the court may, in addition to the other penalties imposed, or in lieu thereof, order him to recognize with surety or sureties to keep the peace for any term of not more than two years, and may at any time revoke such order or reduce the amount required or order that the recognizance be taken without surety.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 13. Recognizance to keep the peace or to be of good behavior


Except as provided in section twenty-eight of chapter two hundred and eighteen and in section twenty of chapter two hundred and nineteen, whoever is convicted of a misdemeanor may, in addition to the punishment prescribed by law, be required to recognize, with sufficient sureties, in a reasonable sum to keep the peace, or to be of good behavior, or both, for any term of not more than two years, and to stand committed until he so recognizes.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 14. Recognizance; filing; proceedings on breach of condition


Such recognizance shall be filed of record in the superior court for the county, and, upon a breach of the condition thereof, the proceedings shall be as provided in chapter two hundred and seventy-five relative to recognizances to keep the peace and be of good behavior.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 15. Sentence to jail or house of correction in any county


Whoever is convicted of a crime, punishable by imprisonment in the jail or house of correction, may be sentenced to a jail or house of correction of any county, and the master or keeper shall receive and detain him in the same manner as if he had been sentenced by a court sitting in the county where such jail or house of correction is situated.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 16. Sentencing of female to Massachusetts Correctional Institution, Framingham


A female, convicted of a crime punishable by imprisonment in a jail or house of correction, may be sentenced to the Massachusetts Correctional Institution, Framingham.


CREDIT(S)


Amended by St.1972, c. 293, § 1.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 17


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 17. Repealed, 1993, 432, Sec. 14



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 18


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 18. Repealed, 1993, 432, Sec. 15



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 19


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 19. Place of imprisonment of females convicted of felony


The sentence to imprisonment of a female convicted of a felony shall be executed in the Massachusetts Correctional Institution, Framingham; or the court imposing sentence in such a case may impose the sentence in a jail or house of correction provided by law in the case of male prisoners, if it does not exceed two and one half years.


CREDIT(S)


Amended by St.1955, c. 770, § 95.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 20


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 20. Execution of sentence of imprisonment of females sentenced to confinement at hard labor


Subject to the preceding section, a sentence of a female convict of whatever age to confinement at hard labor shall be executed in a jail or house of correction or the Massachusetts Correctional Institution, Framingham as the court orders.


CREDIT(S)


Amended by St.1955, c. 770, § 96.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 21


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 21. Repealed, 1931, 426, Sec. 49



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 22


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 22. Repealed, 1955, 770, Sec. 122



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 23


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 23. Limitation of sentences of males to jails or houses of correction


No sentence of a male convict to imprisonment or confinement for more than two and one half years shall be executed in any jail or house of correction.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 24


Effective: August 2, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 24. Indeterminate sentence to state prison


If a convict is sentenced to the state prison, except as an habitual criminal, the court shall not fix the term of imprisonment, but shall fix a maximum and a minimum term for which he may be imprisoned. The maximum term shall not be longer than the longest term fixed by law for the punishment of the crime of which he has be [FN1] convicted, and the minimum term shall be a term set by the court, except that, where an alternative sentence to a house of correction is permitted for the offense, a minimum state prison term may not be less than one year. In the case of a sentence to life imprisonment, except in the case of a sentence for murder in the first degree, and in the case of multiple life sentences arising out of separate and distinct incidents that occurred at different times, where the second offense occurred subsequent to the first conviction, the court shall fix a minimum term which shall be not less than 15 years nor more than 25 years.


CREDIT(S)


Amended by St.1993, c. 432, § 16; St.2012, c. 192, § 46, eff. Aug. 2, 2012.


[FN1] So in enrolled bill; probably should read “has been”.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 25


Effective: August 2, 2012


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 25. Punishment of habitual criminals


(a) Whoever is convicted of a felony and has been previously twice convicted and sentenced to state prison or state correctional facility or a federal corrections facility for a term not less than 3 years by the commonwealth, another state or the United States, and who does not show that the person has been pardoned for either crime on the ground that the person was innocent, shall be considered a habitual criminal and shall be punished by imprisonment in state prison or state correctional facility for such felony for the maximum term provided by law.


(b) Whoever: (i) has been convicted 2 times previously of 1 or more of the following offenses: section 1, section 13, section 13   1/2, clause (i) of subsection (b) of section 13A, section 13B, subsection (a) of section 13B    1/2, section 13B    3/4, section 13F, committing an assault and battery upon a child and by such assault and battery causing bodily injury or substantial bodily injury under subsection (b) of section 13J, section 14, section 15, clause (i) of subsection (c) of section 15A, section 16, sections 17 and 18 if armed with a firearm, shotgun, rifle, machine gun, or assault weapon, section 18A, section 18B, section 18C, section 21, section 22, section 22A, section 22B, section 22C, section 23A, section 23B, section 24, section 24B, section 26, section 26B, section 26C, section 28, and subsection (b) of section 39 of chapter 265, section 14 or section 102C of chapter 266, section 4A, section 17, subsection (b) of section 29A, subsection (b) of section 29B, section 29C, section 35A and subsection (b) of section 53A of chapter 272, or has been convicted 2 times previously of a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority, arising out of charges separately brought and tried, and arising out of separate and distinct incidents that occurred at different times, where the second offense occurred subsequent to the first conviction; (ii) has been sentenced to incarceration at a state prison or state correctional facility or federal correction facility for at least 3 years to be served for each of the prior 2 convictions; and (iii) does not show that he has been pardoned for either prior offense on the ground that he was innocent shall, upon conviction of 1 of the enumerated offenses in clause (i), where the offense occurred subsequent to the second conviction, shall be considered a habitual offender and shall be imprisoned in the state prison or state correctional facility for the maximum term provided by law for the offense enumerated in clause (i). No sentence imposed under this subsection shall be reduced or suspended nor shall such person so sentenced be eligible for probation, parole, work release or furlough or receive any deduction from such person's sentence for good conduct. A sentence imposed on a habitual offender under this subsection, if such habitual offender is incarcerated at a state prison or state correctional facility, shall commence upon the conclusion of the sentence such habitual offender is serving at the time of sentencing.


(c) No person shall be considered a habitual offender under subsection (b) based upon any offense for which such person was adjudicated a youthful offender, a delinquent child, or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority for which a person was treated as a juvenile.


(d) Upon sentencing a defendant to a qualifying term of incarceration, or prior to accepting a guilty plea for any qualifying offense listed in subsection (b), the court shall inform the defendant that a conviction or plea of guilty for such an offense implicates the habitual offender statute and that upon conviction or plea of guilty for the third or subsequent of said offenses: (1) the defendant may be imprisoned in the state prison for the maximum term provided by law for such third or subsequent offense; (2) no sentence may be reduced or suspended; and (3) the defendant may be ineligible for probation, parole, work release or furlough, or to receive any deduction in sentence for good conduct. No otherwise valid plea or conviction shall be vacated based upon the failure to give such warnings.


CREDIT(S)


Amended by St.2012, c. 192, § 47, eff. Aug. 2, 2012.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 26


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 26. Further sentence of convict in state prison


A convict under sentence of imprisonment in the state prison may be further sentenced for a maximum term not longer than the longest term fixed by law for the punishment of the crime for which he has been convicted, and a minimum term not less than one year.


CREDIT(S)


Amended by St.1946, c. 276.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 27


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 27. Immediate execution of sentence to state prison of convict sentenced to jail or house of correction


If a convict serving a sentence of imprisonment in a jail or house of correction is convicted of a felony, the court may impose sentence of imprisonment in the state prison and order it to take effect forthwith, notwithstanding the former sentence. The convict shall thereupon be removed to the reception center established under section twenty of chapter one hundred and twenty-seven, and shall be discharged at the expiration of his sentence thereto.


CREDIT(S)


Amended by St.1955, c. 770, § 97.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 28


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 28. Repealed, 1993, 432, Sec. 17



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 29


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 29. Repealed, 1955, 770, Sec. 122



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 30


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 30. Vacation of office from time of sentence to state prison


If a convict sentenced by a court of the commonwealth or of the United States to imprisonment in the state prison or by a court of the United States to a federal penitentiary for a felony holds an office under the constitution or laws of the commonwealth at the time of sentence, it shall be vacated from the time of sentence. If the judgment against him is reversed upon writ of error, he shall be restored to his office with all its rights and emoluments; but, if pardoned, he shall not by reason thereof be restored, unless it is so expressly ordered by the terms of the pardon.


CREDIT(S)


Amended by St.1951, c. 642.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 31


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 31. Repealed, 1993, 432, Sec. 18



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 32


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 32. Repealed, 1993, 432, Sec. 19



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 33


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 33. Repealed, 1993, 432, Sec. 20



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 33A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 33A. Credit for days of confinement awaiting and during trial


The court on imposing a sentence of commitment to a correctional institution of the commonwealth, a house of correction, or a jail, shall order that the prisoner be deemed to have served a portion of said sentence, such portion to be the number of days spent by the prisoner in confinement prior to such sentence awaiting and during trial.


CREDIT(S)


Added by St.1955, c. 770, § 101. Amended by St.1958, c. 173; St.1961, c. 75.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 34


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 34. Delivery to sheriff of certified transcript from minutes of court of conviction and sentence; execution of sentence


When a convict is sentenced to pay a fine or to be imprisoned, the clerk of the court shall forthwith make out and deliver to the sheriff or to some officer in court a duly certified transcript from the minutes of the court of the conviction and sentence, which shall authorize the officer to execute such sentence, and he shall execute it accordingly. When such convict is sentenced to be imprisoned in a correctional institution of the commonwealth, except the Massachusetts Correctional Institution, Bridgewater and the Massachusetts Correctional Institution, Framingham, the officer authorized to execute such sentence shall deliver him to the reception center established in accordance with the provisions of section twenty of chapter one hundred and twenty-seven for examination and classification.


CREDIT(S)


Amended by St.1955, c. 770, § 102.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 35


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 35. Transmission of complaint or indictment to correctional institution


When a person is committed to any correctional institution of the commonwealth or to any other public penal institution, on conviction of felony, the clerk of the court shall, without charge, transmit with the mittimus an attested copy of the complaint or indictment under which such person was convicted and, if such complaint or indictment does not contain a reference to the chapter and section of the General Laws under which such person was convicted, a statement designating such chapter and section, and the names and addresses of the witnesses who testified for and against such person at the trial, together with a record containing the names and addresses of the presiding justice, district attorney and of the attorney for the defendant.


CREDIT(S)


Amended by St.1955, c. 770, § 103; St.1962, c. 48.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 36


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 36. Sentences to state farm


Except for commitments under sections thirty-five or forty-eight of chapter one hundred and twenty-three, no person shall be sentenced to the state farm except for drunkenness. Whoever is sentenced to the state farm for drunkenness may be there held in custody for not more than six months.


CREDIT(S)


Amended by St.1955, c. 770, § 104; St.1956, c. 715, § 26; St.1970, c. 888, § 30.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 37


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 37. Setting out statutory name of crime in warrant for commitment


Every warrant for the commitment of a person sentenced by a district court shall set forth the statutory name, if any, of the crime of which the person was convicted, and shall contain a citation of the statute, if any, under which the complaint was drawn.


CREDIT(S)


Amended by St.1953, c. 319, § 36.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 38


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 38. Powers of sheriff or constable in execution of warrant of commitment


A sheriff, deputy sheriff or constable, when engaged in the execution of a warrant for the commitment of a person to a penal institution which is not in his own county, shall have the same powers in any county through which he may pass as he would have in his own county in the performance of a similar duty.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 39


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 39. Return of precept to magistrate


The officer serving the precept in a criminal case shall, without charging travel therefor, return it with his doings and fees endorsed thereon to the court or magistrate issuing it, who shall tax, allow and certify the fees as a part of the expenses in the case. In case of commitment, the officer shall leave with the superintendent, jailer or keeper of the prison an attested copy of the precept, with his return thereon, which shall authorize the detention of the person committed.


CREDIT(S)


Amended by St.1955, c. 770, § 105; St.1957, c. 777, § 38.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 40


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 40. Service of new warrant of commitment upon convict


If a convict imprisoned under sentence is again sentenced to confinement in a prison other than that in which he is then held, the warrant for his commitment in pursuance of the second sentence shall be placed in the hands of the superintendent or keeper of the prison where the convict is held, and said superintendent or keeper, upon the expiration of the first sentence, shall commit the convict in obedience to said warrant.


CREDIT(S)


Amended by St.1955, c. 770, § 106; St.1957, c. 777, § 39; St.1979, c. 485, § 46.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 41


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 41. Default of corporation


If a corporation, after being duly served with process, fails to appear and answer to an indictment or complaint brought against it under the laws of the commonwealth, its default shall be recorded, the charges in the indictment or complaint taken to be true, and judgment rendered accordingly.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 42


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 42. Warrant of distress to compel payment of penalty or assessment


If judgment is rendered against a corporation upon an indictment or complaint under the laws of the commonwealth, the court may issue a warrant of distress to compel payment of the penalty or assessment, as the case may be, as prescribed by law, together with interest thereon if so ordered by the court.


If the records of the registrar of motor vehicles indicate that a corporation has failed to pay an assessment for a civil motor vehicle infraction as provided in section three of chapter ninety C, the registrar may issue a warrant of distress to compel payment of the assessment, plus any late fees or other administrative fees which the registrar is required or authorized by law or regulation to impose, unless such fees are waived in whole or in part by the registrar.


CREDIT(S)


Amended by St.1985, c. 794, § 10; St.1987, c. 399, § 4; St.1991, c. 138, § 211; St.1992, c. 133, § 571; St.1993, c. 182, § 27.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 43


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§§ 43 to 56. Repealed, 1982, 554, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 44


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§§ 43 to 56. Repealed, 1982, 554, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 45


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§§ 43 to 56. Repealed, 1982, 554, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 46


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§§ 43 to 56. Repealed, 1982, 554, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 47


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§§ 43 to 56. Repealed, 1982, 554, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 48


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§§ 43 to 56. Repealed, 1982, 554, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 49


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§§ 43 to 56. Repealed, 1982, 554, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 49A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§§ 43 to 56. Repealed, 1982, 554, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 50


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§§ 43 to 56. Repealed, 1982, 554, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 51


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§§ 43 to 56. Repealed, 1982, 554, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 52


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§§ 43 to 56. Repealed, 1982, 554, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 53


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§§ 43 to 56. Repealed, 1982, 554, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 54


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§§ 43 to 56. Repealed, 1982, 554, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 55


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§§ 43 to 56. Repealed, 1982, 554, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 56


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§§ 43 to 56. Repealed, 1982, 554, Sec. 5



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 57


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 57. Death sentence; pronouncement or revocation of stay; warrant of conviction; execution of sentence; certified copy of record to governor


Immediately upon the pronouncing of the sentence of death upon a person convicted of a capital crime, and immediately upon the revocation under section four of the stay of execution of such a sentence, the clerk shall make, sign and deliver to the sheriff of the county where the conviction is had a warrant under the seal of the court stating the conviction and sentence, and that a stay of execution of the sentence has been granted under section four, and that such stay has been revoked under said section, and shall at the same time transmit to the superintendent of the state prison a certified copy of the warrant. Such warrant shall be directed to said superintendent commanding him to cause execution to be done in accordance with the provisions of such sentence. The clerk of the court shall, upon revocation under section four of the stay of execution of the sentence, make out and deliver to the governor a certified copy of the whole record of the conviction and sentence, including any rescripts from the supreme judicial court.


CREDIT(S)


Added by St.1982, c. 554, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 58


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 58. Death sentence confinement; psychiatric examination; transfer or failure to transfer to general prison population; appeal; hearing; annual record review; court order


The sheriff of the county in a jail whereof a prisoner sentenced to the punishment of death is confined, or a deputy designated by the sheriff, within ten days after receipt by the sheriff of the warrant for the execution of such sentence shall, at a time chosen by the sheriff, convey such prisoner to the state prison and deliver him, with the warrant in either case, to the superintendent thereof or to the officer performing his duties and such prisoner shall be placed in a cell provided for the purpose. Within fourteen days thereafter, the superintendent or officer performing his duties shall cause said prisoner to be examined by a psychiatrist for the purpose of rendering a written and signed opinion as to whether or not said prisoner is psychologically fit to be transferred from special confinement to confinement with the general prison population, and in the case of a female, to the general prison population at the reformatory for women, with full participation in the educational and work programs, within the prison, afforded prisoners under sentence other than the punishment of death. Upon receipt of said psychiatric opinion, and other pertinent information, the superintendent or officer performing his duties may transfer said prisoner to confinement with the general prison population with the right of full participation in the privileges afforded other prisoners as aforesaid. If the superintendent, or officer performing his duties, does not so transfer said prisoner, he shall notify said prisoner of his decision forthwith, whereupon said prisoner may appeal said decision within ten days of said notification by giving notice to the superintendent, or officer performing his duties, on a form provided him at the time of the receipt of the notification of the adverse decision. Upon receipt of such notice, the superintendent or officer performing his duties shall notify the commissioner of correction forthwith whereupon the commissioner shall hold a hearing on said appeal within fifteen days of receipt of notice that such appeal has been made. The commissioner or his appointee shall conduct said hearing and shall render a decision granting or denying said appeal within five days following the date of the hearing. A prisoner who is denied such transfer by the superintendent, or officer performing his duties, shall remain in a cell for the purpose of the execution of his sentence, and shall thereafter be kept therein, unless an appeal made by him of the adverse decision is granted, until the sentence of death is executed upon him, and no person shall be allowed access to him without an order of the court, except the officers and employees of the prison, his counsel, such physicians, priest, or minister of religion as the superintendent may approve and members of the prisoner's family who are identified to the satisfaction of the superintendent. Any prisoner confined to a cell for the purpose of the execution of his sentence shall have his record reviewed annually for the purpose of determining whether or not said prisoner should be placed in the general population, and shall be entitled to a hearing, as provided above, on each adverse decision.


Notwithstanding the foregoing, the superior court may make any order relative to the custody of a prisoner confined in the state prison or the reformatory for women under this section in case said prisoner is granted a new trial.


CREDIT(S)


Added by St.1982, c. 554, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 59


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 59. Execution of death sentence; time constraints


The sentence of death shall be executed by the superintendent of the state prison, or by a person acting under his direction, not earlier than twenty days nor later than thirty days after service upon said superintendent, or officer performing his duties, of a certificate of the clerk of the court that the stay of the execution of the sentence has been revoked under section four, unless the governor pardons the crime, commutes the punishment therefor or respites the execution or said execution is otherwise delayed by process of law. If the execution is respited or stayed by process of law, the sentence of death shall be executed within the week beginning on the day next after the day on which the term of respite or stay expires. The sentence of death shall be executed upon such day within the limits of time provided in this section as the superintendent elects; but no previous announcement thereof shall be made, except to such persons as may be permitted to be present in accordance with section sixty-five.


CREDIT(S)


Added by St.1982, c. 554, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 60


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 60. Means of execution of death sentence


The punishment of death shall be inflicted by causing a current of electricity of sufficient intensity to cause death to pass through the body of the prisoner, the application of said current to be continuous until he is dead or, at the election of the prisoner, by intravenous injection of a substance or substances in a lethal quantity sufficient to cause death and until such prisoner is dead. The sentence shall be executed within an enclosure or building for that purpose at the state prison and the company which furnishes the electric power or light to the state prison shall provide all necessary electricity for executions by electrocution at such times as the superintendent orders.


CREDIT(S)


Added by St.1982, c. 554, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 61


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 61. Capital crime conviction; imposition of sentence; insane and pregnant persons


If a person convicted of a capital crime is, at the time when sentence is to be imposed, found by the court to be insane, it may cause such person to be removed to one of the state hospitals for such term and under such limitations as it may order. If a person convicted of a capital crime is, at the time when sentence is to be imposed, found by the court to be pregnant, the court shall not pass sentence upon her until it finds that she is no longer pregnant.


CREDIT(S)


Added by St.1982, c. 554, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 62


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 62. Delay in execution of death sentence; insanity or pregnancy of prisoner; psychiatric examination and written certification


After examination by two psychiatrists designated by the commissioner of mental health, if it appears that a prisoner under sentence of death has become insane, the governor, with the advice and consent of the council, may, from time to time for a stated period, respite the execution of said sentence until it appears to their satisfaction that the prisoner is no longer insane. Upon such respite, the governor may order the removal of such prisoner to the hospital at the Massachusetts Correctional Institution, Bridgewater. Within ten days prior to the termination date of said respite, the medical director of said hospital shall have the said prisoner examined by two psychiatrists designated by the commissioner of mental health. If, after said examination, the said medical director is of the opinion that the prisoner is no longer insane, he shall so certify to the superintendent of the state prison, accompanied by a written statement regarding the mental condition of said prisoner. The superintendent shall thereupon cause the prisoner to be reconveyed to the state prison and to be kept there pursuant to the sentence of the court, and shall notify the governor of the return of said prisoner, and of his mental condition. If, however, in the opinion of the said medical director of said hospital the said prisoner is still insane, he shall so certify to the governor, accompanied by a written statement regarding the mental condition of the prisoner. Thereupon, the governor, with the advice and consent of the council, may further respite the execution of the sentence from time to time for a stated period, until it is determined that the prisoner is no longer insane, as herein provided.


If it appears to the satisfaction of the governor and council that a prisoner under sentence of death is pregnant, the governor, with the advice and consent of the council, shall from time to time respite the execution of said sentence for stated periods until it appears to their satisfaction that she is no longer pregnant.


CREDIT(S)


Added by St.1982, c. 554, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 63


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 63. Delay in execution of death sentence; consideration of pardon


The governor, with the advice and consent of the council, may from time to time respite the execution of a sentence of death for stated periods so long as he may consider it necessary to afford him, with the advice and consent of the council, an opportunity to investigate and consider the facts of the case for the purpose of considering whether or not to pardon the prisoner.


CREDIT(S)


Added by St.1982, c. 554, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 64


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 64. Judicial stay of execution of death sentence; final determination of judicial questions


The execution of a sentence of death may be stayed from time to time for stated periods by the supreme judicial court, or a justice thereof, pending the final determination of any judicial question arising in or out of the case in which the sentence is imposed.


CREDIT(S)


Added by St.1982, c. 554, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 65


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 65. Witnesses; execution of death sentence


There shall be present at the execution of the sentence of death, in addition to the superintendent, deputy and such officers of the state prison as the superintendent deems necessary, the commissioner of correction or his representative, the person performing the execution under the direction of the superintendent, if any, and the following physicians: the prison physician, the state surgeon, and a medical examiner for Norfolk county, or if any or all are unable to be present, such physicians as the superintendent approves. The physicians present shall be the legal witnesses of the execution. There may also be present, upon the request of the prisoner who is to be executed, the immediate members of the family of the prisoner. There may also be present, upon the request of said prisoner, a priest, minister, or other representative of religion. There may also be present the sheriff of the county where the prisoner was convicted, or his deputy, and, with the approval of the superintendent, not more than three other persons.


CREDIT(S)


Added by St.1982, c. 554, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 66


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 66. Execution of death sentence; post mortem examination


There shall be a post mortem examination by a medical examiner for Norfolk county of the body of every prisoner executed in conformity with the sentence of a court.


CREDIT(S)


Added by St.1982, c. 554, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 67


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 67. Warrant for execution of death sentence; return to clerk of court after execution


When the superintendent has executed the sentence of death upon a prisoner in obedience to a warrant from the court, he shall forthwith make return thereof under his hand, with the doings thereon, to the office of the clerk of said court.


CREDIT(S)


Added by St.1982, c. 554, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 68


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 68. Special jury questions for first degree murder; presentence hearing upon conviction for consideration of death penalty; consideration by jury of aggravating and mitigating circumstances; determination by jury; sentence by court; validity of conviction


In all cases in which a sentence of death may be imposed, the court shall submit to the jury special questions concerning the issue of murder in the first degree. If the jury determines beyond a reasonable doubt that the defendant is guilty of murder in the first degree, the jury shall specify whether the defendant is guilty of murder with deliberate premeditation, murder with extreme atrocity or cruelty, or murder in the commission or attempted commission of a crime punishable by imprisonment for life, or two or more of these. Upon a verdict of guilty of murder in the first degree with deliberate premeditation, or murder in the first degree with extreme atrocity or cruelty, a presentence hearing shall be conducted, unless the commonwealth stipulates that none of the aggravating circumstances as defined in paragraph (a) of section sixty-nine exists, before the jury before which the case was tried; provided, however, that if in the opinion of the judge presiding at the presentence hearing, it is impossible or impracticable for the trial jury to sit at the presentence hearing, a new jury shall be impanelled to sit at the presentence hearing. The selection of that jury shall be according to the laws and rules governing the selection of a jury for the trial of a capital case. During the presentence hearing, the only issue shall be the determination of the punishment to be imposed. During such hearing the jury shall hear all additional relevant evidence presented by either the commonwealth or defendant in mitigation of punishment regardless of its admissibility under the rules governing the admission of evidence at criminal trials. During such hearing, the jury shall also hear such evidence in aggravation of punishment as is relevant to the statutory aggravating circumstance or statutory aggravating circumstances as defined in said paragraph (a) of said section sixty-nine; provided, however, that only such evidence in aggravation of punishment as the commonwealth has made known to the defendant prior to his trial shall be admissible, and provided further, that said evidence is otherwise admissible according to the rules governing the admission of evidence at criminal trials. The jury shall also hear arguments by the defendant or his counsel or both and by the commonwealth regarding the punishment to be imposed. The commonwealth and the defendant or his counsel shall be allowed to make opening statements and closing arguments at the presentence hearing. The order of those statements and arguments and the order of presentation of evidence shall be the same as at trial. Upon the conclusion of evidence and arguments at the presentence hearing, the court shall instruct the jury orally and shall provide to the jury in writing the statutory aggravating circumstance or statutory aggravating circumstances as determined by the court to be warranted by the evidence, and also any and all statutory mitigating circumstance or statutory mitigating circumstances for its deliberation. The judge shall also instruct the jury to consider any other relevant mitigating circumstance or mitigating circumstances. The judge shall also instruct the jury that they may not find that the penalty of death shall be imposed unless they shall first make a unanimous determination of the existence of one or more statutory aggravating circumstances beyond a reasonable doubt, and make a unanimous determination that the statutory aggravating circumstance or statutory aggravating circumstances outweigh the statutory or other mitigating circumstance or statutory or other mitigating circumstances beyond a reasonable doubt.


The jury shall then retire to determine whether any statutory aggravating circumstance or statutory aggravating circumstances, as defined by said paragraph (a) of said section sixty-nine or any mitigating circumstance or mitigating circumstances, including but not limited to those defined by paragraph (b) of said section sixty-nine, exist. The jury shall further determine whether the statutory aggravating circumstance or statutory aggravating circumstances it finds to exist outweigh the statutory or other mitigating circumstance or statutory or other mitigating circumstances it finds to exist. The jury shall be instructed that: (1) it may choose to find that the penalty of death shall be imposed upon the defendant or (2) it may choose not to find that the penalty of death shall be imposed upon the defendant. The jury, if its unanimous verdict is to impose the penalty of death, shall designate in writing, signed by the foreman of the jury, the statutory aggravating circumstance or statutory aggravating circumstances which it unanimously found existed beyond a reasonable doubt, and that the statutory aggravating circumstance or statutory aggravating circumstances it so unanimously found outweighed any statutory mitigating circumstance or other mitigating circumstance or statutory mitigating circumstances or other mitigating circumstances beyond a reasonable doubt. The process of weighing the statutory aggravating circumstance or statutory aggravating circumstances and statutory mitigating circumstance or statutory mitigating circumstances or other mitigating circumstance or other mitigating circumstances to determine the sentence, shall not be a mere tallying of statutory aggravating circumstance or statutory aggravating circumstances and statutory or other mitigating circumstance or statutory or other mitigating circumstances for the purpose of numerical comparison. Instead, it shall be a process by which the statutory aggravating circumstance or statutory aggravating circumstances and statutory mitigating circumstance or other mitigating circumstance or statutory mitigating circumstances or other mitigating circumstances relevant to sentence are considered for the purpose of determining whether the sentence, in view of all the relevant circumstances in an individual case, shall be life imprisonment without parole, or death.


After the jury has made its findings, the court shall set a sentence in accordance with section seventy.


The declaration of a mistrial during the course of the presentence hearing or any error in the presentence hearing determined on final appeal or otherwise shall not affect the validity of the conviction.


CREDIT(S)


Added by St.1982, c. 554, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 69


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 69. Aggravating and mitigating circumstances in death penalty cases


(a) In all cases in which the death penalty may be authorized, the statutory aggravating circumstances are:


(1) the murder was committed on a victim who was killed while serving in the performance of his official duties as one or more of the following: police officer, special police officer, state or federal law enforcement officer, firefighter, officer or employee of the department of correction, officer or employee of a sheriff's department, officer or employee of a jail or officer or employee of a house of correction;


(2) the murder was committed by a defendant who was at the time incarcerated in a jail, house of correction, prison, state prison or a correctional or penal institution or a facility used for the housing or treatment or housing and treatment of prisoners;


(3) the murder was committed on a victim who was killed while engaged in the performance of his official duties as a judge, prosecuting attorney, juror, or witness;


(4) the murder was committed by a defendant who had previously been convicted of murder in the first degree, or of an offense in any other federal, state or territorial jurisdiction of the United States which is the same as or necessarily includes the elements of the offense of murder in the first degree;


(5) the murder was committed by the defendant pursuant to a contract, agreement or understanding by which he was to receive money or anything of value in return for committing the murder;


(6) the murder was committed by the defendant for the purpose of avoiding, interfering with, or preventing a lawful arrest of the defendant or another, or the murder was committed by the defendant for the purpose of effectuating an escape or attempting to effectuate an escape of the defendant or another from custody in a place of lawful confinement;


(7) the murder involved torture to the victim or the intentional infliction of extreme pain prior to death demonstrating a total disregard to the suffering of the victim;


(8) the murder was committed as part of a course of conduct involving the killing of or causing serious bodily injury to or the attempted killing of or the attempted causing of serious bodily injury to more than one person by the defendant;


(9) the murder was committed by means of a destructive device, bomb, or explosive planted, hidden, mailed, delivered, or concealed in any place, area, dwelling, building, or structure by the defendant or the murder was committed by means such that the defendant knew or reasonably should have known that his act or acts would create a grave risk of death or serious bodily injury to more than one person; or


(10) the murder was committed by the defendant and occurred during the commission or attempted commission or flight after committing or flight after attempting to commit aggravated rape, rape, rape of a child, indecent assault and battery on a child under fourteen, assault with intent to rape, assault on a child under sixteen years of age with intent to rape, kidnapping for ransom, kidnapping, armed robbery, unarmed robbery, breaking and entering with intent to commit a felony, armed assault in a dwelling, arson, confining or putting in fear or otherwise harming another for the purpose of stealing from depositories, or the murder occurred while the defendant was in possession of a sawed-off shotgun or a machine gun.


(b) In all cases in which the death penalty may be authorized, the mitigating circumstances shall be any factors proffered by the defendant or the commonwealth which are relevant in determining whether to impose a sentence less than death, including, but not limited to, any aspect of the defendant's character, propensities, or record and any of the circumstances of the murder, including but not limited to the following:


(1) the defendant has no significant history of prior criminal convictions;


(2) the victim was a participant in the defendant's conduct or had consented to it;


(3) the murder was committed while the defendant was under extreme duress or under the domination or control of another;


(4) the offense was committed while the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law was impaired as a result of a mental disease or defect, organic brain damage, emotional illness brought on by stress or prescribed medication, intoxication, or legal or illegal drug use by the defendant which was insufficient to establish a defense to the murder but which substantially affected his judgment;


(5) the defendant was over the age of seventy-five at the time of the murder, or any other relevant consideration regarding the age of the defendant at the time of the murder;


(6) the defendant was battered or otherwise physically, sexually, or mentally abused by the victim in connection with or immediately prior to the murder for which the defendant was convicted;


(7) the defendant was experiencing post-traumatic stress syndrome caused by military service during a declared or undeclared war.


CREDIT(S)


Added by St.1982, c. 554, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 70


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 70. Death penalty imposed; jury findings necessary


Where, upon a trial by jury, a person is convicted of a crime which is punishable by death, a sentence of death shall not be imposed unless findings in accordance with section sixty-eight are made. Where such findings are made and the jury finds that the death penalty shall be imposed, the court shall sentence the defendant to death. Where such findings are not made or not unanimously made or where a sentence of death is not a unanimous finding by the jury, the court shall sentence the defendant to life imprisonment as provided in section two of chapter two hundred and sixty-five.


CREDIT(S)


Added by St.1982, c. 554, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 279 § 71


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 279. Judgment and Execution (Refs & Annos)

§ 71. Review of death sentence; remand; reversal; affirmation


In addition to review of the entire case pursuant to section thirty-three E of chapter two hundred and seventy-eight, the supreme judicial court shall review the sentence of death imposed pursuant to sections sixty-eight, sixty-nine and seventy of chapter two hundred and seventy-nine. If the supreme judicial court determines that (1) the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factor or (2) the evidence does not support the jury's finding of a statutory aggravating circumstance or statutory aggravating circumstances as defined in section sixty-nine or (3) the evidence does not support the jury's finding that the statutory aggravating circumstance or statutory aggravating circumstances defined in section sixty-nine outweigh the statutory or other mitigating circumstance or statutory or other mitigating circumstances or (4) the sentence of death is excessive or disproportionate to the penalty imposed in other similar cases of one or more jurisdictions legally authorized to impose said penalty of death, with the greater weight of such comparison to be given to similar Massachusetts cases in which the death penalty will have been imposed, with due consideration of both those cases in which a sentence of life imprisonment was imposed and those cases in which a sentence of death was imposed, or in the event that the court determines any or all of the four factors as enumerated in this section exist, the court shall (1) reverse the sentence of death and remand for a new presentence hearing pursuant to section sixty-eight of chapter two hundred and seventy-nine, or (2) reverse the sentence of death and remand to the superior court department of the trial court for sentence of imprisonment in the state prison for life. The court shall also have the authority to affirm the sentence of death.


CREDIT(S)


Added by St.1982, c. 554, § 6. Amended by St.1997, c. 19, § 122.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. Pt. IV, T. II, Ch. 280, Refs & Annos


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 1


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 1. Recovery of fines and forfeitures


Fines and forfeitures exacted as punishments for offences or violation or neglect of any duty imposed by statute may, unless otherwise provided, be prosecuted for and recovered by indictment or complaint or by an action of tort in the name of the commonwealth in a court having jurisdiction of the offence or action.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 2


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 2. Payment of certain fines and forfeitures; apportionment among beneficiaries


A fine or forfeiture imposed by a court shall, except as otherwise provided, be paid over to the state treasurer. Twenty per cent of the fines imposed under the provisions of chapter three hundred and fifty-four of the acts of nineteen hundred and fifty-two shall be paid over to the state treasurer. If the whole or any part of a fine is by law payable to a complainant or informant or to a person or corporation as beneficiary, the court may apportion the fine or forfeiture between such complainant, informant or other beneficiary and the commonwealth, respectively.


Fines imposed under the provisions of chapters eighty-nine and ninety, including fines, penalties and assessments imposed under the provisions of chapter ninety C for the violation of the provisions of chapters eighty-nine and ninety, fines assessed by a hearing officer of a city or town as defined in sections twenty A and twenty A   1/2 of chapter ninety and forfeitures imposed under the provisions of section one hundred and forty-one of chapter one hundred and forty, shall be paid over to the treasury of the city or town wherein the offense was committed; provided, however, that only fifty per cent of the amount of fines, penalties and assessments collected for violations of section seventeen of chapter ninety or of a special speed regulation lawfully made under the authority of section eighteen of said chapter ninety shall be paid over to the treasury of the city or town wherein the offense was committed and the remaining fifty per cent shall be paid over to the state treasurer and credited to the Highway Fund.


CREDIT(S)


Amended by St.1934, c. 364, § 2; St.1935, c. 303, § 1; St.1953, c. 319, § 37; St.1975, c. 843, § 2; St.1978, c. 478, § 311; St.1980, c. 329, § 93; St.1981, c. 351, § 118; St.1983, c. 233, § 86; St.1985, c. 794, § 11; St.1988, c. 273, § 61.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 3


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 3. Proceedings to recover penalties; appointment of counsel


In proceedings in the name of the commonwealth for the recovery of fines, forfeitures or penalties, the whole or any part of which do not enure to the benefit of the commonwealth, the court may, upon motion of the district attorney, appoint an attorney to conduct the cause under his direction; but such attorney so appointed shall have no right to control the cause or receive compensation from the commonwealth.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 4


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 4. Criminal prosecutions; expenses paid by commonwealth; waiver of costs for indigent defendants


Expenses arising in a criminal prosecution, including fees of grand and traverse jurors for travel and attendance therein, shall be paid by the commonwealth.


Fees and costs of indigent defendants in criminal prosecutions except attorneys' fees, shall or may be waived or substituted by the court or paid by the commonwealth in accordance with the provisions of sections twenty-seven A to twenty-seven G, inclusive, of chapter two hundred and sixty-one.


CREDIT(S)


Amended by St.1974, c. 694, § 5; St.1978, c. 478, § 312.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 5


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 5. Appeal briefs in criminal cases; payment of costs


In a criminal case in which questions of law are carried to the supreme judicial court, the attorney general or district attorney may have necessary copies of the brief for the commonwealth printed, and the expense thereof shall be paid in the same manner as other expenses in the case.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 6


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 6. Costs as penalty for crime; expenses of prosecution


Costs shall not be imposed by a justice as a penalty for a crime. A justice may, as a condition of the dismissal or placing on file of a complaint or indictment, or as a term of probation, order the defendant to pay the reasonable and actual expenses of the prosecution. A justice may impose reasonable costs as a result of a default by a criminal defendant that was intentional or negligent and without good cause.


CREDIT(S)


Amended by St.1937, c. 251, § 1; St.1991, c. 138, § 214; St.1994, c. 247, § 6.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 6A


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 6A. Special cost assessments; exemption


Before imposing a fine or forfeiture as a punishment or part punishment for a crime, the court or justice shall levy as a special cost assessment an amount equal to twenty-five per cent of the fine or forfeiture; provided however, that no special cost assessment shall be levied on fines or forfeitures for minor motor vehicle offenses, and juvenile offenses or acts of delinquency. Minor motor vehicle offenses shall be defined as those not punishable by incarceration.


When a fine is suspended, in whole or in part, the special cost assessment shall be computed on the fine remaining to be paid. In any case where a person convicted of any offense to which this section applies is imprisoned until the fine is satisfied, the court or justice may in his discretion waive all or any part of said cost assessment the payment of which would work a hardship on the person convicted or his immediate family.


Said cost assessment shall be accounted for by the clerk of the court and forwarded to the state treasurer who shall deposit such assessment in the General Fund.


CREDIT(S)


Added by St.1973, c. 1228, § 2. Amended by St.1974, c. 241, § 2; St.1974, c. 581, § 4; St.1977, c. 363A, § 67.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 6B


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 6B. Criminal assessments


The court shall impose an assessment of not less than thirty-five dollars nor more than one hundred dollars against any person who has attained the age of seventeen years and who is convicted of a misdemeanor or against whom a finding of sufficient facts for a conviction is made on a complaint charging a misdemeanor under sections thirty-two C, thirty-two D, and thirty-two G and thirty-five of chapter ninety-four C. The court shall impose an assessment of not less than one hundred and fifty dollars nor more than five hundred dollars against any person who is convicted of a felony or against whom a finding of sufficient facts for a conviction is made on a complaint charging a felony under sections thirty-two, thirty-two A, thirty-two B, thirty-two E, thirty-two F and thirty-four of chapter ninety-four C. When multiple criminal offenses arising from a single incident are charged, the total assessment shall not exceed five hundred dollars. In the discretion of the court, any assessment imposed pursuant to this section which would cause the person against whom the assessment is made an undue hardship may be reduced or waived.


All such assessments made shall be collected by the court and shall be transmitted monthly to the state treasurer. The assessment from any conviction which is subsequently overturned on appeal shall be refunded by the court to the person whose conviction is overturned. Said court shall deduct such funds from the assessments transmitted to the state treasurer. Assessments pursuant to this section shall be in addition to any other fines or restitution imposed in any disposition.


CREDIT(S)


Added by St.1988, c. 236, § 51. Amended by St.1989, c. 653, § 107.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 6C


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 6C. Assessment proceeds


Any assessment imposed pursuant to section six B shall be deposited in the Drug Analysis Fund established by section fifty-one of chapter ten. The proceeds of the fund shall be made available, subject to appropriation, to the department of public health for services provided to analyse samples used in the prosecution of controlled substances.


CREDIT(S)


Added by St.1988, c. 236, § 51.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 7


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 7. Certificates of fines imposed; delivery to state treasurer


At the end of every sitting of the superior court for the transaction of criminal business, the clerk shall make and deliver to the state treasurer certificates of all fines imposed by the court, to the use of the commonwealth or to the treasurer of a city or town under the provisions of section two of this chapter.


CREDIT(S)


Amended by St.1978, c. 478, § 313.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 8


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 8. Transfer to state treasurer of fines paid


The clerk of the superior court for the transaction of criminal business for Suffolk county, the clerks of the municipal courts in Boston, the sheriff, superintendent of the house of correction or other officer, except those named in the following section, upon receiving fines, fees or other money in any criminal proceedings, payable to the commonwealth or to a city or town shall, before the tenth day of every month, pay over to the state treasurer and account, on oath, for all fines, fees or other money so received during the preceding calendar month, and make the detailed statements required by law.


CREDIT(S)


Amended by St.1978, c. 478, § 313; St.1979, c. 485, § 47.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 9


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 9. Fines paid; transfer to state treasurer by clerks of courts in Suffolk county


The clerks of all courts in Suffolk county, except those named in the preceding section, who are required to account to the commonwealth shall, on or before the tenth day of each month, pay over to the state treasurer and account, on oath, for all fines, fees and other money received by them in any criminal proceedings during the preceding calendar month remaining after the payments therefrom allowed by law.


CREDIT(S)


Amended by St.1978, c. 478, § 313.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 10


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 10. Payment of witness fees; presentment of certificate


The state treasurer shall pay to the persons entitled therein all witnesses fees or other money due for services rendered or expenses incurred in any of the courts named in section eight, or for any of the aforesaid officers, upon presentation to him of a certificate stating the name of the claimant, of the court and of the case, the nature of the services rendered or expenses incurred and the amount due therefor, signed by the clerk of the court or by the officer for whom the service was rendered.


CREDIT(S)


Amended by St.1978, c. 478, § 313.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 11


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 11. Certification of fines and forfeitures; payment to commonwealth


Except as otherwise provided in section eighty of chapter two hundred and seventy-six, fines and forfeitures imposed in criminal prosecutions by the superior court to the use of the commonwealth, and all amounts found to be due on forfeited recognizances, shall under the direction of the court, be certified by the clerk and paid to the commonwealth.


CREDIT(S)


Amended by St.1978, c. 478, § 313.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 12


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 12. Escape of prisoner; liability of sheriff for fines or forfeitures of prisoner


A sheriff who, having a person in his custody by virtue of the sentence of a court, voluntarily or negligently suffers him to escape shall be held to have received the fines, forfeitures or forfeited recognizances described in the preceding section, at the time of the escape, and shall be liable for the same, with interest and costs, as if he had received them.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 13


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 13. Failure of sheriff to pay fines or forfeitures of escaped prisoner; remedy


If a sheriff neglects to make such payment for thirty days, the state treasurer shall recover of him in contract the amount of such fines, forfeitures and forfeited recognizances, with interest at the rate of twelve per cent from the time he is held to have received the same and costs.


CREDIT(S)


Amended by St.1978, c. 478, § 314.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 14


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 14. Default in fine payment; commitment to jail or house of correction; payment to jailer or superintendent


A person committed to a jail or house of correction in default of payment of a fine may pay it to the keeper of the jail or superintendent of the house of correction, and the warrant for his commitment shall designate the town where the offence for which the fine was imposed was committed and the uses to which such fine is payable by the officer receiving it.


CREDIT(S)


Amended by St.1979, c. 485, § 48.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 15


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 15. Quarterly transfers to state treasurer of payments received by jailer or superintendent; account on oath


Every keeper of a jail and superintendent of a house of correction shall, on the first days of January, April, July and October, pay over to the state treasurer all money received by him under the preceding section during the preceding three months, and render to said state treasurer an account, on oath, showing the names of prisoners by whom payments have been so made, the court by which each was committed and the amount received from each.


CREDIT(S)


Amended by St.1978, c. 478, § 315; St.1979, c. 485, § 49.



Current through Chapter 20 of the 2013 1st Annual Session



M.G.L.A. 280 § 16


Effective:[See Text Amendments]


Massachusetts General Laws Annotated Currentness

Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)

Title II. Proceedings in Criminal Cases (Ch. 275-280)

Chapter 280. Fines and Forfeitures (Refs & Annos)

§ 16. Payment by state treasurer of expenses or fees; time limit for demand; qualifications for payment to clerks of district court


The state treasurer shall pay over to the persons entitled thereto all amounts allowed to them for expenses or fees in criminal prosecutions, or allowed by the courts as rewards or compensations to prosecutors, which have been duly certified by the clerks, if demanded within three years after the allowance thereof; but he shall pay no such amounts to a clerk of a district court, until the clerk has rendered a written account of all fines received by him since his last return, and of all fees which have remained in his hands for one year after their allowance.


CREDIT(S)


Amended by St.1953, c. 319, § 38; St.1978, c. 478, § 316.



Current through Chapter 20 of the 2013 1st Annual Session