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/
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/
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/
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/
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/
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/
(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/
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/
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/
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/
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/
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/
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/
Effective:[See Text Amendments]
Massachusetts General 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/
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/
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/
(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/
(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/
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/
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/
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/
(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/
(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/
(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/
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/
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/
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/
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/
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/
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/
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/
(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/
(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/
(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/
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/
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/
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/
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/
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/ |
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/
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/
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/
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/
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/
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/
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/
(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/
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/
(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/
(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/
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/
(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/
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/
(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/
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/
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/
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/
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/
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/
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/
(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/
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/
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/
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/
(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/
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/
<[ 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/
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