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USA Statutes : massachusetts
Title : PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
Chapter : TITLE I. CRIMES AND PUNISHMENTS
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Section 90. Persons arrested under either of the two preceding sections shall be kept in jail or other convenient place not more than twenty-four hours, Sundays and legal holidays excepted, at or before the expiration of which time they shall be taken before a district court and proceeded against according to law.
hearing; adjudication; returning or killing of animals Section 91. After such seizure and removal of such birds, dogs or other animals, application shall be made to a district court for a decree of forfeiture of the same; and if, upon the hearing of such application, notice thereof having been previously given as the court orders, it shall be found that such birds, dogs or other animals, or any of them, at the time of such seizure were engaged in fighting at an exhibition thereof, or were owned, kept, possessed or trained by any person with the intent that they should be so engaged, such birds, dogs or other animals shall be adjudged forfeited and such court shall thereupon, unless an appeal is taken as provided in the following section, issue an order for killing them, which shall be directed to any officer authorized to serve criminal process; and the officer receiving said order shall cause such birds, dogs or other animals to be killed within twenty-four hours thereafter. Birds, dogs or other animals seized as hereinbefore provided, which are not adjudged forfeited, shall be delivered to the owner or person entitled to the possession thereof. Any person shall be allowed to appear as claimant in the proceeding upon the application for a decree of forfeiture.
animals Section 92. An owner or claimant aggrieved by such judgment may, within twenty-four hours after the entry thereof and before its execution, appeal therefrom to the superior court; and all proceedings upon and after such appeal, including the right of exception, shall conform, so far as may be, to those in criminal cases, except that before such appeal is allowed the appellant shall recognize to the commonwealth in the sum of two hundred dollars, with sufficient sureties, to prosecute his appeal and to pay such expenses of the prosecution as the court may order and such expenses as may be thereafter incurred in the care and keeping of the birds, dogs or other animals claimed by such appellant if final judgment is rendered against them, and to abide the judgment of the court thereon. Upon the final judgment, the birds, dogs or other animals held in custody to abide such judgment shall be disposed of, under the direction of the superior court, in like manner as the court or justice might have disposed of them if no appeal had been taken. During the pendency of the appeal, all birds, dogs or other animals adjudged forfeited shall be kept in custody in a place other than that from which they were taken.
discrimination; definition of place of public accommodation, resort or amusement Section 92A. No owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement shall, directly or indirectly, by himself or another, publish, issue, circulate, distribute or display, or cause to be published, issued, circulated, distributed or displayed, in any way, any advertisement, circular, folder, book, pamphlet, written or painted or printed notice or sign, of any kind or description, intended to discriminate against or actually discriminating against persons of any religious sect, creed, class, race, color, denomination, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, nationality, or because of deafness or blindness, or any physical or mental disability, in the full enjoyment of the accommodations, advantages, facilities or privileges offered to the general public by such places of public accommodation, resort or amusement.
A place of public accommodation, resort or amusement within the meaning hereof shall be defined as and shall be deemed to include any place, whether licensed or unlicensed, which is open to and accepts or solicits the patronage of the general public and, without limiting the generality of this definition, whether or not it be (1) an inn, tavern, hotel, shelter, roadhouse, motel, trailer camp or resort for transient or permanent guests or patrons seeking housing or lodging, food, drink, entertainment, health, recreation or rest; (2) a carrier, conveyance or elevator for the transportation of persons, whether operated on land, water or in the air, and the stations, terminals and facilities appurtenant thereto; (3) a gas station, garage, retail store or establishment, including those dispensing personal services; (4) a restaurant, bar or eating place, where food, beverages, confections or their derivatives are sold for consumption on or off the premises; (5) a rest room, barber shop, beauty parlor, bathhouse, seashore facilities or swimming pool, except such rest room, bathhouse or seashore facility as may be segregated on the basis of sex; (6) a boardwalk or other public highway; (7) an auditorium, theatre, music hall, meeting place or hall, including the common halls of buildings; (8) a place of public amusement, recreation, sport, exercise or entertainment; (9) a public library, museum or planetarium; or (10) a hospital, dispensary or clinic operating for profit; provided, however, that with regard to the prohibition on sex discrimination, this section shall not apply to a place of exercise for the exclusive use of persons of the same sex which is a bona fide fitness facility established for the sole purpose of promoting and maintaining physical and mental health through physical exercise and instruction, if such facility does not receive funds from a government source, nor to any corporation or entity authorized, created or chartered by federal law for the express purpose of promoting the health, social, educational vocational, and character development of a single sex; provided, further, that with regard to the prohibition of sex discrimination, those establishments which rent rooms on a temporary or permanent basis for the exclusive use of persons of the same sex shall not be considered places of public accommodation and shall not apply to any other part of such an establishment.
Any person who shall violate any provision of this section, or who shall aid in or incite, cause or bring about, in whole or in part, such a violation shall be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than thirty days, or both.
animals Section 93. The necessary expenses incurred in the care and destruction of such birds, dogs and other animals may be allowed and paid in the same manner as expenses in criminal prosecutions.
establishing or promoting exhibition Section 94. Whoever owns, possesses, keeps or trains a bird, dog or other animal, with intent that it shall be engaged in an exhibition of fighting, or whoever establishes or promotes an exhibition of the fighting of birds, dogs or other animals 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 one year, or by a fine of not more than one thousand dollars or by both such fine and imprisonment in jail or house of correction.
fighting animals Section 95. Whoever is present at any place, building or tenement where preparations are being made for an exhibition of the fighting of birds, dogs or other animals, with intent to be present at such exhibition, or is present at, aids in or contributes to such exhibition, shall be punished by a fine of not more than two hundred and fifty dollars or by imprisonment for not more than one month, or both.
Section 96. Whoever wilfully sends to the publisher of a newspaper for publication a false notice of a birth, marriage or death shall be punished by a fine of not more than one hundred dollars.
court process; complaint; order to discontinue Section 97A. Forms of demands or notices or other documents drawn to resemble court process shall not be used by attorneys at law, persons conducting collection agencies or others in the collection of bills, accounts or other indebtedness. A district court, on complaint of any person exhibiting and filing therewith such a form or document or copy thereof, alleging that a person who resides or has a place of business within the judicial district of such court has used or is using such form or document in violation of this section, may issue an order of notice to the person complained of to show cause why he should not be ordered to discontinue such use on penalty of contempt.
place of public accommodation; punishment; forfeiture; civil right Section 98. Whoever makes any distinction, discrimination or restriction on account of race, color, religious creed, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, deafness, blindness or any physical or mental disability or ancestry relative to the admission of any person to, or his treatment in any place of public accommodation, resort or amusement, as defined in section ninety-two A, or whoever aids or incites such distinction, discrimination or restriction, shall be punished by a fine of not more than twenty-five hundred dollars or by imprisonment for not more than one year, or both, and shall be liable to any person aggrieved thereby for such damages as are enumerated in section five of chapter one hundred and fifty-one B; provided, however, that such civil forfeiture shall be of an amount not less than three hundred dollars; but such person so aggrieved shall not recover against more than one person by reason of any one act of distinction, discrimination or restriction. All persons shall have the right to the full and equal accommodations, advantages, facilities and privileges of any place of public accommodation, resort or amusement subject only to the conditions and limitations established by law and applicable to all persons. This right is recognized and declared to be a civil right.
public places or conveyances; charges or fares; penalties Section 98A. Notwithstanding any other provision of law, any blind person, or deaf or hearing handicapped person, or other physically handicapped person accompanied by a dog guide, shall be entitled to any and all accommodations, advantages, facilities and privileges of all public conveyances, public amusements and places of public accommodation, within the commonwealth, to which persons not accompanied by dogs are entitled, subject only to the conditions and limitations applicable to all persons not accompanied by dogs, and no such blind person, or deaf or hearing handicapped, or other physically handicapped person shall be required to pay any charge or fare for or on account of the transportation on any public conveyance for himself and such dog so accompanying him in addition to the charge or fare lawfully chargeable for his own transportation. Whoever deprives any blind person, or deaf or hearing handicapped person, or other physically handicapped person of any right conferred by this section shall be punished by a fine of not more than three hundred dollars and shall be liable to any person aggrieved thereby for such damages as are set forth in section five of chapter one hundred and fifty-one B; provided, however, that such civic forfeiture shall be of an amount not less than one hundred dollars.
in public relief or transitional assistance Section 98B. Whoever, knowingly and wilfully, employs discriminatory practices in the administration or giving of employment on public works or projects, or in the dispensing or giving of public relief or transitional assistance or any public benefit, because of race, color, religion or nationality, shall be punished by a fine of not more than one hundred dollars.
prosecutions Section 98C. Whoever publishes any false written or printed material with intent to maliciously promote hatred of any group of persons in the commonwealth because of race, color or religion shall be guilty of libel and shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. The defendant may prove in defense that the publication was privileged or was not malicious. Prosecutions under this section shall be instituted only by the attorney general or by the district attorney for the district in which the alleged libel was published.
Section 99. Interception of wire and oral communications.
—A. Preamble.
The general court finds that organized crime exists within the commonwealth and that the increasing activities of organized crime constitute a grave danger to the public welfare and safety. Organized crime, as it exists in the commonwealth today, consists of a continuing conspiracy among highly organized and disciplined groups to engage in supplying illegal goods and services. In supplying these goods and services organized crime commits unlawful acts and employs brutal and violent tactics. Organized crime is infiltrating legitimate business activities and depriving honest businessmen of the right to make a living.
The general court further finds that because organized crime carries on its activities through layers of insulation and behind a wall of secrecy, government has been unsuccessful in curtailing and eliminating it. Normal investigative procedures are not effective in the investigation of illegal acts committed by organized crime. Therefore, law enforcement officials must be permitted to use modern methods of electronic surveillance, under strict judicial supervision, when investigating these organized criminal activities.
The general court further finds that the uncontrolled development and unrestricted use of modern electronic surveillance devices pose grave dangers to the privacy of all citizens of the commonwealth. Therefore, the secret use of such devices by private individuals must be prohibited. The use of such devices by law enforcement officials must be conducted under strict judicial supervision and should be limited to the investigation of organized crime.
B. Definitions. As used in this section—1. The term “wire communication” means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception.
2. The term “oral communication” means speech, except such speech as is transmitted over the public air waves by radio or other similar device.
3. The term “intercepting device” means any device or apparatus which is capable of transmitting, receiving, amplifying, or recording a wire or oral communication other than a hearing aid or similar device which is being used to correct subnormal hearing to normal and other than any telephone or telegraph instrument, equipment, facility, or a component thereof, (a) furnished to a subscriber or user by a communications common carrier in the ordinary course of its business under its tariff and being used by the subscriber or user in the ordinary course of its business; or (b) being used by a communications common carrier in the ordinary course of its business.
4. The term “interception” means to secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device by any person other than a person given prior authority by all parties to such communication; provided that it shall not constitute an interception for an investigative or law enforcement officer, as defined in this section, to record or transmit a wire or oral communication if the officer is a party to such communication or has been given prior authorization to record or transmit the communication by such a party and if recorded or transmitted in the course of an investigation of a designated offense as defined herein.
5. The term “contents”, when used with respect to any wire or oral communication, means any information concerning the identity of the parties to such communication or the existence, contents, substance, purport, or meaning of that communication.
6. The term “aggrieved person” means any individual who was a party to an intercepted wire or oral communication or who was named in the warrant authorizing the interception, or who would otherwise have standing to complain that his personal or property interest or privacy was invaded in the course of an interception.
7. The term “designated offense” shall include the following offenses in connection with organized crime as defined in the preamble: arson, assault and battery with a dangerous weapon, extortion, bribery, burglary, embezzlement, forgery, gaming in violation of section seventeen of chapter two hundred and seventy-one of the general laws, intimidation of a witness or juror, kidnapping, larceny, lending of money or things of value in violation of the general laws, mayhem, murder, any offense involving the possession or sale of a narcotic or harmful drug, perjury, prostitution, robbery, subornation of perjury, any violation of this section, being an accessory to any of the foregoing offenses and conspiracy or attempt or solicitation to commit any of the foregoing offenses.
8. The term “investigative or law enforcement officer” means any officer of the United States, a state or a political subdivision of a state, who is empowered by law to conduct investigations of, or to make arrests for, the designated offenses, and any attorney authorized by law to participate in the prosecution of such offenses.
9. The term “judge of competent jurisdiction” means any justice of the superior court of the commonwealth.
10. The term “chief justice” means the chief justice of the superior court of the commonwealth.
11. The term “issuing judge” means any justice of the superior court who shall issue a warrant as provided herein or in the event of his disability or unavailability any other judge of competent jurisdiction designated by the chief justice.
12. The term “communication common carrier” means any person engaged as a common carrier in providing or operating wire communication facilities.
13. The term “person” means any individual, partnership, association, joint stock company, trust, or corporation, whether or not any of the foregoing is an officer, agent or employee of the United States, a state, or a political subdivision of a state.
14. The terms “sworn” or “under oath” as they appear in this section shall mean an oath or affirmation or a statement subscribed to under the pains and penalties of perjury.
15. The terms “applicant attorney general” or “applicant district attorney” shall mean the attorney general of the commonwealth or a district attorney of the commonwealth who has made application for a warrant pursuant to this section.
16. The term “exigent circumstances” shall mean the showing of special facts to the issuing judge as to the nature of the investigation for which a warrant is sought pursuant to this section which require secrecy in order to obtain the information desired from the interception sought to be authorized.
17. The term “financial institution” shall mean a bank, as defined in section 1 of chapter 167, and an investment bank, securities broker, securities dealer, investment adviser, mutual fund, investment company or securities custodian as defined in section 1.
165-12(c)(1) of the United States Treasury regulations.
18. The term “corporate and institutional trading partners” shall mean financial institutions and general business entities and corporations which engage in the business of cash and asset management, asset management directed to custody operations, securities trading, and wholesale capital markets including foreign exchange, securities lending, and the purchase, sale or exchange of securities, options, futures, swaps, derivatives, repurchase agreements and other similar financial instruments with such financial institution.
C. Offenses.
1. Interception, oral communications prohibited.
Except as otherwise specifically provided in this section any person who—willfully commits an interception, attempts to commit an interception, or procures any other person to commit an interception or to attempt to commit an interception of any wire or oral communication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment.
Proof of the installation of any intercepting device by any person under circumstances evincing an intent to commit an interception, which is not authorized or permitted by this section, shall be prima facie evidence of a violation of this subparagraph.
2. Editing of tape recordings in judicial proceeding prohibited.
Except as otherwise specifically provided in this section any person who willfully edits, alters or tampers with any tape, transcription or recording of oral or wire communications by any means, or attempts to edit, alter or tamper with any tape, transcription or recording of oral or wire communications by any means with the intent to present in any judicial proceeding or proceeding under oath, or who presents such recording or permits such recording to be presented in any judicial proceeding or proceeding under oath, without fully indicating the nature of the changes made in the original state of the recording, shall be fined not more than ten thousand dollars or imprisoned in the state prison for not more than five years or imprisoned in a jail or house of correction for not more than two years or both so fined and given one such imprisonment.
3. Disclosure or use of wire or oral communications prohibited.
Except as otherwise specifically provided in this section any person who—a. willfully discloses or attempts to disclose to any person the contents of any wire or oral communication, knowing that the information was obtained through interception; orb. willfully uses or attempts to use the contents of any wire or oral communication, knowing that the information was obtained through interception, shall be guilty of a misdemeanor punishable by imprisonment in a jail or a house of correction for not more than two years or by a fine of not more than five thousand dollars or both.
4. Disclosure of contents of applications, warrants, renewals, and returns prohibited.
Except as otherwise specifically provided in this section any person who—willfully discloses to any person, any information concerning or contained in, the application for, the granting or denial of orders for interception, renewals, notice or return on an ex parte order granted pursuant to this section, or the contents of any document, tape, or recording kept in accordance with paragraph N, shall be guilty of a misdemeanor punishable by imprisonment in a jail or a house of correction for not more than two years or by a fine of not more than five thousand dollars or both.
5. Possession of interception devices prohibited.
A person who possesses any intercepting device under circumstances evincing an intent to commit an interception not permitted or authorized by this section, or a person who permits an intercepting device to be used or employed for an interception not permitted or authorized by this section, or a person who possesses an intercepting device knowing that the same is intended to be used to commit an interception not permitted or authorized by this section, shall be guilty of a misdemeanor punishable by imprisonment in a jail or house of correction for not more than two years or by a fine of not more than five thousand dollars or both.
The installation of any such intercepting device by such person or with his permission or at his direction shall be prima facie evidence of possession as required by this subparagraph.
6. Any person who permits or on behalf of any other person commits or attempts to commit, or any person who participates in a conspiracy to commit or to attempt to commit, or any accessory to a person who commits a violation of subparagraphs 1 through 5 of paragraph C of this section shall be punished in the same manner as is provided for the respective offenses as described in subparagraphs 1 through 5 of paragraph C.
D. Exemptions.
1. Permitted interception of wire or oral communications.
It shall not be a violation of this section—a. for an operator of a switchboard, or an officer, employee, or agent of any communication common carrier, whose facilities are used in the transmission of a wire communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of service or to the protection of the rights or property of the carrier of such communication, or which is necessary to prevent the use of such facilities in violation of section fourteen A of chapter two hundred and sixty-nine of the general laws; provided, that said communication common carriers shall not utilize service observing or random monitoring except for mechanical or service quality control checks.
b. for persons to possess an office intercommunication system which is used in the ordinary course of their business or to use such office intercommunication system in the ordinary course of their business.
c. for investigative and law enforcement officers of the United States of America to violate the provisions of this section if acting pursuant to authority of the laws of the United States and within the scope of their authority.
d. for any person duly authorized to make specified interceptions by a warrant issued pursuant to this section.
e. for investigative or law enforcement officers to violate the provisions of this section for the purposes of ensuring the safety of any law enforcement officer or agent thereof who is acting in an undercover capacity, or as a witness for the commonwealth; provided, however, that any such interception which is not otherwise permitted by this section shall be deemed unlawful for purposes of paragraph P.
f. for a financial institution to record telephone communications with its corporate or institutional trading partners in the ordinary course of its business; provided, however, that such financial institution shall establish and maintain a procedure to provide semi-annual written notice to its corporate and institutional trading partners that telephone communications over designated lines will be recorded.
2. Permitted disclosure and use of intercepted wire or oral communications.
a. Any investigative or law enforcement officer, who, by any means authorized by this section, has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may disclose such contents or evidence in the proper performance of his official duties.
b. Any investigative or law enforcement officer, who, by any means authorized by this section has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may use such contents or evidence in the proper performance of his official duties.
c. Any person who has obtained, by any means authorized by this section, knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may disclose such contents while giving testimony under oath or affirmation in any criminal proceeding in any court of the United States or of any state or in any federal or state grand jury proceeding.
d. The contents of any wire or oral communication intercepted pursuant to a warrant in accordance with the provisions of this section, or evidence derived therefrom, may otherwise be disclosed only upon a showing of good cause before a judge of competent jurisdiction.
e. No otherwise privileged wire or oral communication intercepted in accordance with, or in violation of, the provisions of this section shall lose its privileged character.
E. Warrants: when issuable:A warrant may issue only:1. Upon a sworn application in conformity with this section; and2. Upon a showing by the applicant that there is probable cause to believe that a designated offense has been, is being, or is about to be committed and that evidence of the commission of such an offense may thus be obtained or that information which will aid in the apprehension of a person who the applicant has probable cause to believe has committed, is committing, or is about to commit a designated offense may thus be obtained; and3. Upon a showing by the applicant that normal investigative procedures have been tried and have failed or reasonably appear unlikely to succeed if tried.
F. Warrants: application.
1. Application. The attorney general, any assistant attorney general specially designated by the attorney general, any district attorney, or any assistant district attorney specially designated by the district attorney may apply ex parte to a judge of competent jurisdiction for a warrant to intercept wire or oral communications. Each application ex parte for a warrant must be in writing, subscribed and sworn to by the applicant authorized by this subparagraph.
2. The application must contain the following:a. A statement of facts establishing probable cause to believe that a particularly described designated offense has been, is being, or is about to be committed; andb. A statement of facts establishing probable cause to believe that oral or wire communications of a particularly described person will constitute evidence of such designated offense or will aid in the apprehension of a person who the applicant has probable cause to believe has committed, is committing, or is about to commit a designated offense; andc. That the oral or wire communications of the particularly described person or persons will occur in a particularly described place and premises or over particularly described telephone or telegraph lines; andd. A particular description of the nature of the oral or wire communications sought to be overheard; ande. A statement that the oral or wire communications sought are material to a particularly described investigation or prosecution and that such conversations are not legally privileged; andf. A statement of the period of time for which the interception is required to be maintained. If practicable, the application should designate hours of the day or night during which the oral or wire communications may be reasonably expected to occur. If the nature of the investigation is such that the authorization for the interception should not automatically terminate when the described oral or wire communications have been first obtained, the application must specifically state facts establishing probable cause to believe that additional oral or wire communications of the same nature will occur thereafter; andg. If it is reasonably necessary to make a secret entry upon a private place and premises in order to install an intercepting device to effectuate the interception, a statement to such effect; andh. If a prior application has been submitted or a warrant previously obtained for interception of oral or wire communications, a statement fully disclosing the date, court, applicant, execution, results, and present status thereof; andi. If there is good cause for requiring the postponement of service pursuant to paragraph L, subparagraph 2, a description of such circumstances, including reasons for the applicant’s belief that secrecy is essential to obtaining the evidence or information sought.
3. Allegations of fact in the application may be based either upon the personal knowledge of the applicant or upon information and belief. If the applicant personally knows the facts alleged, it must be so stated. If the facts establishing such probable cause are derived in whole or part from the statements of persons other than the applicant, the sources of such information and belief must be either disclosed or described; and the application must contain facts establishing the existence and reliability of any informant and the reliability of the information supplied by him. The application must also state, so far as possible, the basis of the informant’s knowledge or belief. If the applicant’s information and belief is derived from tangible evidence or recorded oral evidence, a copy or detailed description thereof should be annexed to or included in the application. Affidavits of persons other than the applicant may be submitted in conjunction with the application if they tend to support any fact or conclusion alleged therein. Such accompanying affidavits may be based either on personal knowledge of the affiant or information and belief, with the source thereof, and reason therefor, specified.
G. Warrants: application to whom made.
Application for a warrant authorized by this section must be made to a judge of competent jurisdiction in the county where the interception is to occur, or the county where the office of the applicant is located, or in the event that there is no judge of competent jurisdiction sitting in said county at such time, to a judge of competent jurisdiction sitting in Suffolk County; except that for these purposes, the office of the attorney general shall be deemed to be located in Suffolk County.
H. Warrants: application how determined.
1. If the application conforms to paragraph F, the issuing judge may examine under oath any person for the purpose of determining whether probable cause exists for the issuance of the warrant pursuant to paragraph E. A verbatim transcript of every such interrogation or examination must be taken, and a transcription of the same, sworn to by the stenographer, shall be attached to the application and be deemed a part thereof.
2. If satisfied that probable cause exists for the issuance of a warrant the judge may grant the application and issue a warrant in accordance with paragraph I. The application and an attested copy of the warrant shall be retained by the issuing judge and transported to the chief justice of the superior court in accordance with the provisions of paragraph N of this section.
3. If the application does not conform to paragraph F, or if the judge is not satisfied that probable cause has been shown sufficient for the issuance of a warrant, the application must be denied.
I. Warrants: form and content.
A warrant must contain the following:1. The subscription and title of the issuing judge; and2. The date of issuance, the date of effect, and termination date which in no event shall exceed thirty days from the date of effect. The warrant shall permit interception of oral or wire communications for a period not to exceed fifteen days. If physical installation of a device is necessary, the thirty-day period shall begin upon the date of installation. If the effective period of the warrant is to terminate upon the acquisition of particular evidence or information or oral or wire communication, the warrant shall so provide; and3. A particular description of the person and the place, premises or telephone or telegraph line upon which the interception may be conducted; and4. A particular description of the nature of the oral or wire communications to be obtained by the interception including a statement of the designated offense to which they relate; and5. An express authorization to make secret entry upon a private place or premises to install a specified intercepting device, if such entry is necessary to execute the warrant; and6. A statement providing for service of the warrant pursuant to paragraph L except that if there has been a finding of good cause shown requiring the postponement of such service, a statement of such finding together with the basis therefor must be included and an alternative direction for deferred service pursuant to paragraph L, subparagraph 2.
J. Warrants: renewals.
1. Any time prior to the expiration of a warrant or a renewal thereof, the applicant may apply to the issuing judge for a renewal thereof with respect to the same person, place, premises or telephone or telegraph line. An application for renewal must incorporate the warrant sought to be renewed together with the application therefor and any accompanying papers upon which it was issued. The application for renewal must set forth the results of the interceptions thus far conducted. In addition, it must set forth present grounds for extension in conformity with paragraph F, and the judge may interrogate under oath and in such an event a transcript must be provided and attached to the renewal application in the same manner as is set forth in subparagraph 1 of paragraph H.
2. Upon such application, the judge may issue an order renewing the warrant and extending the authorization for a period not exceeding fifteen (15) days from the entry thereof. Such an order shall specify the grounds for the issuance thereof. The application and an attested copy of the order shall be retained by the issuing judge to be transported to the chief justice in accordance with the provisions of subparagraph N of this section. In no event shall a renewal be granted which shall terminate later than two years following the effective date of the warrant.
K. Warrants: manner and time of execution.
1. A warrant may be executed pursuant to its terms anywhere in the commonwealth.
2. Such warrant may be executed by the authorized applicant personally or by any investigative or law enforcement officer of the commonwealth designated by him for the purpose.
3. The warrant may be executed according to its terms during the hours specified therein, and for the period therein authorized, or a part thereof. The authorization shall terminate upon the acquisition of the oral or wire communications, evidence or information described in the warrant. Upon termination of the authorization in the warrant and any renewals thereof, the interception must cease at once, and any device installed for the purpose of the interception must be removed as soon thereafter as practicable. Entry upon private premises for the removal of such device is deemed to be authorized by the warrant.
L. Warrants: service thereof.
1. Prior to the execution of a warrant authorized by this section or any renewal thereof, an attested copy of the warrant or the renewal must, except as otherwise provided in subparagraph 2 of this paragraph, be served upon a person whose oral or wire communications are to be obtained, and if an intercepting device is to be installed, upon the owner, lessee, or occupant of the place or premises, or upon the subscriber to the telephone or owner or lessee of the telegraph line described in the warrant.
2. If the application specially alleges exigent circumstances requiring the postponement of service and the issuing judge finds that such circumstances exist, the warrant may provide that an attested copy thereof may be served within thirty days after the expiration of the warrant or, in case of any renewals thereof, within thirty days after the expiration of the last renewal; except that upon a showing of important special facts which set forth the need for continued secrecy to the satisfaction of the issuing judge, said judge may direct that the attested copy of the warrant be served on such parties as are required by this section at such time as may be appropriate in the circumstances but in no event may he order it to be served later than three (3) years from the time of expiration of the warrant or the last renewal thereof. In the event that the service required herein is postponed in accordance with this paragraph, in addition to the requirements of any other paragraph of this section, service of an attested copy of the warrant shall be made upon any aggrieved person who should reasonably be known to the person who executed or obtained the warrant as a result of the information obtained from the interception authorized thereby.
3. The attested copy of the warrant shall be served on persons required by this section by an investigative or law enforcement officer of the commonwealth by leaving the same at his usual place of abode, or in hand, or if this is not possible by mailing the same by certified or registered mail to his last known place of abode. A return of service shall be made to the issuing judge, except, that if such service is postponed as provided in subparagraph 2 of paragraph L, it shall be made to the chief justice. The return of service shall be deemed a part of the return of the warrant and attached thereto.
M. Warrant: return.
Within seven days after termination of the warrant or the last renewal thereof, a return must be made thereon to the judge issuing the warrant by the applicant therefor, containing the following:a. a statement of the nature and location of the communications facilities, if any, and premise or places where the interceptions were made; andb. the periods of time during which such interceptions were made; andc. the names of the parties to the communications intercepted if known; andd. the original recording of the oral or wire communications intercepted, if any; ande. a statement attested under the pains and penalties of perjury by each person who heard oral or wire communications as a result of the interception authorized by the warrant, which were not recorded, stating everything that was overheard to the best of his recollection at the time of the execution of the statement.
N. Custody and secrecy of papers and recordings made pursuant to a warrant.
1. The contents of any wire or oral communication intercepted pursuant to a warrant issued pursuant to this section shall, if possible, be recorded on tape or wire or other similar device. Duplicate recordings may be made for use pursuant to subparagraphs 2 (a) and (b) of paragraph D for investigations. Upon examination of the return and a determination that it complies with this section, the issuing judge shall forthwith order that the application, all renewal applications, warrant, all renewal orders and the return thereto be transmitted to the chief justice by such persons as he shall designate. Their contents shall not be disclosed except as provided in this section. The application, renewal applications, warrant, the renewal order and the return or any one of them or any part of them may be transferred to any trial court, grand jury proceeding of any jurisdiction by any law enforcement or investigative officer or court officer designated by the chief justice and a trial justice may allow them to be disclosed in accordance with paragraph D, subparagraph 2, or paragraph O or any other applicable provision of this section.
The application, all renewal applications, warrant, all renewal orders and the return shall be stored in a secure place which shall be designated by the chief justice, to which access shall be denied to all persons except the chief justice or such court officers or administrative personnel of the court as he shall designate.
2. Any violation of the terms and conditions of any order of the chief justice, pursuant to the authority granted in this paragraph, shall be punished as a criminal contempt of court in addition to any other punishment authorized by law.
3. The application, warrant, renewal and return shall be kept for a period of five (5) years from the date of the issuance of the warrant or the last renewal thereof at which time they shall be destroyed by a person designated by the chief justice. Notice prior to the destruction shall be given to the applicant attorney general or his successor or the applicant district attorney or his successor and upon a showing of good cause to the chief justice, the application, warrant, renewal, and return may be kept for such additional period as the chief justice shall determine but in no event longer than the longest period of limitation for any designated offense specified in the warrant, after which time they must be destroyed by a person designated by the chief justice.
O. Introduction of evidence.
1. Notwithstanding any other provisions of this section or any order issued pursuant thereto, in any criminal trial where the commonwealth intends to offer in evidence any portions of the contents of any interception or any evidence derived therefrom the defendant shall be served with a complete copy of each document and item which make up each application, renewal application, warrant, renewal order, and return pursuant to which the information was obtained, except that he shall be furnished a copy of any recording instead of the original. The service must be made at the arraignment of the defendant or, if a period in excess of thirty (30) days shall elapse prior to the commencement of the trial of the defendant, the service may be made at least thirty (30) days before the commencement of the criminal trial. Service shall be made in hand upon the defendant or his attorney by any investigative or law enforcement officer of the commonwealth. Return of the service required by this subparagraph including the date of service shall be entered into the record of trial of the defendant by the commonwealth and such return shall be deemed prima facie evidence of the service described therein. Failure by the commonwealth to make such service at the arraignment, or if delayed, at least thirty days before the commencement of the criminal trial, shall render such evidence illegally obtained for purposes of the trial against the defendant; and such evidence shall not be offered nor received at the trial notwithstanding the provisions of any other law or rules of court.
2. In any criminal trial where the commonwealth intends to offer in evidence any portions of a recording or transmission or any evidence derived therefrom, made pursuant to the exceptions set forth in paragraph B, subparagraph 4, of this section, the defendant shall be served with a complete copy of each recording or a statement under oath of the evidence overheard as a result of the transmission. The service must be made at the arraignment of the defendant or if a period in excess of thirty days shall elapse prior to the commencement of the trial of the defendant, the service may be made at least thirty days before the commencement of the criminal trial. Service shall be made in hand upon the defendant or his attorney by any investigative or law enforcement officer of the commonwealth. Return of the service required by this subparagraph including the date of service shall be entered into the record of trial of the defendant by the commonwealth and such return shall be deemed prima facie evidence of the service described therein. Failure by the commonwealth to make such service at the arraignment, or if delayed at least thirty days before the commencement of the criminal trial, shall render such service illegally obtained for purposes of the trial against the defendant and such evidence shall not be offered nor received at the trial notwithstanding the provisions of any other law or rules of court.
P. Suppression of evidence.
Any person who is a defendant in a criminal trial in a court of the commonwealth may move to suppress the contents of any intercepted wire or oral communication or evidence derived therefrom, for the following reasons:1. That the communication was unlawfully intercepted.
2. That the communication was not intercepted in accordance with the terms of this section.
3. That the application or renewal application fails to set forth facts sufficient to establish probable cause for the issuance of a warrant.
4. That the interception was not made in conformity with the warrant.
5. That the evidence sought to be introduced was illegally obtained.
6. That the warrant does not conform to the provisions of this section.
Q. Civil remedy.
Any aggrieved person whose oral or wire communications were intercepted, disclosed or used except as permitted or authorized by this section or whose personal or property interests or privacy were violated by means of an interception except as permitted or authorized by this section shall have a civil cause of action against any person who so intercepts, discloses or uses such communications or who so violates his personal, property or privacy interest, and shall be entitled to recover from any such person—1. actual damages but not less than liquidated damages computed at the rate of $100 per day for each day of violation or $1000, whichever is higher;2. punitive damages; and3. a reasonable attorney’s fee and other litigation disbursements reasonably incurred. Good faith reliance on a warrant issued under this section shall constitute a complete defense to an action brought under this paragraph.
R. Annual report of interceptions of the general court.
On the second Friday of January, each year, the attorney general and each district attorney shall submit a report to the general court stating (1) the number of applications made for warrants during the previous year, (2) the name of the applicant, (3) the number of warrants issued, (4) the effective period for the warrants, (5) the number and designation of the offenses for which those applications were sought, and for each of the designated offenses the following: (a) the number of renewals, (b) the number of interceptions made during the previous year, (c) the number of indictments believed to be obtained as a result of those interceptions, (d) the number of criminal convictions obtained in trials where interception evidence or evidence derived therefrom was introduced. This report shall be a public document and be made available to the public at the offices of the attorney general and district attorneys. In the event of failure to comply with the provisions of this paragraph any person may compel compliance by means of an action of mandamus.
devices Section 99A. Whoever secretly overhears, or attempts secretly to overhear or to have any other person overhear the deliberations of a jury by use of a device commonly known as a dictograph or dictaphone, or however otherwise described, or by any similar device or arrangement with intent to procure any information relative to the conduct of such jury or any of its members, shall be punished by imprisonment for not more than five years or by a fine of not more than five thousand dollars, or both.
with support order; decree establishing rights of spouse as prima facie evidence Section 1. A spouse or parent shall be guilty of a felony and shall be subject to the penalties set forth in section fifteen A if:(1) he abandons his spouse or minor child without making reasonable provisions for the support of his spouse or minor child or both of them; or(2) he leaves the commonwealth and goes into another state without making reasonable provisions for the support of his spouse or minor child or both of them; or(3) he enters the commonwealth from another state without making reasonable provisions for the support of his spouse or minor child, or both of them, domiciled in another state; or(4) wilfully and while having the financial ability or earning capacity to have complied, he fails to comply with an order or judgment for support which has been entered pursuant to chapter one hundred and nineteen, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C, or two hundred and seventy-three, or received, entered or registered pursuant to chapter two hundred and nine D, or entered pursuant to similar laws of other states. No civil proceeding in any court shall be held to be a bar to a prosecution hereunder but the court shall not enter any order pursuant to section fifteen A which would directly or indirectly result in a decrease in the amount paid for current support pursuant to an order or judgment on behalf of the child or spouse to who, or on whose behalf, support is owed.
In a prosecution hereunder a decree or judgment of a probate court in a proceeding in which the defendant or spouse appeared or was personally served with process, establishing the right of his spouse to live apart or the freedom of such spouse to convey and deal with property, or the right to the custody of the children, shall be admissible and shall be prima facie evidence of such right.
Section 10. Sections one to eight, inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states enacting their provisions.
Chapter 273: Section 11. Repealed, 1977, 848, Sec. 7 Chapter 273: Section 12 to 14. Repealed, 1986, 310, Sec. 25 Chapter 273: Section 15. Duty to support child born out of wedlock; conclusiveness of adjudication or acknowledgment of paternity Section 15. A parent of a minor child born out of wedlock whether or not the child was born in the commonwealth who wilfully neglects or refuses to contribute reasonably to the support of the child or who leaves the commonwealth and goes into another state without making reasonable provision for the support of the child, or who enters the commonwealth from another state without making reasonable provision for the support of the child domiciled in another state, or who, wilfully and while having the financial ability or earning capacity to have complied, fails to comply with an order or judgment for support which has been entered pursuant to chapter one hundred and nineteen, two hundred and seven, two hundred and nine C, or two hundred and seventy-three, or received, entered or registered pursuant to chapter two hundred and nine D, or entered pursuant to similar laws of other states, shall be guilty of a felony and shall be subject to the penalties provided under section fifteen A. No civil proceeding in any court shall be held to be a bar to the prosecution hereunder but the court shall not enter any order pursuant to section fifteen A which would directly or indirectly result in a decrease in the amount paid for current support pursuant to an order or judgment on behalf of the child to whom, or on whose behalf, support is owed.
If there has been a voluntary acknowledgment of parentage or an adjudication of paternity under chapter two hundred and nine C or under any provision of this chapter in effect immediately prior to the effective date of this section or other law in this or any other jurisdiction, such acknowledgment or adjudication shall be conclusive on all persons in proceedings under this section. If there has been no adjudication or acknowledgment of paternity, proceedings under this section shall be stayed pending the conclusion of an action to establish paternity under chapter two hundred and nine C, which shall be commenced forthwith.
Chapter 273: Section 15A. Abandonment and willful nonsupport; penalties; alternative sentencing; restitution Section 15A. (1) The penalty for violation of sections one and fifteen of this chapter shall be by fine or by imprisonment or by both fine and imprisonment as specified below.
(2) A person who abandons his spouse or minor child without making reasonable provisions for the support of either or both of them who is subject to an order or judgment for support pursuant to chapters one hundred and nineteen, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C, two hundred and seventy-three, or two hundred and nine D, or pursuant to similar laws of other states, who, wilfully and while having the financial ability or earning capacity to have complied, fails to comply with that order or judgment, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in jail or the house of correction for not more than two and one-half years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment.
(3) A person who leaves the commonwealth and goes into another state without making reasonable provisions for the support of a spouse or child, or who enters the commonwealth from another state without making reasonable provision for the support of a spouse or child domiciled in another state, shall be punished by imprisonment in the state prison for not more than ten years or by imprisonment in jail or the house of correction for not more than two and one-half years, or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment.
(4) In a prosecution under this chapter, the court may, upon conviction of the defendant, provide for alternative sentencing including (a) the suspension of the sentence upon and during the compliance by the defendant with any order for the support as already made or as thereafter modified, or (b) notwithstanding the provision of section six of chapter two hundred and seventy-nine, the imprisonment of the defendant only on designated weekends, evenings or holidays, provided, that such defendant retains employment and complies with such support orders.
(5) In a prosecution under this chapter the defendant may be ordered to make restitution to the spouse or the custodial parent or to the person or agency, including the department of public welfare, who is supporting or has supported the spouse or child for all sums expended on behalf of such spouse or child, provided that if the defendant establishes a lesser ability to have provided support, the amount of any liability imposed by this section shall be consistent with the defendant’s prior ability to have paid support.
Chapter 273: Section 15B. Receiving, concealing or transferring assets for the purpose of avoiding payment; penalty Section 15B. Whoever receives or conceals an asset of another knowing that said asset is being transferred for the purpose of concealing it to avoid payment of an order or judgment for support issued pursuant to the provisions of chapter 119, 207, 208, 209, 209A, 209C, 209D or 273, or pursuant to any similar laws of other states, shall be punished by a fine of not more than $5,000 or by imprisonment in a jail or house of correction for not more than two and one-half years, or by both such fine and imprisonment; and whoever transfers an asset for the purpose of concealing it to avoid payment of an order or judgment for support issued pursuant to said chapter 119, 207, 208, 209, 209A, 209C, 209D or 273, or pursuant to any similar laws of other states shall be punished by a fine of not more than $5,000 or by imprisonment in a jail or house of correction for not more than two and one-half years, or both such fine and imprisonment. The court may in the alternative to the foregoing punishment divert the defendant to a program as defined in section 1 of chapter 276A.
Chapter 273: Section 16. Proceedings under Secs. 1 and 15 Section 16. The provisions of sections two, six, seven and ten shall apply in proceedings under sections one and fifteen.
Chapter 273: Section 17. Dismissal of case Section 17. If the court having jurisdiction of a case under sections fifteen to eighteen, inclusive, becomes satisfied that the alleged father and the mother have married each other and the child has become or will be the legitimate child of the alleged father or that it is for the best interest of the child, the case may be dismissed and if the court certifies that it is for the best interests of the child, no further prosecution shall be maintained under any of said sections.
Chapter 273: Section 18. Money forfeited or recovered upon recognizance or deposit used for support Section 18. If money is forfeited or recovered upon a recognizance or deposit in lieu thereof given in proceedings under sections fifteen to eighteen, inclusive, or any of them, the court in which such proceedings are pending may order such money paid to the probation officer and expended by him, under the direction of the court, for the support of the child.
Chapter 273: Section 18A. Support obligations under prior law; enforcement; insurance coverage; amended orders Section 18A. (a) Any order issued by a court pursuant to sections one, five, or fifteen as those sections appeared prior to the effective date of this section directing the defendant to pay certain sums periodically to the probation officer as a condition of releasing the defendant from custody on probation, shall continue in full force and effect, subject to the jurisdiction of said court and to change from time to time as circumstances may require, for a period not exceeding six years from said date. A voluntary agreement relating to the support of a spouse or child or children previously executed by the defendant may be admitted as evidence of the defendant’s support obligation. If the court finds that the obligation imposed by such agreement is reasonable in the circumstance, and that the defendant has failed to comply with its terms, the court may include in any subsequent order the payment of any part or all of the arrears which accrued under such agreement if the complaint includes the period of such arrearage; provided, however, that when such agreement is executed with the department of public welfare or with any official of the court, such agreement shall not be enforceable unless the defendant was informed in writing at the time he executed the agreement that the failure to comply with the support order would result in the commencement of criminal nonsupport proceedings under this chapter against him. The probation officer subject to the direction of the court, shall pay over payments received by him to the IV-D agency, as set forth in chapter one hundred and nineteen A, which shall in turn make payments to the spouse or guardian or custodian of the child, or to the city, town, corporation, society or person supporting the spouse or child, or to the state treasurer for the use of the department of social services when the payments are for the support of a child committed to it. If the court is satisfied by due proof under oath that at any time the defendant has violated the terms of the order for payments, it may proceed to try the defendant upon the original charge, or sentence him under the original plea or conviction, or enforce the suspended sentence, as the case may be.
(b) When the court reviews or modifies an order for support on behalf of a spouse or child, said court shall determine whether the obligor under such order has health insurance or other health coverage available to him through an employer or organization or has health insurance or other health coverage available to him at reasonable cost that may be extended to cover the spouse or child for whom support is ordered. When said court has determined that the obligor has such insurance or coverage available to him, said court shall include in the support order a requirement that the obligor exercise the option of additional coverage in favor of the spouse and child or obtain coverage for the spouse and child.
(c) Each order for support reviewed, modified, or otherwise brought before the court pursuant to this section shall be amended so as to conform to and shall thereafter be enforced in accordance with the provisions of section twelve of chapter one hundred and nineteen A.
Chapter 273: Section 19. Repealed, 1977, 848, Sec. 7 municipal or district court probation officers Section 2. Proceedings under section one shall be begun if in the superior court, in the county in which is situated the place where the husband and wife last lived together or where the husband or wife or parent of the child is living, and, if begun in a district court, in the court having such place within its judicial district; provided, that such a proceeding for an offense committed within the territorial limits of the Boston, the Worcester, Bristol county or the Springfield juvenile court, as designated by section fifty-seven of chapter two hundred and eighteen, if founded upon the same allegations as a proceeding under sections twenty-four to twenty-seven, inclusive, of chapter one hundred and nineteen, may be brought, heard and disposed of in said juvenile courts. Such a proceeding for an offense committed within the territorial limits prescribed for the criminal jurisdiction of any court other than the courts within the territorial limits of the Boston, the Worcester, Bristol county and the Springfield juvenile courts, if founded upon the same allegations as a proceeding under said sections twenty-four to twenty-seven, inclusive, of chapter one hundred and nineteen, may be heard and disposed of in the juvenile session of the court. Any parent placed on probation in such a proceeding in any of said juvenile courts shall at the request of the justice thereof be supervised by the probation officers of the municipal or district courts located within the territorial limits of that juvenile court.
Chapter 273: Section 20. Neglect or refusal to support parent Section 20. Any person, over eighteen, who, being possessed of sufficient means, unreasonably neglects or refuses to provide for the support and maintenance of his parent, whether father or mother, residing in the commonwealth, when such parent through misfortune and without fault of his own is destitute of means of sustenance and unable by reason of old age, infirmity or illness to support and maintain himself, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or both. No such neglect or refusal shall be deemed unreasonable as to a child who shall not during his minority have been reasonably supported by such parent, if such parent was charged with the duty so to do, nor as to a child who, being one of two or more children, has made proper and reasonable contribution toward the support of such parent.
Chapter 273: Section 21. Venue; complainants Section 21. Proceedings under the preceding section shall be begun, if in the superior court, in the county in which is situated the place where the defendant or the parent lives, and, if begun in a district court, in the court having such place within its judicial district. Complaints in district courts under the preceding section may be made by any such parent, by any child of such parent or by the department of public welfare.
Chapter 273: Section 22. Orders; applicability of Secs. 1 to 10 of this chapter Section 22. Before trial, with the consent of the defendant, or after entry of a plea of guilty or nolo contendere, or after conviction, the court may make for the benefit of such destitute parent orders similar to those provided by section five; and the practice established by the first ten sections of this chapter shall, so far as applicable, apply to proceedings under this and the two preceding sections.
Chapter 273: Section 23. Needy disabled persons; neglect or refusal of parents to support; penalty Section 23. The father or mother of any needy disabled person who unreasonably neglects or refuses to provide for the support and maintenance of such person shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years, or both.
Section 3. The court imposing a fine under section fifteen A may at any time order it paid in whole or in part to a probation officer, to be paid by him to the spouse or to the city, town, corporation, society or person actually supporting the spouse, child or children, or to the state treasurer for the use of the department of social services if the child has been committed to said department.
with judgment or order for support; forfeiture Section 6. The court shall also have the power to release the defendant from custody on probation for a period so fixed, upon his or her entering into a recognizance, with or without surety, in such sum as the court may order and approve. The condition of the recognizance shall be such that if the defendant shall make his personal appearance in court whenever ordered to do so, and shall further comply with the terms of any currently enforceable judgment or order for support entered pursuant to any civil action, including an action for annulment, divorce, separate support, or paternity and support, under chapters two hundred and seven, two hundred and eight, two hundred and nine or two hundred and nine C, then such recognizance shall be void, otherwise of full force and effect. An order or judgment for support entered against the defendant in any such civil proceeding shall be deemed to be currently enforceable if the defendant is currently able to comply with said order or judgment and it is or would be enforceable pursuant to an action for contempt or otherwise as provided under said chapter in case of forfeiture of recognizance, and enforcement therefor by execution, the sum recovered may, in the discretion of the court, be paid in whole or in part, to the spouse or parent of the child or to the person entitled to receive support.
wife as witnesses; self incrimination; evidence of wilfulness; confidential communications Section 7. No other or greater evidence shall be required to prove the marriage of the husband and wife, or that the alleged father is the parent of the child, than may be required to prove the same facts in a civil action. In any prosecution begun under section one, both husband and wife shall be competent witnesses to testify against each other to any relevant matters, including the fact of their marriage and the parentage of the child; provided, that neither shall be compelled to give evidence incriminating himself. Proof of the desertion of the spouse or child, or of the neglect or refusal to make reasonable provision for their support and maintenance, shall be prima facie evidence that such desertion, neglect or refusal is wilful and without just cause. In no prosecution under sections one to ten, inclusive, shall any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply.
Section 8. In proceedings under sections one or fifteen against a parent, relative to any minor child, it shall not of itself be a defence that the defendant has ceased to have custody or the right to custody of such child on his own acquiescence or by judicial action. The legal duty of the parent or parents to support a minor child shall continue notwithstanding the absence of a court decree ordering them or either of them to pay for the support of said child and notwithstanding any court decree granting custody of such child to another.
Section 1. A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.
Section 2. Whoever aids in the commission of a felony, or is accessory thereto before the fact by counselling, hiring or otherwise procuring such felony to be committed, shall be punished in the manner provided for the punishment of the principal felon.
accessory before fact or principal; punishment; venue Section 3. Whoever counsels, hires or otherwise procures a felony to be committed may be indicted and convicted as an accessory before the fact, either with the principal felon or after his conviction; or may be indicted and convicted of the substantive felony, whether the principal felon has or has not been convicted, or is or is not amenable to justice; and in the last mentioned case may be punished in the same manner as if convicted of being an accessory before the fact. An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, although the counselling, hiring or procuring the commission of such felony was committed within or without the commonwealth or on the high seas.
as defence; cross-examination; impeachment Section 4. Whoever, after the commission of a felony, harbors, conceals, maintains or assists the principal felon or accessory before the fact, or gives such offender any other aid, knowing that he has committed a felony or has been accessory thereto before the fact, with intent that he shall avoid or escape detention, arrest, trial or punishment, shall be an accessory after the fact, and, except as otherwise provided, be punished by imprisonment in the state prison for not more than seven years or in jail for not more than two and one half years or by a fine of not more than one thousand dollars. The fact that the defendant is the husband or wife, or by consanguinity, affinity or adoption, the parent or grandparent, child or grandchild, brother or sister of the offender, shall be a defence to a prosecution under this section. If such a defendant testifies solely as to the existence of such relationship, he shall not be subject to cross examination on any other subject matter, nor shall his criminal record, if any, except for perjury or subornation of perjury, be admissible to impeach his credibility.
justice; venue Section 5. An accessory to a felony after the fact may be indicted, convicted and punished, whether the principal felon has or has not been previously convicted, or is or is not amenable to justice, either in the county where he became an accessory or in the county where the principal felony was committed.
Section 6. Whoever attempts to commit a crime by doing any act toward its commission, but fails in its perpetration, or is intercepted or prevented in its perpetration, shall, except as otherwise provided, be punished as follows:First, by imprisonment in the state prison for not more than ten years, if he attempts to commit a crime punishable with death.
Second, by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one half years, if he attempts to commit a crime, except any larceny under section thirty of chapter two hundred and sixty-six, punishable by imprisonment in the state prison for life or for five years or more.
Third, by imprisonment in a jail or house of correction for not more than one year or by a fine of not more than three hundred dollars, if he attempts to commit a crime, except any larceny under said section thirty, punishable by imprisonment in the state prison for less than five years or by imprisonment in a jail or house of correction or by a fine.
Fourth, by imprisonment in a jail or house of correction for not more than two and one half years or by a fine, or by both such fine and imprisonment, if he attempts to commit any larceny punishable under said section thirty.
Section 7. Any person who commits the crime of conspiracy shall be punished as follows:First, if the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a felony punishable by death or imprisonment for life, by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than twenty years or in jail for not more than two and one half years, or by both such fine and imprisonment.
Second, if clause first does not apply and the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a felony punishable by imprisonment in the state prison for a maximum period exceeding ten years, by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than ten years or in jail for not more than two and one half years, or by both such fine and imprisonment.
Third, if clauses first and second do not apply and the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a felony punishable by imprisonment in the state prison for not more than ten years, by a fine of not more than five thousand dollars or by imprisonment in the state prison for not more than five years or in jail for not more than two and one half years, or by both such fine and imprisonment.
Fourth, if clauses first through third do not apply and the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a crime, by a fine of not more than two thousand dollars or by imprisonment in jail for not more than two and one half years, or both.
If a person is convicted of a crime of conspiracy for which crime the penalty is expressly set forth in any other section of the General Laws, the provisions of this section shall not apply to said crime and the penalty therefor shall be imposed pursuant to the provisions of such other section.
public institutions; possession Section 27. 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.
correctional institutions or jails; possession Section 28. 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.
officers, of alcoholic beverages, to prisoners; keeping together prisoners of different sexes or classes Section 29. 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.
Section 3. 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.
attracting attention of, or communicating with, inmates Section 30. 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.
inmates Section 31. 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.
signal systems, or motorist highway emergency aid call boxes; false alarms or calls Section 32. 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.
Section 32A. 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.
Section 32B. (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.
other officers Section 33. 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 telecommunications and energy, 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.
license Section 33A. 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.
performance of duties, or exercise of rights Section 34. 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.
to law enforcement officer or official; penalty; restitution Section 34A. 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.
possessing badge of town officer Section 35. 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.
Section 36. 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.
theft; penalty; subsequent offenses Section 39. 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.
commitment; recognizance; witnesses bound over; notice Section 4. 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.
Section 40. 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.
documents detained for prosecution Section 5. 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.
departments, board or commissioner; false entries in company books or statements; aiders or abettors Section 6. 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 telecommunications and energy, 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.
employees Section 6A. 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.
Section 6B. 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.
promotion Section 8B. 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.
regarding testimonial dinners Section 9A. 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.
Section 1. 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.
Section 10. 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.
compensation from, or acting as agent or attorney for other than county agency Section 11. (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 three thousand dollars or by imprisonment for not more than two years, or both.
A county employee shall be subject to paragraphs (a) and (c) only in relation to the county of which he is an employee. A special county employee shall be subject to said paragraphs (a) and (c) only in relation to a particular matter (a) in which he has at any time participated as a county employee, or (b) which is or within one year has been a subject of his official responsibility, or (c) which is pending in the county agency in which he is serving. Clause (c) of the preceding sentence shall not apply in the case of a county employee who serves on no more than sixty days during any period of three hundred and sixty-five consecutive days.
This section shall not prevent a county employee from taking uncompensated action, not inconsistent with the faithful performance of his duties, to aid or assist any person who is the subject of disciplinary or other personnel administration proceedings with respect to those proceedings.
This section shall not prevent a county employee, including a special employee, from acting, with or without compensation, as agent or attorney for or otherwise aiding or assisting members of his immediate family or any person for whom he is serving as guardian, executor, administrator, trustee or other personal fiduciary except in those matters in which he has participated or which are the subject of his official responsibility; provided, that the state or county official responsible for appointment to his position approves.
This section shall not prevent a present or former special county employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the county; provided, that the head of the special county employee’s department or agency has certified in writing that the interest of the county requires such aid or assistance and the certification has been filed with the state ethics commission. The certification shall be open to public inspection.
This section shall not prevent a county employee from giving testimony under oath or making statements required to be made under penalty for perjury or contempt.
This section shall not prohibit a county employee from holding an elective or appointive office in a city, town or district nor in any way prohibit such an employee from performing the duties or receiving the compensation provided for such office. No such elected or appointed official may vote or act on any matter which is within the purview of the agency by which he is employed or over which such employee has official responsibility.
receiving compensation from other than county; partners of employees or former employees or legislators Section 12. (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 three thousand dollars or by imprisonment for not more than two years, or both.
If a partner of a special county employee or of a former county employee is also a member of another partnership in which the special or former employee has no interest, activities of the latter partnership in which the special or former employee takes no part shall not thereby be subject to clause (c) or (d).
This section shall not prevent a present or former special county employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the county; provided, that the head of the special county employee’s department or agency has certified in writing that the interest of the county requires such aid or assistance and the certification has been filed with the state ethics commission. The certification shall be open to public inspection.
relatives or associates; disclosure Section 13. (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 three thousand dollars or by imprisonment for not more than two years, or both.
(b) Any county employee whose duties would otherwise require him to participate in such a particular matter shall advise the official responsible for appointment to his position and the state ethics commission of the nature and circumstances of the particular matter and make full disclosure of such financial interest, and the appointing official shall thereupon either(1) assign the particular matter to another employee; or(2) assume responsibility for the particular matter; or(3) make a written determination that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the county may expect from the employee, in which case it shall not be a violation for the employee to participate in the particular matter. Copies of such written determination shall be forwarded to the county employee and filed with the state ethics commission by the person who made the determination. Such copy shall be retained by the commission for a period of six years.
contracts of county agency Section 14. 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 three thousand dollars or by imprisonment for not more than two years, or both.
This section shall not apply if such financial interest consists of the ownership of less than one per cent of the stock of a corporation.
This section shall not apply (a) to a county employee who in good faith and within thirty days after he learns of an actual or prospective violation of this section makes full disclosure of his financial interest to the contracting agency and terminates or disposes of the interest, or (b) to a county employee who does not participate in or have official responsibility for any of the activities of the contracting agency, if the contract is made through competitive bidding and his direct and indirect interests and those of his immediate family in the corporation or other commercial entity with which the contract is made do not in the aggregate amount to ten per cent of the total proprietary interests therein, or (c) to a special county employee who does not participate in or have official responsibility for any of the activities of the contracting agency and who files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family in the contract, if the county commissioners approve the exemption of his interest from this section.
particular matter; additional remedies; civil action for damages Section 15. (a) In addition to any other remedies provided by law, a violation of sections two, three, eight or sections eleven to fourteen, inclusive, which has substantially influenced the action taken by any county agency in any particular matter, shall be grounds for avoiding, rescinding or cancelling the action on such terms as the interests of the county and innocent third persons require.
(b) The state ethics commission may bring a civil action against any person who has acted to his economic advantage in violation of sections two, three, or eight, or eleven to fourteen, inclusive, and may recover on behalf of the county damages in the amount of the economic advantage or five hundred dollars, whichever is greater. 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 state ethics commission may, in the discretion of the court, recover additional damages in an amount not exceeding twice the amount of the economic advantage, and a judgment for such damages shall bar any criminal prosecution for the same violation.
restrictions on appointments to certain positions Section 15A. 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.
compensation from other than municipality; acting as agent or attorney Section 17. (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 three thousand dollars or by imprisonment for not more than two years, or both.
A special municipal employee shall be subject to paragraphs (a) and (c) only in relation to a particular matter (a) in which he has at any time participated as a municipal employee, or (b) which is or within one year has been a subject of his official responsibility, or (c) which is pending in the municipal agency in which he is serving. Clause (c) of the preceding sentence shall not apply in the case of a special municipal employee who serves on no more than sixty days during any period of three hundred and sixty-five consecutive days.
This section shall not prevent a municipal employee from taking uncompensated action, not inconsistent with the faithful performance of his duties, to aid or assist any person who is the subject of disciplinary or other personnel administration proceedings with respect to those proceedings.
This section shall not prevent a municipal employee, including a special employee, from acting, with or without compensation, as agent or attorney for or otherwise aiding or assisting members of his immediate family or any person for whom he is serving as guardian, executor, administrator, trustee or other personal fiduciary except in those matters in which he has participated or which are the subject of his official responsibility; provided, that the official responsible for appointment to his position approves.
This section shall not prevent a present or former special municipal employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the city or town; provided, that the head of the special municipal employee’s department or agency has certified in writing that the interest of the city or town requires such aid or assistance and the certification has been filed with the clerk of the city or town. The certification shall be open to public inspection.
This section shall not prevent a municipal employee from giving testimony under oath or making statements required to be made under penalty for perjury or contempt.
This section shall not prevent a municipal employee from applying on behalf of anyone for a building, electrical, wiring, plumbing, gas fitting or septic system permit, nor from receiving compensation in relation to any such permit, unless such employee is employed by or provides services to the permit-granting agency or an agency that regulates the activities of the permit-granting agency.
or receiving compensation; from other than municipality; partners Section 18. (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 three thousand dollars or by imprisonment for not more than two years, or both.
If a partner of a former municipal employee or of a special municipal employee is also a member of another partnership in which the former or special employee has no interest, the activities of the latter partnership in which the former or special employee takes no part shall not thereby be subject to clause (c) or (d).
Notwithstanding the provisions of clause (b), a former town counsel who acted in such capacity on a salary or retainer of less than two thousand dollars per year shall be prohibited from appearing personally before any agency of the city or town as agent or attorney for anyone other than the city or town only in connection with any particular matter in which the same city or town is a party or has a direct and substantial interest and in which he participated while so employed.
This section shall not prevent a present or former special municipal employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the city or town; provided, that the head of the special municipal employee’s department or agency has certified in writing that the interest of the city or town requires such aid or assistance and the certification has been filed with the clerk of the city or town. The certification shall be open to public inspection.
financial interest in particular matter Section 19. (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 three thousand dollars or by imprisonment for not more than two years, or both.
(b) It shall not be a violation of this section (1) if the municipal employee first advises the official responsible for appointment to his position of the nature and circumstances of the particular matter and makes full disclosure of such financial interest, and receives in advance a written determination made by that official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from the employee, or (2) if, in the case of an elected municipal official making demand bank deposits of municipal funds, said official first files, with the clerk of the city or town, a statement making full disclosure of such financial interest, or (3) if the particular matter involves a determination of general policy and the interest of the municipal employee or members of his immediate family is shared with a substantial segment of the population of the municipality.
official acts; corruption of witnesses Section 2. (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 five thousand dollars or by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one half years, or by both such fine and imprisonment in a jail or house of correction; and in the event of final conviction shall be incapable of holding any office of honor, trust or profit under the commonwealth or under any state, county or municipal agency.
Clauses (c) and (d) shall not be construed to prohibit the payment or receipt of witness fees provided by law or the payment by the party upon whose behalf a witness is called and receipt by a witness of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing or proceeding, or, in the case of expert witnesses, involving a technical or professional opinion, a reasonable fee for time spent in the preparation of such opinion, in appearing or testifying.
contracts; holding one or more elected positions Section 20. (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 three thousand dollars or by imprisonment for not more than two years, or both.
This section shall not apply if such financial interest consists of the ownership of less than one per cent of the stock of a corporation.
This section shall not apply (a) to a municipal employee who in good faith and within thirty days after he learns of an actual or prospective violation of this section makes full disclosure of his financial interest to the contracting agency and terminates or disposes of the interest, or (b) to a municipal employee who is not employed by the contracting agency or an agency which regulates the activities of the contracting agency and who does not participate in or have official responsibility for any of the activities of the contracting agency, if the contract is made after public notice or where applicable, through competitive bidding, and if the municipal employee files with the clerk of the city or town a statement making full disclosure of his interest and the interest of his immediate family, and if in the case of a contract for personal services (1) the services will be provided outside the normal working hours of the municipal employee, (2) the services are not required as part of the municipal employee’s regular duties, the employee is compensated for not more than five hundred hours during a calendar year, (3) the head of the contracting agency makes and files with the clerk of the city or town a written certification that no employee of that agency is available to perform those services as part of their regular duties, and (4) the city council, board of selectmen or board of aldermen approve the exemption of his interest from this section, or (c) to a special municipal employee who does not participate in or have official responsibility for any of the activities of the contracting agency and who files with the clerk of the city or town a statement making full disclosure of his interest and the interests of his immediate family in the contract, or (d) to a special municipal employee who files with the clerk of the city, town or district a statement making full disclosure of his interest and the interests of his immediate family in the contract, if the city council or board of aldermen, if there is no city council, board of selectmen or the district prudential committee, approve the exemption of his interest from this section, or (e) to a municipal employee who receives benefits from programs funded by the United States or any other source in connection with the rental, improvement, or rehabilitation of his residence to the extent permitted by the funding agency, or (f) to a municipal employee if the contract is for personal services in a part time, call or volunteer capacity with the police, fire, rescue or ambulance department of a fire district, town or any city with a population of less than thirty-five thousand inhabitants; provided, however, that the head of the contracting agency makes and files with the clerk of the city, district or town a written certification that no employee of said agency is available to perform such services as part of his regular duties, and the city council, board of selectmen, board of aldermen or district prudential committee approve the exemption of his interest from this section or (g) to a municipal employee who has applied in the usual course and is otherwise eligible for a housing subsidy program administered by a local housing authority, unless the employee is employed by the local housing authority in a capacity in which he has responsibility for the administration of such subsidy programs or (h) to a municipal employee who is the owner of residential rental property and rents such property to a tenant receiving a rental subsidy administered by a local housing authority, unless such employee is employed by such local housing authority in a capacity in which he has responsibility for the administration of such subsidy programs.
This section shall not prohibit an employee or an official of a town from holding the position of selectman in such town nor in any way prohibit such employee from performing the duties of or receiving the compensation provided for such office; provided, however, that such selectman shall not, except as hereinafter provided, receive compensation for more than one office or position held in a town, but shall have the right to choose which compensation he shall receive; provided, further, that no such selectman may vote or act on any matter which is within the purview of the agency by which he is employed or over which he has official responsibility; and, provided further, that no such selectman shall be eligible for appointment to any such additional position while he is still a member of the board of selectmen or for six months thereafter. Any violation of the provisions of this paragraph which has substantially influenced the action taken by any municipal agency in any matter shall be grounds for avoiding, rescinding or cancelling the action on such terms as the interest of the municipality and innocent third parties may require.
This section shall not prohibit any elected official in a town, whether compensated or uncompensated for such elected position, from holding one or more additional elected positions, in such town, whether such additional elected positions are compensated or uncompensated.
This section shall not prohibit an employee of a municipality with a city or town council form of government from holding the elected office of councillor in such municipality, nor in any way prohibit such an employee from performing the duties of or receiving the compensation provided for such office; provided, however, that no such councillor may vote or act on any matter which is within the purview of the agency by which he is employed or over which he has official responsibility; and provided, further, that no councillor shall be eligible for appointment to such additional position while a member of said council or for six months thereafter. Any violation of the provisions of this paragraph which has substantially influenced the action taken by a municipal agency in any matter shall be grounds for avoiding, rescinding or cancelling such action on such terms as the interest of the municipality and innocent third parties require. No such elected councillor shall receive compensation for more than one office or position held in a municipality, but shall have the right to choose which compensation he shall receive.
This section shall not prohibit an employee of a housing authority in a municipality from holding any elective office, other than the office of mayor, in such municipality nor in any way prohibit such employee from performing the duties of or receiving the compensation provided for such office; provided, however, that such elected officer shall not, except as otherwise expressly provided, receive compensation for more than one office or position held in a municipality, but shall have the right to choose which compensation he shall receive; provided further that no such elected official may vote or act on any matter which is within the purview of the housing authority by which he is employed; and provided further that no such elected official shall be eligible for appointment to any such additional position while he is still serving in such elective office or for six months thereafter. Any violation of the provisions of this paragraph which has substantially influenced the action taken by the housing authority in any matter shall be grounds for avoiding, rescinding, or cancelling the action on such terms as the interest of the municipality and innocent third parties may require.
This section shall not prohibit an employee in a town having a population of less than three thousand five hundred persons from holding more than one appointed position with said town, provided that the board of selectmen approves the exemption of his interest from this section.
remedies; civil action for damages Section 21. (a) In addition to any other remedies provided by law, any violation of sections two, three, eight, or sections fifteen to twenty, inclusive, which has substantially influenced the action taken by any municipal agency in any particular matter shall be grounds for avoiding, rescinding or cancelling the action on such terms as the interest of the municipality and innocent third persons require.
(b) The state ethics commission, the district attorney for that district, or the city or town or state may bring a civil action against any person who has acted to his economic advantage in violation of said sections two, three, eight and fifteen to twenty, inclusive, and may recover damages for the city or town in the amount of such economic advantage or five hundred dollars, whichever is greater. If there has been no final criminal judgment of conviction or acquittal of the same violation, the state ethics commission, the district attorney or the city or town or state may in the discretion of the court recover additional damages for the city or town in an amount not exceeding twice the amount of the economic recovery or five hundred dollars, whichever is greater, and a judgment for such damages shall bar any criminal prosecution for the same violation.
restrictions on appointments to certain positions Section 21A. 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.
undated resignations prohibited Section 21B. 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.
or town counsel Section 22. 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.
Section 23. (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) use or attempt to use his official position to secure for himself 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.
(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) Upon qualification for office following an appointment or election to a municipal agency, such appointed or elected person shall be furnished by the city or town clerk with a copy of this section. Each such person shall sign a written acknowledgement that he has been provided with such copy.
learning; prohibited positions Section 23A. 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.
inspection Section 24. 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.
misconduct in office; notice; compensation and fringe benefits; temporary replacements; reinstatement Section 25. 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.
to be performed; corruption of witnesses; solicitation of gifts Section 3. (a) Whoever 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, 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(b) Whoever, 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 for himself for or because of any official act or act within his official responsibility performed or to be performed by him; or(c) Whoever, 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, 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 three thousand dollars or by imprisonment for not more than two years, or both.
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.
request; acting as agent or attorney for other than state; legislators; special state employees Section 4. (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 three thousand dollars or by imprisonment for not more than two years, or both.
A member of the general court shall not be subject to paragraphs (a) or (c). However, no member of the general court shall personally appear for any compensation other than his legislative 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.
receiving compensation; partners of state employees or legislators Section 5. (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(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 agent, as defined in section thirty-nine of chapter three, for anyone other than the commonwealth or a state agency before the governmental body 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 three thousand dollars or by imprisonment for not more than two years, or both.
If a partner of a member of the general court or of a special state employee or of a former state employee is also a member of another partnership in which the member of the general court or special or former employee has no interest, the activities of the latter partnership in which the member of the general court or special or former employee takes no part shall not thereby be subject to clause (c) or (d).
This section shall not prevent a present or former special state employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the commonwealth; provided, that the head of the special state employee’s department or agency has certified in writing that the interest of the commonwealth requires such aid or assistance and the certification has been filed with the state ethics commission.
or associates; disclosure Section 6. (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 three thousand dollars or by imprisonment for not more than two years, or both.
Any state employee whose duties would otherwise require him to participate in such a particular matter shall advise the official responsible for appointment to his position and the state ethics commission of the nature and circumstances of the particular matter and make full disclosure of such financial interest, and the appointing official shall thereupon either(1) assign the particular matter to another employee; or(2) assume responsibility for the particular matter; or(3) make a written determination that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the commonwealth may expect from the employee, in which case it shall not be a violation for the employee to participate in the particular matter. Copies of such written determination shall be forwarded to the state employee and filed with the state ethics commission by the person who made the determination. Such copy shall be retained by the commission for a period of six years.
[There is no subsection (b).
] reporting requirement Section 6A. 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.
application of section Section 7. 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 three thousand dollars or by imprisonment for not more than two years, or both.
This section shall not apply if such financial interest consists of the ownership of less than one per cent of the stock of a corporation.
This section shall not apply (a) to a state employee who in good faith and within thirty days after he learns of an actual or prospective violation of this section makes full disclosure of his financial interest to the contracting agency and terminates or disposes of the interest, or (b) to a state employee other than a member of the general court who is not employed by the contracting agency or an agency which regulates the activities of the contracting agency and who does not participate in or have official responsibility for any of the activities of the contracting agency, if the contract is made after public notice or where applicable, through competitive bidding, and if the state employee files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family in the contract, and if in the case of a contract for personal services (1) the services will be provided outside the normal working hours of the state employee, (2) the services are not required as part of the state employee’s regular duties, the employee is compensated for not more than five hundred hours during a calendar year, and (3) the head of the contracting agency makes and files with the state ethics commission a written certification that no employee of that agency is available to perform those services as a part of their regular duties, or (c) to the interest of a member of the general court in a contract made by an agency other than the general court or either branch thereof, if his direct and indirect interests and those of his immediate family in the corporation or other commercial entity with which the contract is made do not in the aggregate amount to ten per cent of the total proprietary interests therein, and the contract is made through competitive bidding and he files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family or (d) to a special state employee who does not participate in or have official responsibility for any of the activities of the contracting agency and who files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family in the contract, or (e) to a special state employee who files with the state ethics commission a statement making full disclosure of his interest and the interests of his immediate family in the contract, if the governor with the advice and consent of the executive council exempts him.
This section shall not apply to a state employee who provides services or furnishes supplies, goods and materials to a recipient of public assistance, provided that such services or such supplies, goods and materials are provided in accordance with a schedule of charges promulgated by the department of transitional assistance or the division of health care policy and finance and provided, further, that such recipient has the right under law to choose and in fact does choose the person or firm that will provide such services or furnish such supplies, goods and materials.
This section shall not prohibit a state employee from teaching or performing other related duties in an educational institution of the commonwealth; provided, that such employee does not participate in, or have official responsibility for, the financial management of such educational institution; and provided, further, that such employee is so employed on a part-time basis. Such employee may be compensated for such services, notwithstanding the provisions of section twenty-one of chapter thirty.
This section shall not prohibit a state employee from being employed on a part-time basis by a facility operated or designed for the care of mentally ill or mentally retarded persons, public health, correctional facility or any other facility principally funded by the state which provides similar services and which operates on an uninterrupted and continuous basis; provided that such employee does not participate in, or have official responsibility for, the financial management of such facility, that he is compensated for such part-time employment for not more than four hours in any day in which he is otherwise compensated by the commonwealth, and at a rate which does not exceed that of a state employee classified in step one of job group XX of the general salary schedule contained in section forty-six of chapter thirty, and that the head of the facility makes and files with the state ethics commission a written certification that there is a critical need for the services of the employee. Such employee may be compensated for such services, notwithstanding the provisions of section twenty-one of chapter thirty.
This section shall not preclude an officer or employee of the Massachusetts Port Authority from eligibility for any residential sound insulation program administered by said Authority, provided that any such officer or employee has no responsibility for the administration of said program.
Section 8. 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 five thousand dollars or by imprisonment for not more than two years, or both.
prohibited appointments to other positions Section 8A. 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.
energy commission; prohibited lobbying activities Section 8B. No member of the department of telecommunications and energy commission, appointed pursuant to section 2 of chapter 25, 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.
civil action for damages Section 9. In addition to any other remedies provided by law, any violation of sections two to eight, inclusive, which has substantially influenced the action taken by any state agency in any particular matter, shall be grounds for avoiding, rescinding or cancelling the action on such terms as the interests of the commonwealth and innocent third persons require.
The state ethics commission may bring a civil action against any person who has acted to his economic advantage in violation of sections two to eight, inclusive, and may recover on behalf of the commonwealth damages in the amount of the economic advantage or five hundred dollars, whichever is greater. 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 state ethics commission may, in the discretion of the court, so recover additional damages in an amount not exceeding twice the amount of the economic advantage or five hundred dollars, and a judgment for such damages shall bar any criminal prosecution for the same violation.
Chapter 268B: Section 1. Definitions Section 1. As used in this chapter, unless the context requires otherwise,(a) “amount”, a category of value, rather than an exact dollar figure, as follows: greater than one thousand dollars but not more than five thousand dollars; greater than five thousand dollars but not more than ten thousand dollars; greater than ten thousand dollars but not more than twenty thousand dollars; greater than twenty thousand dollars but not more than forty thousand dollars; greater than forty thousand dollars but not more than sixty thousand dollars; greater than sixty thousand dollars but not more than one hundred thousand dollars; greater than one hundred thousand dollars;(b) “business” means 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;(c) “business with which he is associated” means 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 one percent 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;(d) “candidate for public office” means any individual who seeks nomination or election to public office, as defined by this chapter.
For the purposes of this chapter, 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;(e) “commission” means the state ethics commission established by section 2;(f) “equity” means any stock or similar ownership interest in a business;(g) “gift” means a payment, entertainment, subscription, advance, services or anything of value, unless consideration of equal or greater value is received; “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 person’s 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;(h) “governmental body” means any state or county agency, authority, board, bureau, commission, council, department, division, or other entity, including the general court and the courts of the commonwealth;(i) “immediate family” means a spouse and any dependent children residing in the reporting person’s household;(j) “income” means 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;(k) “legislative agent” means any person who for compensation or reward does any act to promote, oppose or influence legislation, or to promote, oppose or influence the governor’s approval or veto thereof or to influence the decision of any member of the executive branch where such decision concerns legislation or the adoption, defeat, or postponement of a standard, rate, rule or regulation pursuant thereto. The term shall include persons who, as any part of their regular and usual employment and not simply incidental thereto, attempt to promote, oppose or influence legislation or the governor’s approval or veto thereof, whether or not any compensation in addition to the salary for such employment is received for such services;(l) “Major policy making position” means: the executive or administrative head or heads of a governmental body; all members of the judiciary; any person whose salary equals or exceeds that of a state employee classified in step one of job group XXV of the general salary schedule contained in section forty-six of chapter thirty 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;(m) “person” means a business, individual, corporation, union, association, firm, partnership, committee, or other organization or group of persons.
(n) “political contribution” means 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 said 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; but shall not include the rendering of services by speakers, editors, writers, poll watchers, poll checkers or others, nor the payment by those rendering such services of such personal expenses as may be incidental thereto, nor the exercise of ordinary hospitality;(o) “Public employee” means any person who holds a major policymaking position in a governmental body; provided, however, that any 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, however, that the members of the board of bar examiners shall not be considered public employees for the purposes of this chapter;(p) “public office” means any 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;(q) “public official” means anyone who holds a public office, as defined by clause (p) of this section;(r) “reporting person” means any person required to file a statement of financial interest pursuant to the provisions of section five.
Chapter 268B: Section 2. State ethics commission Section 2. (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.
Chapter 268B: Section 3. Powers and duties of the commission Section 3. 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.
Chapter 268B: Section 4. Investigations by the commission Section 4. (a) Upon receipt of a sworn complaint signed under pains and 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 two hundred and sixty-eight A or this chapter. At the beginning of a preliminary inquiry into any such alleged violation, the general counsel shall notify the attorney general of such action. All commission proceedings and records relating to a preliminary inquiry or initial staff review 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 thirty 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.
(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. Any justice of the superior court may, upon application by the commission, in his discretion issue an order requiring the attendance of witnesses summoned as aforesaid and the giving of testimony or the production of books, papers and other records before the commission in furtherance of any investigation pursuant to the provisions of this chapter or said chapter two hundred and sixty-eight A.
(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 two thousand dollars for each violation of this chapter or said chapter two hundred and sixty-eight A.
The commission may file a civil action in superior court to enforce such order.
(k) Any final action by the commission made pursuant to this chapter 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 twenty thousand dollars 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.
Chapter 268B: Section 5. Statements of financial interests Section 5. (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 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.
Chapter 268B: Section 6. Gifts from legislative agents Section 6. No legislative agent shall knowingly and wilfully offer or give to a 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 wilfully solicit or accept from any legislative agent, gifts with an aggregate value of one hundred dollars or more in a calendar year.
Chapter 268B: Section 7. Penalties for violation of confidentiality and for perjury Section 7. 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 files a false statement of financial interests under section five of this chapter 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 in a house of correction for not more than two and one-half years, or both.
Chapter 268B: Section 8. Retribution for engaging in commission proceedings Section 8. No officer or employee of the commonwealth or of any county, city or town shall discharge an officer or employee, or change his official rank, grade or compensation, or deny him a promotion, or threaten so to do, for filing a complaint with or providing information to the commission or testifying in any commission proceeding.
arresting persons Section 1. If five or more persons, being armed with clubs or other dangerous weapons, or if ten or more persons, whether armed or not, are unlawfully, riotously or tumultuously assembled in a city or town, the mayor and each of the aldermen of such city, each of the selectmen of such town, every justice of the peace living in any such city or town, any member of the city, town, or state police and the sheriff of the county and his deputies shall go among the persons so assembled, or as near to them as may be with safety, and in the name of the commonwealth command all persons so assembled immediately and peaceably to disperse; and if they do not thereupon immediately and peaceably disperse, each of said magistrates and officers shall command the assistance of all persons there present in suppressing such riot or unlawful assembly and arresting such persons. For the purposes of this section, the University of Massachusetts at Amherst shall be considered to be a town.
machine gun or sawed-off shotguns; possession of large capacity weapon or large capacity feeding device; punishment Section 10. (a) Whoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either:(1) being present in or on his residence or place of business; or(2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or(3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or(4) having complied with the provisions of sections one hundred and twenty-nine C and one hundred and thirty-one G of chapter one hundred and forty; or(5) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B; and whoever knowingly has in his possession; or knowingly has under control in a vehicle; a rifle or shotgun, loaded or unloaded, without either:(1) being present in or on his residence or place of business; or(2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or(3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or(4) having in effect a firearms identification card issued under section one hundred and twenty-nine B of chapter one hundred and forty; or(5) having complied with the requirements imposed by section one hundred and twenty-nine C of chapter one hundred and forty upon ownership or possession of rifles and shotguns; or(6) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B; shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than one year nor more than two and one-half years in a jail or house of correction. The sentence imposed on such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 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, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; or to obtain emergency medical or psychiatric service unavailable at said institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file.
No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section.
The provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person seventeen years of age or older, charged with a violation of this subsection, or to any child between ages fourteen and seventeen so charged, if the court is of the opinion that the interests of the public require that he should be tried as an adult for such offense instead of being dealt with as a child.
The provisions of this subsection shall not affect the licensing requirements of section one hundred and twenty-nine C of chapter one hundred and forty which require every person not otherwise duly licensed or exempted to have been issued a firearms identification card in order to possess a firearm, rifle or shotgun in his residence or place of business.
(b) Whoever, except as provided by law, carries on his person, or carries on his person or under his control in a vehicle, any stiletto, dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife, or any knife with a detachable blade capable of being propelled by any mechanism, dirk knife, any knife having a double-edged blade, or a switch knife, or any knife having an automatic spring release device by which the blade is released from the handle, having a blade of over one and one-half inches, or a slung shot, blowgun, blackjack, metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles, nunchaku, zoobow, also known as klackers or kung fu sticks, or any similar weapon consisting of two sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather, a shuriken or any similar pointed starlike object intended to injure a person when thrown, or any armband, made with leather which has metallic spikes, points or studs or any similar device made from any other substance or a cestus or similar material weighted with metal or other substance and worn on the hand, or a manrikigusari or similar length of chain having weighted ends; or whoever, when arrested upon a warrant for an alleged crime, or when arrested while committing a breach or disturbance of the public peace, is armed with or has on his person, or has on his person or under his control in a vehicle, a billy or other dangerous weapon other than those herein mentioned and those mentioned in paragraph (a), shall be punished by imprisonment for not less than two and one-half years nor more than five years in the state prison, or for not less than six months nor more than two and one-half years in a jail or house of correction, except that, if the court finds that the defendant has not been previously convicted of a felony, he may be punished by a fine of not more than fifty dollars or by imprisonment for not more than two and one-half years in a jail or house of correction.
(c) Whoever, except as provided by law, possesses a machine gun, as defined in section one hundred and twenty-one of chapter one hundred and forty, without permission under section one hundred and thirty-one of said chapter one hundred and forty; or whoever owns, possesses or carries on his person, or carries on his person or under his control in a vehicle, a sawed-off shotgun, as defined in said section one hundred and twenty-one of said chapter one hundred and forty, shall be punished by imprisonment in the state prison for life, or for any term of years provided that any sentence imposed under the provisions of this paragraph shall be subject to the minimum requirements of paragraph (a).
(d) Whoever, after having been convicted of any of the offenses set forth in paragraph (a), (b) or (c) commits a like offense or any other of the said offenses, shall be punished by imprisonment in the state prison for not less than five years nor more than seven years; for a third such offense, by imprisonment in the state prison for not less than seven years nor more than ten years; and for a fourth such offense, by imprisonment in the state prison for not less than ten years nor more than fifteen years. The sentence imposed upon a person, who after a conviction of an offense under paragraph (a), (b) or (c) commits the same or a like offense, shall not be suspended, nor shall any person so sentenced be eligible for probation or receive any deduction from his sentence for good conduct.
(e) Upon conviction of a violation of this section, the firearm or other article shall, unless otherwise ordered by the court, be confiscated by the commonwealth. The firearm or article so confiscated shall, by the authority of the written order of the court be forwarded by common carrier to the colonel of the state police, who, upon receipt of the same, shall notify said court or justice thereof. Said colonel may sell or destroy the same, except that any firearm which may not be lawfully sold in the commonwealth shall be destroyed, and in the case of a sale, after paying the cost of forwarding the article, shall pay over the net proceeds to the commonwealth.
(f) The court shall, if the firearm or other article was lost by or stolen from the person lawfully in possession of it, order its return to such person.
(g) Whoever, within this commonwealth, produces for sale, delivers or causes to be delivered, orders for delivery, sells or offers for sale, or fails to keep records regarding, any rifle or shotgun without complying with the requirement of a serial number, as provided in section one hundred and twenty-nine B of chapter one hundred and forty, shall for the first offense be punished by confinement in a jail or house of correction for not more than two and one-half years, or by a fine of not more than five hundred dollars.
(h) Whoever owns, possesses or transfers possession of a firearm, rifle, shotgun or ammunition without complying with the requirements relating to firearm identification cards as provided in section 129C of chapter 140 shall be punished by imprisonment in a jail or house of correction for not more than two years or by a fine of not more than $500. A second violation of this paragraph shall be punished by imprisonment in a jail or house of correction for not more than two years or by a fine of not more than $1,000 or both. A person committing a violation of this subsection may be arrested without a warrant by any officer authorized to make arrests.
(i) Whoever knowingly fails to deliver or surrender a revoked or suspended license to carry or possess firearms or machine guns issued under the provisions of section one hundred and thirty-one or one hundred and thirty-one F of chapter one hundred and forty, or firearm identification card, or receipt for the fee for such card, or a firearm, rifle, shotgun or machine gun, as provided in section one hundred and twenty-nine D of chapter one hundred and forty, unless an appeal is pending, shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars.
(j) Whoever, not being a law enforcement officer, and notwithstanding any license obtained by him under the provisions of chapter one hundred and forty, carries on his person a firearm as hereinafter defined, loaded or unloaded or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college or university without the written authorization of the board or officer in charge of such elementary or secondary school, college or university shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. For the purpose of this paragraph, “firearm” shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged by whatever means.
Any officer in charge of an elementary or secondary school, college or university or any faculty member or administrative officer of an elementary or secondary school, college or university failing to report violations of this paragraph shall be guilty of a misdemeanor and punished by a fine of not more than five hundred dollars.
[There is no paragraph (k).
] (l) The provisions of this section shall be fully applicable to any person proceeded against under section seventy-five of chapter one hundred and nineteen and convicted under section eighty-three of chapter one hundred and nineteen, provided, however, that nothing contained in this section shall impair, impede, or affect the power granted any court by chapter one hundred and nineteen to adjudicate a person a delinquent child, including the power so granted under section eighty-three of said chapter one hundred and nineteen.
(m) Notwithstanding the provisions of paragraph (a) or (h), any person not exempted by statute who knowingly has in his possession, or knowingly has under his control in a vehicle, a large capacity weapon or large capacity feeding device therefor who does not possess a valid Class A or Class B license to carry firearms issued under section 131 or 131F of chapter 140, except as permitted or otherwise provided under this section or chapter 140, shall be punished by imprisonment in a state prison for not less than two and one-half years nor more than ten years. The possession of a valid firearm identification card issued under section 129B shall not be a defense for a violation of this subsection; provided, however, that any such person charged with violating this paragraph and holding a valid firearm identification card shall not be subject to any mandatory minimum sentence imposed by this paragraph. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served such minimum term of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this section.
The provisions of this paragraph shall not apply to the possession of a large capacity weapon or large capacity feeding device by (i) any officer, agent or employee of the commonwealth or any other state or the United States, including any federal, state or local law enforcement personnel; (ii) any member of the military or other service of any state or the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; (iv) any federal, state or local historical society, museum or institutional collection open to the public; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to acquire, possess or carry a large capacity semiautomatic weapon and is acting within the scope of his duties; or (v) any gunsmith duly licensed under the applicable federal law.
confiscation and destruction Section 10A. Any person, other than a federally licensed firearms manufacturer, an authorized agent of the municipal police training committee, or a duly authorized sworn law enforcement officer while acting within the scope of official duties and under the direct authorization of the police chief or his designee, or the colonel of the state police, who sells or keeps for sale, or offers, or gives or disposes of by any means other than submitting to an authorized law enforcement agency, or uses or possesses any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearm shall be punished by imprisonment for not more than five years in state prison or for not more than two and one-half years in a jail or house of correction. Nothing contained herein shall be construed to prohibit a federally licensed firearms manufacturer from selling such instrument, attachment, weapon or appliance to authorized law enforcement agencies for law enforcement purposes or to the municipal police training committee for law enforcement training. Upon conviction of a violation of this section, the instrument, attachment or other article shall be confiscated by the commonwealth and forwarded, by the authority of the written order of the court, to the colonel of the state police, who shall destroy said article.
Section 10C. Whoever uses tear gas cartridges, or any device or instrument which contains a liquid, gas, powder, or any other substance designed to incapacitate for the purpose of committing a crime shall be punished by imprisonment in the state prison for not more than seven years.
Section 10D. Whoever, while in the commission or attempted commission of a felony, uses or wears any body armor, so-called, or any protective covering for the body or any parts thereof, made of resin-treated glass-fiber cloth, or of any other material or combination of materials, designed to prevent, deflect or deter the penetration thereof by ammunition, knives or other weapons, shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years or for not less than one year nor more than two and one-half years in a jail or house of correction.
penalties; eligibility for probation, parole, furlough or work release Section 10E. Whoever, except as provided by law, in a single transaction or occurrence or in a series of transactions within a twelve month period, knowingly or intentionally distributes, sells, or transfers possession of a quantity of firearms, rifles, shotguns, machine guns, or any combination thereof, shall, if the quantity of firearms, rifles, shotguns, machine guns, or any combination thereof is:(1) Three or more, but less than ten, be punished by a term of imprisonment of not more than ten years in the state prison. No sentence imposed under the provisions of this paragraph shall be for less than a mandatory minimum term of imprisonment of three years and a fine of not more than fifty thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.
(2) Ten or more, but less than twenty, be punished by a term of imprisonment of not more than ten years in the state prison. No sentence imposed under the provisions of this paragraph shall be for less than a mandatory minimum term of imprisonment of five years and a fine of not more than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.
(3) Twenty or more, be punished by a term of imprisonment not less than ten years up to life imprisonment in the state prison. No sentence imposed under the provisions of this paragraph shall be for less than a mandatory minimum term of imprisonment of ten years and a fine of not more than one hundred and fifty thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.
A prosecution commenced under this section shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of said section shall not be reduced to less than the mandatory minimum term of imprisonment as established in said section, nor shall any sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory minimum term of imprisonment.
A person convicted of violating any provision of this section shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release, or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of corrections may, on the recommendation of the warden, superintendent, or other person in charge of the correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes: to attend the funeral of a relative, to visit a critically ill relative, or to obtain emergency medical or psychiatric services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person, seventeen years of age or over, charged with a violation of said sections, or to any child between the age of fourteen and seventeen, so charged, if the court is of the opinion that the interests of the public require that he shall be tried for such offense instead of being dealt with as a child.
capacity weapons or large capacity feeding devices; punishment Section 10F. (a) Any person who sells, keeps for sale, or offers or exposes for sale, gives or otherwise transfers any large capacity weapon or large capacity feeding device, both as defined in section 121 of chapter 140, to a person 18 years of age or over, except as permitted under this section or chapter 140, shall be punished by imprisonment in a state prison for not less than two and one-half years nor more than ten years. Any person who commits a second or subsequent such crime shall be punished by imprisonment in a state prison for not less than five years nor more than 15 years. The sentence imposed upon such person shall not be reduced to less than two and one-half years for a first offense, nor less than five years for a second or subsequent such offense, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served such minimum term of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this subsection.
(b) Any person who transfers, sells, lends or gives a large capacity weapon or large capacity feeding device to a person under the age of 18, except as permitted under the provisions of chapter 140, shall be punished by imprisonment in a state prison for not less than five nor more than 15 years. The sentence imposed upon such person shall not be reduced to less than five years, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he has served five years of such sentence; provided, however, that the commissioner of corrections may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this subsection.
of liquor, marijuana, narcotic drugs, depressants or stimulant substances; punishment Section 10H. Whoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140, carries on his person, or has under his control in a vehicle, a loaded firearm, as defined in section 121 of said chapter 140, while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or the vapors of glue shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.
Section 11. The state secretary shall, annually, cause to be printed, in English and in such other languages as he may deem necessary, and in large letters so as to be easily read, for use as a poster, section one hundred and thirty-one of chapter one hundred and forty and sections ten, twelve B, and fourteen of this chapter. Sufficient copies of the said posters shall be sent to the clerks and to the superintendents of schools in all cities and towns for their use as herein provided. The city or town clerks shall cause posters received by them to be displayed in such places as they may select, and in such numbers, according to the population of the city or town, as its clerk may deem expedient. The superintendents of schools shall cause the posters received by them to be distributed among the schools within their jurisdiction, and in such numbers as they may deem necessary. The cost of preparing and printing the posters and of distributing them to the various cities and towns shall be paid by the commonwealth, and the cost of placing or affixing them in each city or town shall be paid by that city or town.
Chapter 269: Section 11A. Definitions Section 11A. For the purposes of this section and sections eleven B, eleven C and eleven D, the following words shall have the following meanings:—“Firearm”, a firearm as defined in section one hundred and twenty-one of chapter one hundred and forty, or a rifle or shotgun.
“Serial number”, the number stamped or placed upon a firearm by the manufacturer in the original process of manufacture.
“Identification number”, the number stamped or placed upon a firearm by the colonel of the state police under authority of section eleven D.
Chapter 269: Section 11B. Possession or control of firearm with serial or identification number removed or mutilated, while committing or attempting a felony; destruction Section 11B. Whoever, while in the commission or attempted commission of a felony, has in his possession or under his control a firearm the serial number or identification number of which has been removed, defaced, altered, obliterated or mutilated in any manner shall be punished by imprisonment in the state prison for not less than two and one half nor more than five years, or in a jail or house of correction for not less than six months nor more than two and one half years. Upon a conviction of a violation of this section, said firearm or other article, by the authority of the written order of the court, shall be forwarded to the colonel of the state police, who shall cause said weapon to be destroyed.
Chapter 269: Section 11C. Removal or mutilation of serial or identification numbers of firearms; receiving such firearm; destruction Section 11C. Whoever, by himself or another, removes, defaces, alters, obliterates or mutilates in any manner the serial number or identification number of a firearm, or in any way participates therein, and whoever receives a firearm with knowledge that its serial number or identification number has been removed, defaced, altered, obliterated or mutilated in any manner, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not less than one month nor more than two and one half years. Possession or control of a firearm the serial number or identification number of which has been removed, defaced, altered, obliterated or mutilated in any manner shall be prima facie evidence that the person having such possession or control is guilty of a violation of this section; but such prima facie evidence may be rebutted by evidence that such person had no knowledge whatever that such number had been removed, defaced, altered, obliterated or mutilated, or by evidence that he had no guilty knowledge thereof. Upon a conviction of a violation of this section said firearm or other article shall be forwarded, by the authority of the written order of the court, to the colonel of the state police, who shall cause said firearm or other article to be destroyed.
Chapter 269: Section 11D. Repealed, 1957, 688, Sec. 29 Chapter 269: Section 11E. Serial identification numbers on firearms Section 11E. All firearms, rifles and shotguns of new manufacture, manufactured or delivered to any licensed dealer within the commonwealth shall bear serial numbers permanently inscribed on a visible metal area of said firearm, rifle or shotgun, and the manufacturer of said firearm, rifle or shotgun shall keep records of said serial numbers and the dealer, distributor or person to whom the firearm, rifle or shotgun was sold or delivered.
No licensed dealer shall order for delivery, cause to be delivered, offer for sale or sell within the commonwealth any newly manufactured firearm, rifle or shotgun received directly from a manufacturer, wholesaler or distributor not so inscribed with a serial number nor shall any licensed manufacturer or distributor of firearms, rifles or shotguns deliver or cause to be delivered within the commonwealth any firearm, rifle or shotgun not complying with this section.
No licensed manufacturer within the commonwealth shall produce for sale within the United States, its territories or possessions any firearm, rifle or shotgun not complying with paragraph one of this section. Whoever violates this section shall be punished by a fine of five hundred dollars. Each such violation shall constitute a separate offense.
Chapter 269: Section 12. Manufacturing and selling knives, slung shots, swords, bludgeons and similar weapons Section 12. Whoever manufactures or causes to be manufactured, or sells or exposes for sale, an instrument or weapon of the kind usually known as a dirk knife, a switch knife or any knife having an automatic spring release device by which the blade is released from the handle, having a blade of over one and one-half inches or a device or case which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife, or any knife with a detachable blade capable of being propelled by any mechanism, slung shot, sling shot, bean blower, sword cane, pistol cane, bludgeon, blackjack, nunchaku, zoobow, also known as klackers or kung fu sticks, or any similar weapon consisting of two sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather, a shuriken or any similar pointed starlike object intended to injure a person when thrown, or a manrikigusari or similar length of chain having weighted ends; or metallic knuckles or knuckles of any other substance which could be put to the same use and with the same or similar effect as metallic knuckles, shall be punished by a fine of not less than fifty nor more than one thousand dollars or by imprisonment for not more than six months; provided, however, that sling shots may be manufactured and sold to clubs or associations conducting sporting events where such sling shots are used.
Chapter 269: Section 12A. Air rifles; sale to minors Section 12A. Whoever sells to a minor under the age of eighteen or whoever, not being the parent, guardian or adult teacher or instructor, furnishes to a minor under the age of eighteen an air rifle or so-called BB gun, shall be punished by a fine of not less than fifty nor more than two hundred dollars or by imprisonment for not more than six months.
Chapter 269: Section 12B. Air rifles; possession by minors; shooting Section 12B. No minor under the age of eighteen shall have an air rifle or so-called BB gun in his possession while in any place to which the public has a right of access unless he is accompanied by an adult or unless he is the holder of a sporting or hunting license and has on his person a permit from the chief of police of the town in which he resides granting him the right of such possession. No person shall discharge a BB shot, pellet or other object from an air rifle or so-called BB gun into, from or across any street, alley, public way or railroad or railway right of way, and no minor under the age of eighteen shall discharge a BB shot, pellet or other object from an air rifle or BB gun unless he is accompanied by an adult or is the holder of a sporting or hunting license. Whoever violates this section shall be punished by a fine of not more than one hundred dollars, and the air rifle or BB gun or other weapon shall be confiscated. Upon a conviction of a violation of this section the air rifle or BB gun or other weapon shall, by the written authority of the court, be forwarded to the colonel of the state police, who may dispose of said article in the same manner as prescribed in section ten.
Chapter 269: Section 12C. Repealed, 1957, 688, Sec. 32 Chapter 269: Section 12D. Rifle or shotgun loaded with shells or cartridges; unloaded rifle or shotgun; carrying on public way prohibited; exceptions; punishment Section 12D. (a) Except as exempted or provided by law, no person shall carry on his person on any public way a loaded rifle or shotgun having cartridges or shells in either the magazine or chamber thereof. For purposes of this section, “loaded shotgun or loaded rifle” shall mean any shotgun or rifle having ammunition in either the magazine or chamber thereof, such ammunition including a live cartridge, primer (igniter), bullet or propellant powder designed for use in any firearm, rifle or shotgun and, in the case of a muzzle loading or black powder shotgun or rifle, so-called, a shotgun or rifle containing powder in the flash pan or in the bore or chamber or containing a percussion cap, shot or ball; provided, however, that “loaded shotgun or loaded rifle” shall not include a shotgun or rifle loaded with a blank cartridge, so-called, which contains no projectile within such blank or within the bore or chamber of such shotgun or rifle.
Whoever violates the provisions of this subsection shall be punished by a fine of not less than $500 nor more than $5,000 or by imprisonment in the house of correction for not more than two years, or by both such fine and imprisonment, and may be arrested without a warrant; provided, however, that if such rifle or shotgun is a large capacity weapon, as defined in section 121 of chapter 140, such person shall be punished by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and may be arrested without a warrant.
(b) Except as exempted or provided by law, no person shall carry on his person on any public way an unloaded rifle or shotgun, unless such rifle or shotgun is enclosed in a case.
Whoever violates the provisions of this subsection shall be punished by a fine of not less than $100 nor more than $1,000, and may be arrested without a warrant; provided, however, that if such unloaded rifle or shotgun is a large capacity weapon and is carried simultaneously with a fully or partially loaded large capacity feeding device, such person shall be punished by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and may be arrested without a warrant.
This subsection shall not apply to drills, parades, military reenactments or other commemorative ceremonies, color guards or memorial service firing squads, so-called, as permitted by law.
(c) Upon a conviction of a violation of any provision of this section, such rifle or shotgun shall be confiscated by the commonwealth and, upon written order of the court, such weapon shall be forwarded to the colonel of the state police, who may dispose of such weapon in the manner prescribed in section 10.
(d) The provisions of this section shall not apply to the carrying of a loaded or unloaded rifle or shotgun on a public way by (i) any officer, agent or employee of the commonwealth or any other state or the United States, including any federal, state or local law enforcement personnel; (ii) any member of the military or other service of any state or the United States, including members of the national guard, reserves and junior reserve officer training corps; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; provided, however, that any such person described in clauses (i) to (iii), inclusive, shall be authorized by a competent authority to so carry a loaded or unloaded rifle or shotgun on a public way and such person is acting within the scope of his duties or training; or (iv) a person who is lawfully engaged in hunting and is the holder of a valid hunting or sporting license issued pursuant to chapter 131. This section shall not apply to the operation of a shooting gallery, licensed and defined under the provisions of section 56A of chapter 140, nor to persons using the same.
Chapter 269: Section 12E. Discharge of a firearm within 500 feet of a dwelling or other building in use; exceptions Section 12E. Whoever discharges a firearm as defined in section one hundred and twenty-one of chapter one hundred and forty, a rifle or shotgun within five hundred feet of a dwelling or other building in use, except with the consent of the owner or legal occupant thereof, shall be punished by a fine of not less than fifty nor more than one hundred dollars or by imprisonment in a jail or house of correction for not more than three months, or both. The provisions of this section shall not apply to (a) the lawful defense of life and property; (b) any law enforcement officer acting in the discharge of his duties; (c) persons using underground or indoor target or test ranges with the consent of the owner or legal occupant thereof; (d) persons using outdoor skeet, trap, target or test ranges with the consent of the owner or legal occupant of the land on which the range is established; (e) persons using shooting galleries, licensed and defined under the provisions of section fifty-six A of chapter one hundred and forty; and (f) the discharge of blank cartridges for theatrical, athletic, ceremonial, firing squad, or other purposes in accordance with section thirty-nine of chapter one hundred and forty-eight.
Chapter 269: Section 12F. Airport secure areas; possession or placement of a cutting device or prohibited weapon; punishment Section 12F. (a) For the purposes of this section, the following words shall have the following meanings:—“Airplane”, an aircraft operated by an air carrier holding a certificate issued under 49 U.
S.
C. 41101 or any aircraft ordinarily used to transport passengers or cargo for hire.
“Cutting device”, any knife, cutlery, straight razor, box cutter or other device containing a fixed, folding or retractable blade, which is not included in the list of weapons set forth in paragraph (b) of section 10.
“Prohibited weapon”, any infernal machine as defined in section 102A of chapter 266, any stun gun as defined in section 131J of chapter 140, any rifle, shotgun or firearm as defined in section 121 of chapter 140 or any weapon included in the list of weapons set forth in paragraph (b) of section 10.
“Secure area”, any area of an airport to which access is restricted through security measures by the airport authority or a public agency and the area beyond a passenger or property screening checkpoint at an airport.
“Airplane cabin”, any passenger or flight crew area within an airplane while the airplane is on the ground in the commonwealth or over the commonwealth.
(b) Whoever occupies, or attempts to enter or occupy, a secure area of an airport or the cabin of an airplane, knowingly having in his possession or in his control and knowingly concealing, a cutting device or a prohibited weapon, notwithstanding any license to possess such a weapon or device, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by imprisonment in the state prison for not more than 5 years or by a fine of not more than $5,000, or by both such fine and imprisonment.
(c) Whoever, with intent to commit a felony, occupies, or attempts to enter or occupy, a secure area of an airport or the cabin of an airplane knowingly having in his possession or in his control a cutting device or a prohibited weapon shall be punished by imprisonment in the house of correction for not more than 2 years or by imprisonment in the state prison for not more than 10 years or by a fine of not more than $10,000, or by both such fine and imprisonment.
(d) Whoever, with intent to commit a felony, places, attempts to place or attempts to have placed within a secure area of an airport or the cabin of an airplane, a prohibited weapon or cutting device, notwithstanding any license to possess such a weapon or device, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by imprisonment in the state prison for not more than 10 years or by a fine of not more than $10,000, or by both such fine and imprisonment.
(e) Whoever willfully and without regard for the safety of human life, or with reckless disregard for the safety of human life, violates subsection (b), (c) or (d) shall be punished by imprisonment in the state prison for not more than 20 years or by a fine of not more than $20,000, or by both such fine and imprisonment.
(f) This section shall not apply to:—(1) any law enforcement officer of a state or political subdivision of a state, an officer or employee of the United States government or United States military personnel authorized to carry prohibited weapons or cutting devices in an official capacity;(2) a duly licensed individual transporting an unloaded, lawful weapon or cutting device in baggage not accessible to a passenger in flight and, in the case of a lawful weapon, if the air carrier was informed of the presence of the weapon;(3) a cutting device, which is otherwise lawfully possessed, ordinarily used in the course of the holder’s employment, trade or occupation, while the holder is authorized to conduct such employment, trade or occupation within a secure area of an airport or airplane cabin.
Chapter 269: Section 13. False alarms of fire Section 13. Whoever, without reasonable cause, by outcry or the ringing of bells, or otherwise, makes or circulates or causes to be made or circulated a false alarm of fire shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in a jail or house of correction for not more than one year.
Chapter 269: Section 13A. False reports to police officers Section 13A. Whoever intentionally and knowingly makes or causes to be made a false report of a crime to police officers shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment in a jail or house of correction for not more than one year, or both.
Chapter 269: Section 14. Deadly weapons, explosives, chemical or biological agents, or other deadly device or substance; threatened use or presence; threat to hijack; disruption of school, public building or transport; punishment; restitution Section 14. (a) For the purposes of this section, the following words shall have the following meanings:—“Hijack”, to commandeer or to take control without authority.
“School”, any public or private preschool, headstart facility, elementary, vocational or secondary school, college or university.
“Serious bodily injury”, bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ, or substantial risk of death.
(b) Whoever willfully communicates or causes to be communicated, either directly or indirectly, orally, in writing, by mail, by use of a telephone or telecommunication device including, but not limited to, electronic mail, Internet communications and facsimile communications, through an electronic communication device or by any other means, a threat:—(1) that a firearm, rifle, shotgun, machine gun or assault weapon, as defined in section 121 of chapter 140, an explosive or incendiary device, a dangerous chemical or biological agent, a poison, a harmful radioactive substance or any other device, substance or item capable of causing death, serious bodily injury or substantial property damage, will be used at a place or location, or is present or will be present at a place or location, whether or not the same is in fact used or present; or(2) to hijack an aircraft, ship, or common carrier thereby causing anxiety, unrest, fear, or personal discomfort to any person or group of persons shall be punished by imprisonment in the state prison for not more than 20 years or imprisonment in the house of correction for not more than 21/2 years, or by fine of not more than $10,000, or by both such fine and imprisonment.
(c) Whoever willfully communicates or causes to be communicated such a threat thereby causing either the evacuation or serious disruption of a school, school related event, school transportation, or a dwelling, building, place of assembly, facility or public transport, or an aircraft, ship or common carrier, or willfully communicates or causes serious public inconvenience or alarm, shall be punished by imprisonment in the state prison for not less than 3 years nor more than 20 years or imprisonment in the house of correction for not less than 6 months nor more than 21/2 years, or by fine of not less than $1,000 nor more than $50,000, or by both such fine and imprisonment.
(d) The court shall, after conviction, conduct a hearing to ascertain the extent of costs incurred, damages and financial loss suffered by an individual, public or private entity and the amount of property damage caused as a result of the defendant’s crime. A person found guilty of violating this section shall, in all cases, in addition to any other punishment, be ordered to make restitution to the individual, public or private entity for any costs incurred, damages and financial loss sustained as a result of the commission of the crime. Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof, however, the court shall consider the defendant’s present and future ability to pay in its determinations regarding a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.
(e) Nothing in this section shall authorize the criminal prosecution of picketing, public demonstrations or other similar forms of expressing views.
Chapter 269: Section 14A. Annoying telephone calls Section 14A. Whoever telephones another person, or causes any person to be telephoned, repeatedly, for the sole purpose of harassing, annoying or molesting such person or his family, whether or not conversation ensues, or whoever telephones a person repeatedly, and uses indecent or obscene language to such person, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than three months, or both.
Chapter 269: Section 15. Stink bombs; sale Section 15. Whoever sells or offers for sale a stink bomb shall be punished by a fine of not less than ten nor more than two hundred dollars. As used in this section the words “stink bomb” shall mean a small bomb that gives off a foul odor on bursting or any compound or device prepared for the primary purpose of generating a foul odor and sold or offered for sale for such purpose.
Chapter 269: Section 16. Arrowheads used for hunting; sale Section 16. Whoever sells or offers for sale devices known as broadheads, razorheads, or any other arrowhead used exclusively for hunting purposes to any person under fifteen years of age shall be punished by a fine of one hundred dollars upon conviction of the first offense, five hundred dollars upon conviction of the second offense, and one thousand dollars and not less than six months nor more than one year in a house of correction for the third and subsequent offenses.
Chapter 269: Section 17. Hazing; organizing or participating; hazing defined Section 17. Whoever is a principal organizer or participant in the crime of hazing, as defined herein, shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year, or both such fine and imprisonment.
The term “hazing” as used in this section and in sections eighteen and nineteen, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which wilfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.
Notwithstanding any other provisions of this section to the contrary, consent shall not be available as a defense to any prosecution under this action.
Chapter 269: Section 18. Failure to report hazing Section 18. Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars.
Chapter 269: Section 19. Copy of Secs. 17 to 19; issuance to students and student groups, teams and organizations; report Section 19. Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group, student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group, student team or student organization, a copy of this section and sections seventeen and eighteen; provided, however, that an institution’s compliance with this section’s requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams or organizations shall not constitute evidence of the institution’s recognition or endorsement of said unaffiliated student groups, teams or organizations.
Each such group, team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members, plebes, pledges or applicants for membership. It shall be the duty of each such group, team or organization, acting through its designated officer, to deliver annually, to the institution an attested acknowledgement stating that such group, team or organization has received a copy of this section and said sections seventeen and eighteen, that each of its members, plebes, pledges, or applicants has received a copy of sections seventeen and eighteen, and that such group, team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen.
Each institution of secondary education and each public or private institution of post secondary education shall, at least annually, before or at the start of enrollment, deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen.
Each institution of secondary education and each public or private institution of post secondary education shall file, at least annually, a report with the board of higher education and in the case of secondary institutions, the board of education, certifying that such institution has complied with its responsibility to inform student groups, teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing, and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institution’s policies to its students. The board of higher education and, in the case of secondary institutions, the board of education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution which fails to make such report.
suppressing assembly or in arresting persons Section 2. Whoever, being present and being so commanded to assist in arresting such rioters or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, refuses or neglects to obey such command, or, if required by such magistrate or officer to depart from the place, refuses or neglects so to do, shall be considered one of the rioters or persons unlawfully assembled, and shall be punished by imprisonment for not more than one year or by a fine of not less than one hundred dollars or more than five hundred dollars, or both.
suppress assembly Section 3. A mayor, alderman, selectman, justice of the peace, sheriff or deputy sheriff who, having notice of any such riotous or tumultuous and unlawful assembly in the city or town where he lives, neglects or refuses immediately to proceed to the place of such assembly, or as near thereto as he can with safety, or omits or neglects to exercise the authority conferred upon him by this chapter for suppressing such assembly and for arresting the offenders, shall be punished by a fine of not more than three hundred dollars.
assembly; seizure of persons Section 4. If any persons who are so riotously or unlawfully assembled, and who have been commanded to disperse, as before provided, refuse or neglect to disperse without unnecessary delay, any two of the magistrates or officers before mentioned may require the aid of a sufficient number of persons, in arms or otherwise as may be necessary, and shall proceed, in such manner as they deem expedient, forthwith to disperse and suppress such assembly, and seize and secure the persons composing the same, so that they may be proceeded with according to law.
and dispersing and arresting persons Section 5. When an armed force, called out under chapter thirty-three to suppress a tumult or riot, or to disperse a body of men acting together by force and with intent to commit a felony, or to offer violence to persons or property, or with intent by force or violence to resist or oppose the execution of the laws of the commonwealth, arrives at the place of such unlawful, riotous or tumultuous assembly, its members shall obey such orders for suppressing the riot or tumult, and for dispersing and arresting all persons who are committing any of said offences, as they have received from the governor, or a judge of a court of record, or the sheriff of the county, and also such orders as they there receive from any two of the magistrates or officers before mentioned.
assembly; guilt and responsibility Section 6. If, by reason of the efforts made by any two or more of said magistrates or officers or by their direction to disperse such assembly, or to seize and secure the persons composing the same who have refused to disperse, though the number remaining may be less than five, any such person or any other person then present is killed or wounded, the magistrates and officers, and all persons acting by their order or under their direction, and all persons acting under the two preceding sections, shall be held guiltless, and fully justified in law; and if any of said magistrates or officers, or any person acting under or by the direction of any of the officers before mentioned, is killed or wounded, all persons so assembled, and all other persons who, when commanded or required, refused to aid and assist said magistrates or officers, shall be held answerable therefor.
unlawfully assembled Section 7. If any of the persons so unlawfully assembled demolishes, pulls down or destroys, or begins to demolish, pull down or destroy, a dwelling house or other building, or a ship or vessel, he shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two years, and shall also be liable in tort to any person for all damages sustained by him thereby.
riotously assembled; liability of town Section 8. If property of the value of fifty dollars or more is destroyed or if property is damaged to that amount or to a value in excess thereof by fifteen or more persons who are riotously or tumultuously assembled and provided that the activities of such riotous or tumultuous group are observed and reported to the police during the period that such activities are occurring, the town within which the property was situated shall, if the owner of such property uses all reasonable diligence to prevent said destruction or damage and to procure the conviction of the offenders, be liable to indemnify the owner thereof in tort to the amount of three-fourth’s of the value of the property destroyed or of the amount of such damage thereto, and may recover the same against any or all of the persons who so destroyed or damaged such property.
Section 1. Whoever, for the purpose of sale, adulterates any liquor used or intended for drink with Indian cockle, vitriol, grains of paradise, opium, alum, cochineal, capsicum, copperas, laurel water, logwood, Brazil wood, sugar of lead or any other substance poisonous or injurious to health, and whoever knowingly sells any such liquor so adulterated, shall be punished by imprisonment in the state prison for not more than three years; and the articles so adulterated shall be forfeited.
material containing arsenic Section 10. Whoever, himself, or by his agent or servant, or as the agent or servant of another, manufactures, sells or exchanges, or has in his custody or possession with intent to sell or exchange, or exposes or offers for sale or exchange, any toys or confectionery, containing or coated wholly or in part with arsenic, shall be punished by a fine of not less than fifty nor more than one hundred dollars.
Section 11. Whoever offers or exposes for sale or exchange any paper, fabric or other article shall furnish a sample thereof sufficient to ascertain by analysis the existence of arsenic therein, if such sample can be obtained without damage to the remaining portion, to any inspector, chemist or other agent or officer of the department of public health who applies therefor and tenders the value thereof; and for a violation of this section shall be punished as provided in the preceding section.
Section 12. Whoever, himself, or by his agent or servant, manufactures, sells or exchanges, or has in his custody or possession with intent to sell or exchange, any woven fabric or paper containing arsenic in any form, or any article of dress or household use composed wholly or in part of such woven fabric or paper, shall be punished by a fine of not less than fifty nor more than two hundred dollars; but this section shall not apply to articles intended for the destruction of insects, having the word “POISON” plainly printed in uncondensed gothic letters not less than one inch long on both sides of each sheet and square foot of the fabric, or to dress goods or articles of dress containing not more than one one-hundredth grain, or to other materials or articles containing not more than one tenth grain of arsenic for each square yard of the material. The department of public health shall make all necessary investigations as to the existence of arsenic in the aforesaid articles and materials, employ inspectors and chemists, and adopt such measures as are necessary to enforce this section.
Section 13. A corporation engaged in selling or distributing water, which refuses or neglects to furnish or supply water to or for any building or premises for the reason that a water bill remains unpaid by a previous owner or occupant of said building or premises shall, unless the person applying for water is in arrears to such corporation for water previously furnished to or for any building or premises, be punished by a fine of not less than ten nor more than twenty dollars.
Section 14. Whoever expectorates or spits upon any public sidewalk, or upon any place used exclusively or principally by pedestrians, or, except in receptacles provided for the purpose, in or upon any part of any city or town hall, any court house or court room, any public library or museum, any church or theatre, any lecture or music hall, any mill or factory, any hall of any tenement building occupied by five or more families, any school building, any ferry boat or steamboat, any railroad car or elevated railroad car, except a smoking car, any street railway car, any railroad or railway station or waiting room, or on any track, platform or sidewalk connected therewith, and included within the limits thereof, shall be punished by a fine of not more than twenty dollars.
Section 15. Any person detected in the act of violating the preceding section may, if his name is unknown to the officer, be arrested without a warrant by any officer authorized to serve criminal process in the place where the offence is committed and kept in custody until he can be taken before a court having jurisdiction of such offence.
and coastal or inland waters; penalties; enforcement; park rangers Section 16. Whoever places, throws, deposits or discharges or whoever causes to be placed, thrown, deposited or discharged, trash, bottles or cans, refuse, rubbish, garbage, debris, scrap, waste or other material of any kind on a public highway or within 20 yards of a public highway, or on any other public land, or in or upon coastal or inland waters, as defined in section 1 of chapter 131, or within 20 yards of such waters, or on property of another, or on lands dedicated for open space purposes, including lands subject to conservation restrictions and agricultural preservation restrictions as defined in chapter 184, shall be punished by a fine of not more than $5,500 for the first offense and a fine not to exceed $15,000 for each subsequent offense; provided, however, that 50 per cent of the fine imposed shall be deposited in the conservation trust established in section 1 of chapter 132A and the court may also require that the violator remove, at his own expense, the trash, refuse, rubbish, debris or materials. The permission of the owner of land to place, throw, deposit or discharge trash, refuse, rubbish, garbage, debris, scrap, waste or other material on the owner’s land shall constitute a defense in any trial for such offense.
If a motor vehicle is used in committing such an offense where the offense involves the unlawful disposal of more than seven cubic feet of trash, bottles or cans, refuse, rubbish, garbage, debris scrap, waste or any other materials and the motor vehicle is observed while the offense is in progress by an officer authorized to enforce this section, the officer may seize the vehicle and remove and store it or otherwise immobilize it by a mechanical device until (1) payment is made to the enforcing authority of a fine set by such enforcing authority up to the maximum fine which may be imposed under this section, (2) the illegally disposed of material is removed and legally disposed of, and (3) payment is made to the enforcing authority of its reasonable towing and storage charges, if any, for the seized vehicle. If, after payment of the above fine and towing and storage charges, the use of the seized vehicle is necessary to dispose of the material, the enforcing authority shall release the seized vehicle upon the posting of security sufficient to pay for the cost of legal disposal of the material. The security shall be returned to the person posting it upon proof of legal disposal of the material. Within five days of the payment of a fine to secure the release of a seized vehicle as provided for herein, the enforcing authority to whom the fine is paid shall deposit the fine in court along with an application for a criminal complaint regarding the offense, and the court shall hold the fine until judgment is entered on said complaint; provided, however, that at the discretion of the enforcing authority, the violation may be disposed of by the non-criminal disposition procedures pursuant to section twenty-one D of chapter forty, in which case the maximum fine shall be one thousand dollars. If a conviction is returned on the complaint the court shall award to any person or persons, other than an employee of the enforcing authority, whose information materially contributed to the identification of the convicted party, up to five hundred dollars, or forty percent of said fine, whichever is the greater, and the balance of the fine shall be equally divided between the enforcing authority and the court. If such violation is disposed of non-criminally, the balance of such fine, after payment of the award, if any, shall be deposited in the general fund of the enforcing authority. Vehicles seized under the provisions of this section which are not claimed or redeemed by their owners as provided for above within thirty days of the date of seizure, may after thirty days notice by certified mail to the vehicle’s registered owner, be sold at auction and the proceeds be applied to the fines assessed herein, vehicle towing and storage costs and the costs for legal disposal of the material. Enforcing authorities shall adopt appropriate rules and regulations which provide for the orderly implementation of this section.
If a motor vehicle is used in committing such an offense, a conviction under this section shall forthwith be reported by the court to the registrar of motor vehicles, and the registrar may suspend the license of the operator of such vehicle for not more than thirty days, and if it appears from the records of the registrar of motor vehicles that the person so convicted is the owner of the motor vehicle so used, the registrar may suspend the certificate of registration of said vehicle for thirty days.
The provisions of this section shall not be applicable to any dumping ground approved under section one hundred and fifty A of chapter one hundred and eleven or by other appropriate public authority.
This section shall be enforced by natural resources officers, by the director of the division of motorboats or his authorized agents, by harbormasters and assistant harbormasters, by members of the state police and by city and town police officers. A city by majority vote of the city council, with the approval of the mayor, or in a town by a vote of its town meeting may enforce this section by designating its public health agents, health officers and health directors as enforcing officers. In the city of Boston this section shall also be enforced by the commissioner of health and hospitals, by the commissioner of housing inspection, and by the commissioner of public works, and their respective authorized agents, and in section sixteen A, the commissioner of health and hospitals, the commissioner of housing inspection, and the commissioner of public works shall be deemed to be the commanding officers of their respective authorized agents; provided, however, that any person observing a violation of this section may file a petition for issuance of a complaint pursuant to this section with the clerk of the district court having jurisdiction or, in the city of Boston, with the clerk of the Boston municipal court department, and upon determining that probable cause exists therefor, such clerk shall issue such complaint.
Chief park rangers and park rangers shall have the authority to enforce this section on state forests, reservations, parks, rinks, pools, piers and other facilities and properties under the jurisdiction of the department of environmental management. In addition to the fines imposed under this section, the violator may be held liable for costs associated with the identification, removal and disposal of said materials. The department of environmental management shall permanently post signs on all lands under its jurisdiction which identify: 1) the penalties applicable for the violations under this section; and 2) the proper authorities and contact information to report violations.
violations of Sec. 16 Section 16A. If any officer empowered to enforce section sixteen takes cognizance of a violation thereof, he may request the offender to state his name and address. Whoever, upon such request, refuses to state his name and address, may be arrested without a warrant, or if he states a false name and address or a name and address which is not his name and address in ordinary use, he shall be punished by a fine of not less than fifty nor more than one hundred dollars. Such officer may, as an alternative to instituting criminal proceedings, forthwith give to the offender a written notice to appear before the clerk of the district court having jurisdiction at any time during office hours, not later than twenty-one days after the date of such violation. Such notice shall be made in triplicate, and shall contain the name and address of the offender and, if served with notice in hand at the time of such violation, the number of his license, if any, to operate motor vehicles; the registration number of the vehicle or motor boat involved, if any; the time and place of the violation; the specific offense charged; and the time and place for his required appearance. Such notice shall be signed by the officer, and shall be signed by the offender whenever practicable in acknowledgment that the notice has been received. The officer shall, if possible, deliver to the offender at the time and place of the violation a copy of said notice. Whenever it is not possible to deliver a copy of said notice to the offender at the time and place of the violation, said copy shall be mailed or delivered by the officer, or by his commanding officer or any person authorized by said commanding officer, to the offender’s last known address, or in the case of a violation involving a motor vehicle or motor boat registered under the laws of this commonwealth, within five days of the offense, or in the case of any motor vehicle or motor boat registered under the laws of another state or country, within ten days thereof, exclusive, in either case, of Sundays and holidays, to the address of the registrant of the motor vehicle or motor boat involved, as appearing, in the case of a motor vehicle registered under the laws of this commonwealth, in the records of the registry of motor vehicles or the division of motor boats or, in the case of a motor vehicle or motor boat registered under the laws of another state or country in the records of the official in such state or country having charge of the registration of such motor vehicle or motor boat. Such notice mailed by the officer, his commanding officer, or the person so authorized to the last address of said registrant as appearing as aforesaid, shall be deemed a sufficient notice, and a certificate of the officer or person mailing such notice that it has been mailed in accordance with this section shall be deemed prima facie evidence thereof and shall be admissible in any court of the commonwealth as to the facts contained therein. At or before the completion of each tour of duty the officer shall give to his commanding officer those copies of each notice of such a violation he has taken cognizance of during such tour which have not already been delivered or mailed by him as aforesaid. Said commanding officer shall retain one of such copies and shall, at a time not later than the next court day after said delivery or mailing, deliver another copy to the clerk of the court before whom the offender has been notified to appear. The clerk of each district court shall maintain a separate docket of all such notices to appear.
Any person notified to appear before the clerk of a district court as hereinbefore provided may appear before such clerk and confess the offense charged, either personally or through an agent duly authorized in writing, or by mailing to such clerk, with the notice, the sum provided herein, such payment to be made only by postal note, money order or check. If it is the first, second or third offense subject to this section committed by such person within the jurisdiction of the court in the calendar year, payment to such clerk of the sum of twenty dollars shall operate as a final disposition of the case; if it is the fourth or subsequent such offense so committed in such calendar year, payment to such clerk of the sum of one hundred dollars shall operate as a final disposition of the case. Proceedings under this paragraph shall not be deemed criminal; and no person notified to appear before the clerk of a district court as provided herein shall be required to report to any probation officer, and no record of the case shall be entered in the probation records.
If any person notified to appear before the clerk of the district court fails to appear and pay the fine provided hereunder or, having appeared, desires not to avail himself of the procedure hereinbefore provided for the non-criminal disposition of the case, the clerk shall notify the officer concerned, who shall forthwith make application for a criminal complaint and follow the procedure established for criminal cases, and shall notify, if a motor vehicle is involved, the registrar of motor vehicles, or, if a motor boat is involved, the division of motor boats. If any person fails to appear in accordance with the summons issued upon such complaint the clerk shall send such person by certified mail, return receipt requested, a notice that the complaint is pending and that, if the person fails to appear within twenty-one days from the sending of such notice, a warrant for his arrest will be issued. If any person fails to appear within twenty-one days from the sending of such notice, the court shall issue a warrant for his arrest.
The notice to appear, provided herein, shall be printed in such form as the chief justice for the district court department and the chief justice for the Boston municipal court department may prescribe for their respective departments; provided, however, that a notice prepared pursuant to section twenty A or section twenty C of chapter ninety may be so revised or adapted that said notice may also be used for the notice provided for in this section.
along highways Section 17. Whoever disposes of household or commercial garbage or refuse by placing it in a trash barrel placed on a public highway by the commonwealth, or by any political subdivision thereof for the convenience of the traveling public shall be punished by a fine of not less than two hundred dollars. One-half of any fine paid into a court shall be paid over to the city or town where said offense occurred.
vapors Section 18. No person shall intentionally smell or inhale the fumes of any substance having the property of releasing toxic vapors, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulled senses or nervous system, nor possess, buy or sell any such substance for the purpose of violating or aiding another to violate this section.
This section shall not apply to the inhalation of anesthesia for medical or dental purposes.
Whoever violates the provisions of this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both.
Any person who is discovered by a police officer or special police officer in the act of violating this section may be arrested without a warrant by such police officer or special police officer, and held in custody, in jail, or otherwise, until a complaint is made against him for such offense which complaint shall be made as soon as practicable and in any case within twenty-four hours, Sundays and legal holidays excepted.
deterrent ingredients Section 19. Any person who sells glue or cement to a minor shall require such minor to properly identify himself and write his name and address legibly in a permanently bound register. The seller shall keep such register available for police inspection for a period of six months after the last sale is recorded therein. No such glue or cement shall be sold to a minor unless it contains allyl isothiocyanate (oil of mustard) or some other equally effective and safe deterrent against smelling or inhaling the fumes of such glue or cement.
As used in this section, “glue” or “cement” shall mean any glue or cement that contains a solvent or chemical having the property of releasing toxic vapors.
Whoever violates the provisions of this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both.
flammable frames; sales Section 1A. No person shall distribute, sell or deliver any eyeglasses or sunglasses unless said eyeglasses or sunglasses are fitted with plastic lenses, laminated lenses, heat-treated glass lenses or lenses made impact-resistant by other methods. The provisions of this paragraph shall not apply if a physician or optometrist, having found that such lenses will not fulfill the visual requirements of a particular patient, directs in writing the use of other lenses and gives written notification thereof to the patient. Before they are mounted in frames, all impact-resistant eyeglass and sunglass lenses shall be capable of withstanding an impact test of a steel ball five-eighths of an inch in diameter weighing approximately fifty-six hundredths of an ounce dropped from a height of fifty inches. Raised ledge multifocal lenses shall be capable of withstanding said impact test but need not be tested beyond initial design testing. All prescription glass lenses shall withstand said impact test. To demonstrate that all nonprescription glass lenses, plastic lenses and laminated lenses are capable of withstanding said impact test, the manufacturer of such lenses shall subject to said impact test a statistically significant sampling of lenses from each production batch, and the lenses so tested shall be representative of the finished forms as worn by the wearer. Plastic prescription and plastic nonprescription lenses, tested on the basis of statistical significance, may be tested in uncut finished or semifinished form at the point of original manufacture.
No person shall distribute, sell, exchange or deliver or have in his possession with intent to distribute, sell, exchange or deliver any eyeglass or sunglass frame containing any form of cellulose nitrate or other highly flammable material.
Whoever violates any provision of this section shall be punished by a fine of not more than five hundred dollars for each violation.
shoreline boundaries Section 20. No person shall burn refuse, rubbish or demolition debris within the marine boundaries of the commonwealth, or within twelve miles from the shoreline of the commonwealth, whichever is the shorter distance. Whoever violates any provision of this section shall be punished by a fine of not less than two hundred and fifty dollars nor more than one thousand dollars.
Section 22. (a) As used in this section, the following words shall have the following meanings, unless the context requires otherwise:“Business agent”, an individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of the establishment.
“Compensation”, money, gratuity, privilege, or benefit received from an employer in return for work performed or services rendered.
“Customer service area”, an area of the workplace that a business invitee may access.
“Employee”, an individual or person who performs a service for compensation for an employer at the employer’s workplace, including a contract employee, temporary employee, and independent contractor who performs a service in the employer’s workplace for more than a de minimis amount of time.
“Employer”, an individual, person, partnership, association, corporation, trust, organization, school, college, university or other educational institution or other legal entity, whether public, quasi-public, private, or non-profit which uses the services of 1 or more employees at 1 or more workplaces, at any 1 time, including the commonwealth or its agencies, authorities or political subdivisions.
“Enclosed”, a space bounded by walls, with or without windows or fenestrations, continuous from floor to ceiling and enclosed by 1 or more doors, including but not limited to an office, function room or hallway.
“Lodging home”, a dwelling or part thereof which contains 1 or more rooming units in which space is let or sublet for compensation by the owner or operator to 4 or more persons. The residential portion of boarding houses, rooming houses, dormitories, and other similar dwelling places are included in this definition. Hospitals, sanitariums, jails, houses of correction, homeless shelters, and assisted living homes are not included in this definition.
“Membership association”, a not-for-profit entity that has been established and operates, for a charitable, philanthropic, civic, social, benevolent, educational, religious, athletic, recreation or similar purpose, and is comprised of members who collectively belong to:(i) a society, organization or association of a fraternal nature that operates under the lodge system, and having 1 or more affiliated chapters or branches incorporated in any state; or(ii) a corporation organized under chapter 180 ; or(iii) an established religious place of worship or instruction in the commonwealth whose real or personal property is exempt from taxation; or(iv) a veterans’ organization incorporated or chartered by the Congress of the United States, or otherwise, having 1 or more affiliated chapters or branches incorporated in any state.
Except for a religious place of worship or instruction, an entity shall not be a membership association for the purposes of this definition, unless individual membership is required for all members of the association for a period of not less than 90 days.
“Outdoor space”, an outdoor area, open to the air at all times and cannot be enclosed by a wall or side covering.
“Public building”, a building owned by the commonwealth or any political subdivision thereof, or in an enclosed indoor space occupied by a state agency or department of the commonwealth which is located in a building not owned by the commonwealth.
“Public transportation conveyance”, a vehicle or vessel used in mass public transportation or in the transportation of the public, including a train, passenger bus, school bus or other vehicle used to transport pupils, taxi, passenger ferry boat, water shuttle or other equipment used in public transportation owned by, or operated under the authority of the Massachusetts Bay Transportation Authority, the Woods Hole, Martha’s Vineyard & Nantucket Steamship Authority, Massachusetts Port Authority; state transportation department; or a vehicle or vessel open to the public that is owned by, or operated under the authority of a business, including tour vehicles or vessels, enclosed ski lifts or trams, passenger buses or vans regularly used to transport customers. Notwithstanding the foregoing, a private vehicle or vessel not open to the public or not used for the transportation of the public during the times of use, including a private passenger vehicle, a private charter or rental of a limousine, bus or van or the private rental of a boat or other vessel, shall not be considered a public transportation conveyance.
“Residence”, the part of a structure used as a dwelling including without limitation: a private home, townhouse, condominium, apartment, mobile home; vacation home, cabin or cottage; a residential unit in a governmental public housing facility; and the residential portions of a school, college or university dormitory or facility. A residential unit provided by an employer to an employee at a place of employment shall be considered to be a residence; if the unit is an enclosed indoor space used exclusively as a residence, and other employees, excluding family members of the employee, or the public has no right of access to the residence. For the purposes of this definition, a hotel, motel, inn, lodge, bed and breakfast or other similar public accommodation, hospital, nursing home or assisted living facility shall not be considered a residence.
“Retail tobacco store”, an establishment which is not required to possess a retail food permit whose primary purpose is to sell or offer for sale to consumers, but not for resale, tobacco products and paraphernalia, in which the sale of other products is merely incidental, and in which the entry of persons under the age of 18 is prohibited at all times, and maintains a valid permit for the retail sale of tobacco products as required to be issued by the appropriate authority in the city or town where the establishment is located.
“Smoking” or “smoke”, the lighting of a cigar, cigarette, pipe or other tobacco product or possessing a lighted cigar, cigarette, pipe or other tobacco or non-tobacco product designed to be combusted and inhaled.
“Smoking bar”, an establishment that occupies exclusively an enclosed indoor space and that primarily is engaged in the retail sale of tobacco products for consumption by customers on the premises; derives revenue from the sale of food, alcohol or other beverages that is incidental to the sale of the tobacco products; prohibits entry to a person under the age of 18 years of age during the time when the establishment is open for business; prohibits any food or beverage not sold directly by the business to be consumed on the premises; maintains a valid permit for the retail sale of tobacco products as required to be issued by the appropriate authority in the city or town where the establishment is located; and, maintains a valid permit to operate a smoking bar issued by the department of revenue.
“Workplace”, an indoor area, structure or facility or a portion thereof, at which 1 or more employees perform a service for compensation for the employer, other enclosed spaces rented to or otherwise used by the public; and where the employer has the right or authority to exercise control over the space.
“Work space or work spaces”, an enclosed area occupied by an employee during the course of his employment.
(b)(1) It shall be the responsibility of the employer to provide a smoke free environment for all employees working in an enclosed workplace.
(2) Smoking shall be prohibited in workplaces, work spaces, common work areas, classrooms, conference and meeting rooms, offices, elevators, hallways, medical facilities, cafeterias, employee lounges, staircases, restrooms, restaurants, cafes, coffee shops, food courts or concessions, supermarkets or retail food outlets, bars, taverns, or in a place where food or drink is sold to the public and consumed on the premise as part of a business required to collect state meals tax on the purchase; or in a train, airplane, theatre, concert hall, exhibition hall, convention center, auditorium, arena, or stadium open to the public; or in a school, college, university, museum, library, health care facility as defined in section 9C of chapter 112, group child care center, school age child care center, family child care center, school age day or overnight camp building, or on premises where activities are licensed under section 38 of chapter 10 or in or upon any public transportation conveyance or in any airport, train station, bus station, transportation passenger terminal, or enclosed outdoor platform.
(3) A person shall not smoke in the state house or in a public building or in a vehicle or vessel, owned, leased, or otherwise operated by the commonwealth or a political subdivision thereof, or in a space occupied by a state agency or department of the commonwealth which is located in another building, including a private office in a building or space mentioned in this sentence, or at an open meeting of a governmental body as defined in section 11A of chapter 30A, section 23A of chapter 39 and section 9F of chapter 34, or in a courtroom or courthouse. This subsection shall not apply to a resident or patient of a state hospital, the Soldiers’ Home in Massachusetts located in the city of Chelsea or the Soldiers’ Home in Holyoke.
(c) Notwithstanding subsection (b), smoking may be permitted in the following places and circumstances:(1) Private residences; except during such time when the residence is utilized as part of a business as a group childcare center, school age day care center, school age day or overnight camp, or a facility licensed by the office of child care services or as a health care related office or facility;(2)(i) premises occupied by a membership association, if the premises is owned, or under a written lease for a term of not less than 90 consecutive days, by the association during the time of the permitted activity if the premises are not located in a public building; but no smoking shall be permitted in an enclosed indoor space of a membership association during the time the space is:(A) open to the public; or(B) occupied by a non-member who is not an invited guest of a member or an employee of the association; or(C) rented from the association for a fee or other agreement that compensates the association for the use of such space.
(ii) Smoking may be permitted in an enclosed indoor space of a membership association at all times, if the space is restricted by the association to admittance only of its members, the invited guest of a member, and the employees of the membership association. A person who is a contract employee, temporary employee, or independent contractor shall not be considered an employee of a membership association under this subsection. A person who is a member of an affiliated chapter or branch of a membership association that is fraternal in nature operating under the lodge system, and is visiting the affiliated association, shall be an invited guest for the purposes of this subsection.
(3) A guest room in a hotel, motel, inn, bed and breakfast or lodging home that is designed and normally used for sleeping and living purposes, that is rented to a guest and designated as a smoking room pursuant to paragraph (1) of subsection (g).
(4) A retail tobacco store, if the store maintains a valid permit for the sale of tobacco products issued by the appropriate authority in the city or town in which the retail tobacco store is located. All required permits shall be displayed in a conspicuous manner, visible at all times to patrons of the establishment.
(5) A smoking bar, if the smoking bar maintains a valid permit pursuant to this section. All required permits shall be displayed in a conspicuous manner, visible at all times to patrons of the establishment.
(6) By a theatrical performer upon a stage or in the course of a professional film production, if the smoking is part of a theatrical production, and if permission has been obtained from the appropriate local authority;(7) By a person, organization or other entity that conducts medical or scientific research on tobacco products, if the research is conducted in an enclosed space not open to the public, in a laboratory facility at an accredited college or university, or in a professional testing laboratory as defined by regulation of the department of public health;(8) Religious ceremonies where smoking is part of the ritual; and(9) A tobacco farmer, leaf dealer, manufacturer, importer, exporter, or wholesale distributor of tobacco products, may permit smoking in the workplace for the sole purpose of testing said tobacco for quality assurance purposes; if the smoking is necessary to conduct the test.
(e) If the outdoor space has a structure capable of being enclosed by walls or covers, regardless of the materials or the removable nature of the walls or covers, the space will be considered enclosed, when the walls or covers are in place. All outdoor spaces shall be physically separated from an enclosed work space. If doors, windows, sliding or folding windows or doors or other fenestrations form any part of the border to the outdoor space, the openings shall be closed to prevent the migration of smoke into the enclosed work space. If the windows, sliding or folding windows or doors or other fenestrations are opened or otherwise do not prevent the migration of smoke into the work space, the outdoor space shall be considered an extension of the enclosed work space and subject to this section.
(f)(1) A nursing home, licensed pursuant to section 71 of chapter 111 and any acute care substance abuse treatment center under the jurisdiction of the commonwealth, may apply to the local board of health having jurisdiction over the facility for designation of part of the facility as a residence.
(2) All applications shall designate the residential area of the facility. The residential area shall not contain an employee workspace, such as offices, restrooms or other areas used primarily by employees.
(3) The entire facility may not be designated as a residence.
(4) The designated residential area must be for the sole use of permanent residents of the facility. No temporary or short-term resident may reside in the residential portion of the facility.
(5) All areas in the designated residential area in which smoking is allowed shall be conspicuously designated as smoking areas and be adequately ventilated to prevent the migration of smoke to nonsmoking areas.
(6) The facility shall provide suitable documentation, acceptable to the local board of health, that the facility is the permanent domicile of the residents residing in that portion of the facility, that information on the hazards of smoking and second hand smoke have been provided to all residences and that smoking cessation aids are available to all residents who use tobacco products.
(7) The designated residential area shall be in conformance with the smoking restriction requirements of section 72X of chapter 111 and 105 CMR 150.
015 (D)(11)(b). All residential areas shall be clearly designated as such and shall not be altered or otherwise changed without the express approval of the local board of health.
(8) All areas of a nursing home not designated as a residence shall comply with this section.
(9) The nursing home shall make reasonable accommodations for an employee, resident or visitor who does not wish to be exposed to tobacco smoke.
(10) Upon compliance with this section, submission of the required documentation and satisfactory inspection, the local board of health shall certify the designated portion of the facility as a residence. The certification shall be valid for 1 year from the date of issuance. No fewer than 30 days before the expiration of the certification, the facility may apply for re-certification. If the local board of health does not renew the certification before its expiration or provide notice that it has found sufficient cause to not recertify the residence portion of the nursing home as such, the certification shall be considered to continue until the time as the local board of health notifies the nursing home of its certification status.
(g)(1) A designated smoking room in a hotel, motel, inn, bed and breakfast and lodging home shall be clearly marked as a designated smoking room on the exterior of all entrances from a public hallway and public spaces; and in the interior of the room. Instead of marking each room, an establishment may designate an entire floor of residential rooms as smoking. The floor shall be conspicuously designated as smoking at each entranceway on to the floor. Smoking shall not be allowed in the common areas of the floor, such as halls, vending areas, ice machine locations and exercise areas and shall comply with paragraph (4).
(2) A retail tobacco store that permits smoking on the premises shall, pursuant to paragraph (4), post in a clear and conspicuous manner, a sign at each entrance warning persons entering the establishment that smoking may be present on the premises; of the health risks associated from second hand smoke; and, that persons under the age of 18 years of age may not enter the premises.
(3) A smoking bar shall, pursuant to paragraph (4), post in a clear and conspicuous manner signs at all entrances which warn persons entering the establishment that smoking may be present on the premises; and, of the health risks associated from second hand smoke; and, that persons under the age of 18 years of age may not enter the premises.
(4) Every area in which smoking is prohibited by law shall have “no smoking” signs conspicuously posted so that the signs are clearly visible to all employees, customers, or visitors while in the workplace.
(5) Additional signs may be posted in public areas such as, the following areas: lobbies; hallways; cafeterias; kitchens; locker rooms; customer service areas; offices where the public is invited; conference rooms; lounges; waiting areas; and elevators.
(6) Approved signs and templates for signage design may be obtained from the department of public health or the local boards of health.
(7) It shall be the responsibility of the establishment to ensure that the appropriate signage is displayed and that an individual or group renting the space enforces the prohibition against smoking.
(h)(a)(1) A smoking bar operating in the commonwealth shall obtain a smoking bar permit from the department of revenue. A permit issued by the department shall be valid for a period of 2 years from date of issuance unless suspended or revoked. A valid permit that is not suspended at the time of its expiration may be renewed for consecutive 2-year periods.
(2) A non-refundable fee may be required with each permit and renewal application. Each permit issued by the department shall be non-transferable, for a specific location and business; and, only 1 permit may be issued to a business for a specific location during any permit period.
(3) The department shall not issue or renew a smoking bar permit to any business that has not filed all tax returns and paid all taxes due the commonwealth; or is delinquent in filing all declaration statements in connection with the smoking bar permit as required by the department.
(4) The department shall notify the local board of health or municipal health department in the city or town where the establishment is located of any permits issued, renewed, suspended, revoked or reinstated to a business.
(b) A smoking bar shall demonstrate on a quarterly basis that revenue generated from the sale of tobacco products are equal to or greater than 51 per cent of the total combined revenue generated by the sale of tobacco products, food and beverages. The department shall require each business that has been issued a smoking bar permit to submit a quarterly declaration for each 3 month period that the business is in operation; notwithstanding, the first declaration may include a period of not to exceed 4 months. A declaration submitted to the department in connection with a smoking bar permit shall be signed by the owner or business agent under the pains and penalties of perjury. A declaration received by the department shall be confidential and the financial information contained therein shall not be disclosed to the public or any other state governmental agency or department except the attorney general. In the event a business has not filed a required declaration statement, the department shall give written notice to the business that the statement is delinquent and, shall suspend the permit of a business that does not submit the required report after 21 days of the date of notice; but the department shall reinstate the suspended permit within 5 days after receiving the delinquent report.
(c) The department of revenue shall promulgate regulations to implement this section.
(i) Companies which sell ownership rights to owners of time share properties shall distinguish between smoking and non-smoking time share properties. Companies shall disclose to potential buyers whether the unit they are purchasing is a smoking or non-smoking property and post signs accordingly.
(j) Nothing in this section shall permit smoking in an area in which smoking is or may hereafter be prohibited by law including, without limitation: any other law or ordinance or by-law or any fire, health or safety regulation. Nothing in this section shall preempt further limitation of smoking by the commonwealth or any department, agency or political subdivision of the commonwealth.
(k) An individual, person, entity or organization subject to the smoking prohibitions of this section shall not discriminate or retaliate in any manner against a person for making a complaint of a violation of this section or furnishing information concerning a violation, to a person, entity or organization or to an enforcement authority. Notwithstanding the foregoing, a person making a complaint or furnishing information during any period of work or time of employment, shall do so only at a time that will not pose an increased threat of harm to the safety of other persons in or about such place of work or to the public.
(l) An owner, manager or other person in control of a building, vehicle or vessel who violates this section, in a manner other than by smoking in a place where smoking is prohibited, shall be punished by a fine of $100 for the first violation; $200 for a second violation occurring within 2 years of the date of the first offense; and $300 for a third or subsequent violation within 2 years of the second violation. Each calendar day on which a violation occurs shall be considered a separate offense. If an owner, manager or other person in control of a building, vehicle or vessel violates this section repeatedly, demonstrating egregious noncompliance as defined by regulation of the department of public health, the local board of health may revoke or suspend the license to operate and shall send notice of the revocation or suspension to the department of public health. The department of public health shall promulgate regulations to implement this section including, but not limited to notice, collection, and reporting of the fines or license action, and defining uniform standards that warrant license suspension or revocation.
(m)(1) The local board of health, the department of public health, the local inspection department or the equivalent, a municipal government or its agent, and the alcoholic beverages control commission shall enforce this section. In addition, in the city of Boston, the commissioner of health and his authorized agents shall enforce this section.
(2) An individual or person who violates this section by smoking in a place where smoking is prohibited shall be subject to a civil penalty of $100 for each violation. As an alternative to criminal prosecution, a violation of subsection (l) may also be considered a civil violation. Each enforcing agency under paragraph (1) shall dispose of a civil violation of this section by the non-criminal method of disposition procedures contained in section 21D of chapter 40, without an enabling ordinance or by-law, or by the equivalent of these procedures by a state agency under regulations of the department of public health. The disposition of fines assessed under this section shall be subject to section 188 of chapter 111. Fines assessed by the commonwealth or its agents shall be subject to section 2 of chapter 29. In a city or town having an ordinance or by-law that imposes a fine greater than the fine imposed by this section, the ordinance or by-law shall prevail over this section.
(3) Any person may register a complaint to initiate an investigation and enforcement with the local board of health, the department of public health, or the local inspection department or the equivalent.
(4) The supreme judicial court or the superior court shall issue appropriate orders to enforce this section and any regulation under it, at the request of any agency mentioned in paragraph (1).
(5) A fine or fee collected by the commonwealth under this section shall be used for the enforcement or for educational programs on the harmful effects of tobacco.
(n) Each local board of health, each local inspection department or its equivalent, and the alcoholic beverages control commission shall report annually to the commissioner of public health, beginning January 1, 2006: the number of citations issued; the workplaces which have been issued citations and the number of citations issued to each workplace; the amount that each workplace has been fined; and the total amount collected in fines. The department of public health shall file a copy of the report with the clerks of the house of representatives and the senate.
(o) The department of public health may issue regulations to implement this section.
Section 23. (a) As used in this section, “flea market” shall mean that portion of a building then occupied by one or more vendors, other than retail stores, for sale to the public of new or used goods or products on a seasonal, limited or full schedule of operation. No person shall smoke in any building used for the purpose of operating a flea market, except as otherwise provided in this section. The owner, manager or other person in charge of such a building, shall post a notice in a conspicuous place at each entrance to such building indicating that smoking is prohibited therein, except in an area specifically designated as a smoking area. An area shall be designated as a smoking area only if nonsmoking areas of sufficient size and capacity are available to accommodate nonsmokers and if smoke from said smoking area is prevented from entering the no smoking area.
(b) Except as otherwise provided herein, no person shall smoke in any snack bar operated in conjunction with a flea market, except in such designated smoking area as may be provided. Said smoking area shall be physically separated from the no smoking area and separately ventilated to the outside to prevent smoke from entering the no smoking area. The owner, manager or other person in charge of a snack bar shall not permit the smoke from such smoking area to be vented to the no smoking area.
(c) The owner, manager or other person in charge of such snack bar shall post a notice or sign in a conspicuous place at each entrance to such snack bar indicating that smoking is prohibited therein except in specifically designated areas, shall post signs identifying the no smoking area and the smoking area, and shall make a reasonable effort to insure that no person shall smoke in a no smoking area. Said reasonable effort shall include, but not be limited to, requesting that a person smoking in a no smoking area to either extinguish his cigarette, cigar or pipe, or move to a designated smoking area.
(d) Any person aggrieved by the willful failure or refusal to comply with any of the provisions of this section may complain in writing to a local health officer in the case of a snack bar or to the local building inspector in the case of all other facilities described in this section. Said authority shall respond in writing within 15 days to the complainant that the area described in the complaint has been inspected and said authority has enforced the provisions of this section. Said authority shall file a copy of the original complaint and its response thereto with the department of public health.
(e) No employer shall terminate or otherwise discriminate against any employee, independent contractor, or other worker for refusing to work in a smoking area or for exercising his rights under this section.
(f) Any person who violates this section by smoking where smoking is prohibited shall be subject to a civil fine not exceeding $25. Any person who violates this section in any way other than by smoking in an area where smoking is prohibited shall be subject to a civil fine of $50. Each day during which a violation of this section occurs shall be considered a separate violation.
(g) Fines assessed pursuant to this section shall be payable to the city or town in which the violation of this section occurs. A local board of health or health department shall enforce this section through noncriminal disposition.
(h) A city or town may, by ordinance or by-laws, establish a fund for the disposition of revenues received from fines levied in accordance with the provisions of this section. Said fund shall be expended under the authority of the municipal health department or local board of health for the purpose of public education on the hazards posed by secondhand smoke, also known as environmental tobacco smoke.
(i) Nothing in this section shall be construed to permit smoking in any area in which smoking is prohibited by law, including, without limiting the generality of the foregoing, any other provision of the law or ordinance or any fire, health, or safety regulation. This section shall not pre-empt the authority of any city or town to enact any ordinance, by-law or any fire, health, or safety regulation that limits or prohibits smoking in any place.
instructions regarding breakage Section 24. No person shall sell or supply, including online, retail mercury fever thermometers, except in the case of a medical necessity as determined by a licensed physician or by prescription. Manufacturers of mercury fever thermometers sold or supplied in the commonwealth in such cases of medical necessity shall furnish clear instructions on the careful handling of thermometers to avoid breakage and proper cleanup should a breakage occur. This section shall not apply to digital thermometers using mercury-added button cell batteries. A violation of this section shall be punished by a fine of not more than $500.
distribution Section 3. Whoever distributes, delivers or gives away in any public way or from house to house or place to place, any bottle, box, envelope or package containing any liquid, medicine, pill, powder, tablet or other article composed of any drug, poison or other ingredient or substance which may be in any way injurious or harmful to any person who may taste, eat, drink or otherwise use the same, shall be punished by a fine of not less than fifty nor more than one hundred dollars.
injury Section 3A. Whoever negligently or maliciously places any poison or poisoned food for the control of rats, mice or other rodents in any place where it may cause injury to any human being or domestic animal shall be punished by a fine of twenty-five dollars. The officers charged with the enforcement of the laws relating to fish, birds and mammals under chapter one hundred and thirty-one shall take cognizance of violations of this section and enforce the provisions thereof, and they shall have all powers necessary therefor.
possession Section 4. Whoever, himself, or by his servant or agent, or as the servant or agent of another, sells or exchanges, or has in his possession with intent to sell or exchange, or knowingly delivers or has in his possession with intent to deliver, any article of food or drink, or any drug intended for internal use, containing any wood alcohol, otherwise known as methyl alcohol, either crude or refined, under or by whatever name or trade mark the same may be called or known, shall be punished by a fine of not more than five thousand dollars or by imprisonment in a jail or house of correction for not more than two and one half years or in the state prison for not more than five years, or by both such fine and imprisonment.
hospital patients Section 5. Whoever, except under the direction of a physician, gives, sells or delivers alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, or a narcotic drug to a patient in any hospital who is suffering from inebriety or from the effect of inebriety, or from excessive use of narcotic drugs or from the effect of such use, and whoever has in his possession within the precincts of any hospital any such beverage or drug with intent to convey or deliver it to any such patient, except under direction as aforesaid, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than two months.
Section 6. Whoever sells a cigarette, chewing tobacco, snuff or any tobacco in any of its forms to any person under the age of eighteen or, not being his parent or guardian, gives a cigarette, chewing tobacco, snuff or tobacco in any of its forms to any person under the age of eighteen shall be punished by a fine of not less than one hundred dollars for the first offense, not less than two hundred dollars for a second offense and not less than three hundred dollars for any third or subsequent offense.
Section 6A. Whoever sells cigarette rolling papers to any person under the age of eighteen shall be punished by a fine of not less than twenty-five dollars for the first offense, not less than fifty dollars for the second offense and not less than one hundred dollars for a third or subsequent offense.
Notwithstanding the provisions of any civil ordinance or by-law or regulation to the contrary, which is in effect on the effective date of this section, no city, town, department, board or other political subdivision or agency of the commonwealth may impose any requirements, restrictions or prohibitions pertaining to the sale of cigarette rolling papers, in addition to those in this section.
Section 7. A copy of the preceding section printed as therein specified shall be posted conspicuously by the owner or person in charge thereof in the shop or other place used to sell cigarettes at retail, and whoever violates this provision shall be punished by a fine of not more than fifty dollars. Any person unlawfully removing a copy so posted while said premises are used for the sale of cigarettes shall be punished by a fine of ten dollars.
Section 8. Whoever sells to a person any candy enclosing or containing liquid or syrup having more than one per cent of alcohol shall be punished by a fine of not more than one hundred dollars.
substances; distribution or sale Section 8A. Whoever sells, gives, or distributes to anyone candy or other food or foodstuffs containing a foreign substance, which is intended or may reasonably be expected to cause injury to a person eating the same, shall be punished by imprisonment in the state prison for not more than five years.
Section 9. Whoever knowingly feeds or has in his possession with intent to feed to a milch cow any garbage, refuse or offal collected by a town, or by any person having authority therefrom, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than two months; and whoever knowingly feeds or has in his possession with intent to feed to any food animal, except swine, any garbage, refuse or offal collected by a city of more than thirty thousand inhabitants shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than one month.
Section 1. Whoever, on a prosecution commenced within eighteen months after the commission of the crime, is convicted of winning at one time or sitting, by gaming or betting on the sides or hands of those gaming, money or goods to the value of five dollars or more, and of receiving the same or security therefor, shall forfeit double the value of such money or goods.
conviction Section 10. Whoever, within five years after being convicted of any offence mentioned in section five, seven, eight, nine, eleven, fifteen, sixteen, seventeen or seventeen A, commits the like offence, or any other of the offences therein mentioned, shall, in addition to the fine therein provided, be punished by imprisonment for not less than three months nor more than one year, and the sentence imposing such fine and such imprisonment shall not be suspended.
Section 10A. Any person who is discovered by a police officer in the act of violating section seven, eight, nine, twelve, sixteen, seventeen, seventeen A, eighteen or twenty-two, while such officer is lawfully at or within the place where such violation occurred, may be arrested without a warrant by such police officer, and held in custody, in jail or otherwise, until a complaint be made against him for such offense, unless previously admitted to bail, which complaint shall be made as soon as practicable and in any case within twenty-four hours, Sundays and legal holidays excepted.
Section 11. Whoever, himself or by another, advertises a lottery ticket or a share in such ticket for sale, or sets up or exhibits, or devises or makes for the purpose of being set up or exhibited, any sign, symbol or emblematic or other representation of a lottery or the drawing thereof, in any way indicating where a lottery ticket or a share thereof or such writing, certificate, bill, token or other device before mentioned may be obtained, or in any way invites or entices, or attempts to invite or entice, any other person to purchase or receive the same, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.
possession Section 12. Whoever makes or sells, or has in his possession with intent to sell, exchange or negotiate, or by printing, writing or otherwise assists in making or selling, or in attempting to sell, exchange or negotiate, a false or fictitious lottery ticket, or any share thereof, or any writing, certificate, bill, token or other device before mentioned, or any ticket or share thereof in a fictitious or pretended lottery, knowing the same to be false or fictitious, or receives any money or other thing of value for such ticket or share of a ticket, writing, certificate, bill, token or other device purporting that the owner, bearer or holder thereof shall be entitled to receive any prize, or share of a prize, or other thing of value, that may be drawn in a lottery, knowing the same to be false or fictitious, shall be punished by imprisonment in the state prison for not more than three years.
Section 13. Upon the trial of a person charged with any of the crimes mentioned in the preceding section, a ticket or share of a ticket, or other writing or thing before mentioned, which the defendant has sold or offered for sale, or for which he has received a valuable consideration, shall be deemed false, spurious or fictitious, unless the defendant proves that the same was true and genuine, duly issued by the authority of some legislature within the United States, that such lottery was existing and undrawn and that such ticket or share thereof, or other writing or thing before mentioned, was issued by lawful authority and is binding upon the person who issued the same.
disposed of by chance; recovery Section 14. Money or other thing of value drawn as a prize or share thereof in a lottery, and all property disposed of or offered to be disposed of by chance or device under the pretext mentioned in section seven, by an inhabitant of or a resident within the commonwealth, and all money or other thing of value received by such person by reason of his being the owner or holder of a ticket or share of a ticket in a lottery or pretended lottery, or of a share or right in any such scheme of chance or such device, contrary to this chapter, shall be forfeited, and may be recovered by an information filed or by an action for money had and received brought by the attorney general or a district attorney in the name and on behalf of the commonwealth.
aiding or promoting Section 15. Whoever, except as provided in section five of chapter one hundred and twenty-eight A, aids, either by printing or writing, or is in any way concerned in setting up, promoting, managing or drawing a lottery for money, set up, promoted, managed, or drawn out of the commonwealth, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.
possession Section 16. Whoever sells, for himself or another, or offers for sale or has in his possession with intent so to do or to exchange or negotiate, or aids or assists in selling, negotiating, exchanging or disposing of a ticket, or a share of a ticket, in a lottery described in the preceding section, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.
services Section 16A. Whoever knowingly organizes, supervises, manages or finances at least four persons so that such persons may provide facilities or services or assist in the provision of facilities or services for the conduct of illegal lotteries, or for the illegal registration of bets or the illegal buying or selling of pools upon the result of a trial or contest of skill, speed or endurance of man, beast, bird or machine, or upon the happening of any event, or upon the result of a game, competition, political nomination, appointment or election, or whoever knowingly receives from at least four such persons compensation or payment in any form as a return from such lotteries, such registration or such buying or selling shall be punished by imprisonment in the state prison for not more than fifteen years or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. As used in this section the word “persons” shall not include bettors or wagerers who merely avail themselves of such facilities or services for the purpose of making a bet or wager and do not otherwise provide or assist in the provision of such facilities or services. This section shall not apply to such bettors or wagerers.
owner or occupant; custodian or depository Section 17. Whoever keeps a building or room, or any part thereof, or occupies, or is found in, any place, way, public or private, park or parkway, or any open space, public or private, or any portion thereof, with apparatus, books or any device, for registering bets, or buying or selling pools, upon the result of a trial or contest of skill, speed or endurance of man, beast, bird or machine, or upon the result of a game, competition, political nomination, appointment or election, or whoever is present in such place, way, park or parkway, or any such open space, or any portion thereof, engaged in such business or employment; or, being such keeper, occupant, person found or person present, as aforesaid, registers such bets, or buys or sells such pools, or is concerned in buying or selling the same; or, being the owner, lessee or occupant of a building or room, or part thereof, or private grounds, knowingly permits the same to be used or occupied for any such purpose, or therein keeps, exhibits, uses or employs, or knowingly permits to be therein kept, exhibited, used or employed, any device or apparatus for registering such bets, or for buying or selling such pools, or whoever becomes the custodian or depository for hire, reward, commission or compensation in any manner, of any pools, money, property or thing of value, in any manner staked or bet upon such result, shall be punished by a fine of not more than three thousand dollars or by imprisonment in the state prison for not more than three years, or in jail or the house of correction for not more than two and one half years.
[Text of section effective until December 31, 2005. See 2001, 139, Sec. 45. For text effective December 31, 2005, see below.
] Section 17A. Whoever uses a telephone or, being the occupant in control of premises where a telephone is located or a subscriber for a telephone, knowingly permits another to use a telephone so located or for which he subscribes, as the case may be, for the purpose of accepting wagers or bets, or buying or selling of pools, or for placing all or any portion of a wager with another, upon the result of a trial or contest of skill, speed, or endurance of man, beast, bird, or machine, or upon the result of an athletic game or contest, or upon the lottery called the numbers game, or for the purpose of reporting the same to a headquarters or booking office, or who under a name other than his own or otherwise falsely or fictitiously procures telephone service for himself or another for such purposes, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year; provided, however, that this section shall not apply to use of telephones or other devices or means to place wagers authorized pursuant to the provisions of section 5C of chapter 128A. Chapter 271: Section 17A. Telephones; use for gaming purposes [Text of section effective December 31, 2005. See 2001, 139, Secs. 28, 45. For text effective until December 31, 2005, see above.
] Section 17A. Whoever uses a telephone or, being the occupant in control of premises where a telephone is located or a subscriber for a telephone, knowingly permits another to use a telephone so located or for which he subscribes, as the case may be, for the purpose of accepting wagers or bets, or buying or selling of pools, or for placing all or any portion of a wager with another, upon the result of a trial or contest of skill, speed, or endurance of man, beast, bird, or machine, or upon the result of an athletic game or contest, or upon the lottery called the numbers game, or for the purpose of reporting the same to a headquarters or booking office, or who under a name other than his own or otherwise falsely or fictitiously procures telephone service for himself or another for such purposes, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.
purposes; demand of records Section 17B. Whenever the attorney general or a district attorney has reasonable grounds for belief that the service of a common carrier, subject to the jurisdiction of the department of telecommunications and energy, as defined in paragraph (d) of section twelve of chapter one hundred and fifty-nine, furnished to a person or to a location, is being or may be used for an unlawful purpose he may, acting within his jurisdiction, demand all the records in the possession of such common carrier relating to any such service. Such common carrier shall forthwith deliver to the attorney general or district attorney all the records so demanded. No such common carrier or employee shall be civilly or criminally responsible for furnishing any records or information in compliance with said demand.
possession of lottery tickets or tokens Section 18. Whoever keeps, sets up, promotes or is concerned as owner, agent, clerk or in any other manner, in managing a policy lottery or policy shop, or writes, prints, sells, transfers or delivers a ticket, certificate, slip, bill, token or other device, purporting or designed to guarantee or assure to a person, or to entitle him to a chance of drawing or obtaining a prize or thing of value in a lottery or in the game or device commonly known as policy lottery or policy, whether drawn or determined, or remaining to be drawn or determined, or who receives from a person any money or other thing of value for such article or chance; or for himself or another writes, prints, sells, transfers or delivers or has in his possession for the purpose of sale, transfer or delivery, or in any way aids in selling, exchanging, negotiating, transferring or delivering a chance or ticket in a lottery, or in the game or device commonly known as policy lottery or policy, whether drawn or to be drawn, or any such bill, slip, certificate, token or other device, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year.
tickets; receipt of money; prima facie evidence Section 19. The printing, writing, advertising, issuing or delivery of any ticket, paper, document or other article or material representing or purporting to represent the existence of or any chance or interest in any lottery, policy lottery or policy game, pool or pools, registered or other bet or other game or hazard, whether drawn or determined, or remaining to be drawn or determined, or the receiving of money or other thing of value for such article or chance, shall be prima facie evidence of the existence, location and drawing of such lottery, policy lottery or policy game, and of the act or event upon which such pool or pools, bet, game or hazard depends or may depend, and of the unlawful character of such lottery, policy lottery, pool, bet, game or hazard, and the issuing or delivery of such ticket, paper, document or other article or material shall be prima facie evidence of value received therefor by the person, company or corporation issuing or delivering the same, or aiding or abetting therein, and that such person, company or corporation is concerned in keeping, managing or promoting such lottery, pool, bet, game or hazard.
“place” including ship or vessel Section 1A. The words “house”, “building” and “place” used severally or together in this chapter shall mean and include a ship or vessel when it is within the territorial limits of the commonwealth.
or while trespassing in private place; arrest without warrant Section 2. Whoever, in a public conveyance or public place, or in a private place upon which he is trespassing, plays at cards, dice or any other game for money or other property, or bets on the sides or hands of those playing, shall forfeit not more than fifty dollars or be imprisoned for not more than three months; and whoever sets up or permits such a game shall be punished by a fine of not less than fifty nor more than one hundred dollars or by imprisonment for not less than three nor more than twelve months. If discovered in the act, he may be arrested without a warrant by a sheriff, deputy sheriff, constable or any officer qualified to serve criminal process, and held in custody, in jail or otherwise, for not more than twenty-four hours, Sunday and legal holidays excepted, until complaint may be made against him for such offence.
possession; concealment Section 20. All lottery, policy or pool tickets, slips or checks, memoranda of any combination or other bet, manifold or other policy or pool books or sheets, are hereby declared a common nuisance and the possession thereof unlawful; and the possession of any such article, or of any other implements, apparatus or materials of any other form of gaming, shall be prima facie evidence of their use, by the person having them in possession, in the form of gaming in which like articles are commonly used. Any such article found upon the person of one lawfully arrested for violation of any law relative to lotteries, policy lotteries or policy, the buying or selling of pools or registering of bets or other form of gaming shall be competent evidence upon the trial of a complaint or indictment to which it may be relevant. If a person so arrested in a building or structure or part thereof conceals or attempts to conceal such articles upon his person or elsewhere, the possession and concealment or attempt at concealment thereof shall be prima facie evidence that the place in which the same occurs is kept, maintained, used or occupied for the form of gaming in which like articles are commonly used.
or contest; prima facie evidence; proof Section 21. In a prosecution or proceeding relative to lotteries, policy lotteries or policy, buying and selling pools or registered bets, any words, figures or characters, written, printed or exposed upon a blackboard, placard or otherwise, in a place alleged to be used or occupied for such business, purporting or appearing to be a name of a horse or jockey, or a description of or reference to a trial or contest of skill, speed or endurance of man, beast, bird or machine, or game, competition, political nomination, appointment or election, or other act or event, or any odds, bet, combination bet or other stake or wager, or any code, cipher or substitute therefor, shall be prima facie evidence of the existence of the race, game, contest or other act or event so purporting or appearing to be referred to, and that such place is kept or occupied for gaming; and in all cases the same may be proved by a copy or by oral description thereof.
lottery or other gaming Section 22. Whoever receives a letter, package or parcel for delivery to or transportation from a person, or delivers or transports the same to or from a person, having reasonable cause to believe that such person is engaged or in any way concerned in the management or promotion of or agency for a lottery, or the game known as policy lottery or policy, or the buying or selling of pools or registering of bets, or other form of gaming, and that such letter, package or parcel has relation to such business, shall be punished by a fine of not less than fifty nor more than five hundred dollars; but this section shall not apply to the receipt, carriage or delivery of United States mail matter by an officer or employee thereof.
purposes Section 22A. Nothing in this chapter shall authorize the prosecution, arrest or conviction of any person for conducting or promoting, or for allowing to be conducted or promoted, a game of cards commonly called whist or bridge, in connection with which prizes are offered to be won by chance; provided, that the entire proceeds of the charges for admission to such game are donated solely to charitable, civic, educational, fraternal or religious purposes.
Section 22B. Nothing in this chapter shall authorize the prosecution, arrest or conviction of any person for promoting or playing, or for allowing to be conducted, promoted or played, the game commonly called beano, or substantially the same game under another name in connection with which prizes are offered to be won by chance or for selling lottery tickets or shares; provided, said game or sales are conducted under a license issued by the director of the state lottery, under the provisions of sections thirty-seven or thirty-eight of chapter ten.
place, arrest persons and seize implements and materials; disposal of articles Section 23. If a person makes oath before a district court or justice of the peace authorized to issue warrants in criminal cases that he suspects or has probable cause to suspect that a house or other building, room or place is used as and for a common gaming house, for gaming for money or other property, or is occupied, used or kept for promoting a lottery, or for the sale of lottery tickets, or for promoting the game known as policy lottery or policy, or for the buying or selling of pools or registering of bets upon any race, game, contest, act or event, and that persons resort thereto for any such purpose, such court or justice, whether the names of the persons last mentioned are known to the complainant or not, shall, if satisfactory evidence is presented, issue a warrant commanding the sheriff or his deputy or any constable or police officer to enter such house, building, room or place, and to arrest the keepers thereof, all persons in any way assisting in keeping the same, whether as janitor, doorkeeper, watchman or otherwise, all persons who are there found participating in any form of gaming and all persons present whether so participating or not, if any lottery, policy or pool tickets, slips, checks, manifold books or sheets, memoranda of any bet, or other implements, apparatus or materials of any form of gaming are found in said place, and to take into their custody all the implements, apparatus or materials of gaming, as aforesaid, and all the personal property, including money, furniture and fixtures there found, and to keep said persons, implements, apparatus or materials, property, including money, furniture and fixtures so that they may be forthcoming before some court or magistrate to be dealt with according to law. The provisions of chapter two hundred and seventy-six relative to disposal of gaming articles seized upon search warrants shall apply to all articles and property seized as herein provided for.
present Section 24. This chapter shall not authorize the arrest or conviction of the owner or proprietor of a race track or trotting course for the reason that another person has without his knowledge or consent violated any of its provisions relative to the buying and selling of pools or the registering or making of bets or to any offence mentioned in the preceding section; nor the arrest or conviction of a person for being present on a race track or trotting course where pools are sold or bets registered or made on trials of speed or endurance between horses or other animals; but this exception shall not apply to a person in any way participating or assisting in the buying or selling of pools or registering of bets.
removal; lien of expenses Section 25. If a captain of police in Boston or marshal or chief of police in any other city or town in the commonwealth finds that access to any building, apartment or place which he has reasonable cause to believe is resorted to for the purpose of unlawful gaming is barred by any obstruction, such as a door, window, shutter, screen, bar or grating of unusual strength, other than what is usual in ordinary places of business, or any unnecessary number of doors, windows or obstructions, he shall order the same removed by the owner or agent of the building where such obstruction exists, and if any of said officers cannot find either of the persons mentioned, so as to make personal service, said notice shall be posted upon the outside of the apartments and on the outside of said building, and upon the neglect to remove such obstruction for seven days from the date of said order or posting of said notices, any of said officers shall cause such obstruction to be removed from such building, and the expense of such removal shall be a lien on said building and be collected by the officer removing such obstruction, in the manner in which a mechanic’s lien is collected.
lien Section 26. If, within one year after removal of said obstruction, the premises are again obstructed as above defined, the captain of police or marshal or chief of police shall have the same power of removal as provided in the preceding section, and in addition the owner or agent when such second order of removal is given, either by personal service or by posting on the building, shall be punished by a fine of not less than two hundred and fifty nor more than five hundred dollars, and the amount of said fine shall be a lien upon said building and be collected in like manner as provided in the preceding section. And for every subsequent obstruction as above defined, at any time within two years of the giving of the second notice, as above provided, said officers shall have the same powers as provided in the preceding section for removing the obstructions, and the owner or agent at the time such third or subsequent order of removal is given, either by personal service or by posting on the building, shall be punished by a fine of not less than five hundred nor more than one thousand dollars or may be punished by imprisonment for one year, and the amount of said fine shall be a lien upon the said building, and shall be collected in like manner as above provided. Obstructions as above defined, erected more than two years after the giving of the notice of the third offence, shall be construed to be a first offence under this section.
lotteries, policy games, pools and betting; prima facie evidence Section 27. Any court or magistrate having criminal jurisdiction may take judicial notice of the general methods and character of lotteries, policy lotteries or the game called policy, pools or combination bets, and the buying and selling of pools and registering of bets. In the trial of a complaint or indictment to which it may be relevant, any lottery, policy or pool ticket, certificate, slip or check, manifold or other policy or pool book or sheet, or memorandum of any pool or sale of pools, or of a bet or odds, or combination bet, or any other implement, apparatus, materials or articles of a character commonly employed in or in connection with lotteries, policy lotteries or policy, the buying or selling of pools or registering of bets, or other form of gaming, shall be prima facie evidence of the existence and unlawful character of a lottery, policy lottery or game, pool or pools, bet, game or hazard, or other form of gaming in which like articles are commonly used, and that such article has relation thereto.
Section 28. No plea of misnomer shall be received to a complaint or indictment for violation of any law relative to lotteries, policy lotteries or policy, the selling of pools or registering of bets, or any form of gaming; but the defendant may be arraigned, tried, sentenced and punished under any name by which he is complained of or indicted. No such complaint or indictment shall be abated, quashed or held insufficient by reason of any alleged defect, either of form or substance, if the same is sufficient to enable the defendant to understand the charge and to prepare his defence. No variance between such complaint or indictment and the evidence shall be deemed material, unless in some matter of substance essential to the charge under the rule above prescribed.
misrepresentation Section 29. Whoever sells, exchanges or disposes of any property, or offers or attempts so to do, upon a representation, advertisement, notice or inducement that anything other than what is specifically stated to be the subject of the sale or exchange is or is to be delivered or received, or is in any way connected with or is a part of the transaction, or whoever gives a stamp, coupon or other device which entitles a purchaser to demand or receive from a person or company other than the merchant dealing in the goods purchased or the manufacturer thereof, any other property than that actually sold or exchanged, or whoever delivers by any person or company other than the merchant dealing in the goods purchased, or the manufacturer thereof, goods, wares or merchandise upon the presentation of such stamp, coupon or other device, shall be punished by a fine of not less than ten nor more than five hundred dollars.
implements to be used for gaming Section 3. Every innholder, common victualler or person keeping or suffering to be kept in any place occupied by him implements such as are used in gaming, in order that the same may for hire, gain or reward be used for amusement, who suffers implements of such kind to be used upon any part of such premises for gaming for money or other property, or who suffers a person to play at an unlawful game or sport therein, shall for the first offence forfeit not more than one hundred dollars or be imprisoned for not more than three months; and for a subsequent offence shall be imprisoned for not more than one year. In either case he shall further recognize with sufficient sureties in a reasonable sum for his good behavior, and especially that he will not be guilty of any offence against any of the provisions of sections one to six, inclusive, for three years from the date of the recognizance.
delivery Section 30. Whoever, in connection with the sale of any article or any merchandise whatsoever, sells, gives or delivers any trading stamps, checks, coupons or similar devices to be exchanged for, or to be redeemed by the giving of, any indefinite or undescribed article, the nature and value of which are not stated, or to be exchanged for, or to be redeemed by the giving of, any article not distinctly bargained for at the time when such trading stamps or other devices as aforesaid were sold, given or delivered, shall be punished by a fine of not less than ten nor more than fifty dollars.
Section 31. Whoever, except in trials of speed of horses for premiums offered by legally constituted agricultural societies, or by corporations authorized thereto by section fourteen of chapter one hundred and eighty, engages in racing, running, trotting or pacing a horse or other animal of the horse kind for a bet, wager of money or other thing of value or a purse or stake made within the commonwealth, or whoever aids or abets therein, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.
unlawful purposes Section 31A. Whoever transmits the results of a race, or information as to the progress of a race during the running thereof, in a racing meeting as defined in section one of chapter one hundred and twenty-eight A, by any means to another knowing that such results or information is to be used or intended to be used for unlawful purposes or in furtherance of unlawful gambling, shall be punished by a fine of not more than five thousand dollars or by imprisonment in a jail or house of correction for not more than two and one half years or in the state prison for not more than five years, or by both such fine and imprisonment.
This section shall not be construed as prohibiting a newspaper from printing such results for publication as news, or a television or radio station from telecasting or broadcasting such results or information as news.
Section 32. Whoever, for the purpose of competing for a purse or premium offered by an agricultural society, or by a person or association in the commonwealth, knowingly and designedly enters or drives a horse that is painted or disguised, or is a different horse from the one that purports to be entered or driven, or knowingly and designedly, for the purpose of competing for a premium or purse, enters or drives a horse in a class to which it does not belong, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.
Section 33. No land within a town shall be laid out or used as a race ground or trotting park without the previous consent of and location by the mayor and city council, the town council in a town having a town council or the selectmen in any other town, who may regulate and alter the terms and conditions under which the same shall be laid out, used or continued in use and may discontinue the same when in their judgment the public good so requires; and no land shall be used for any of the purposes declared unlawful in section thirty-one.
Section 34. Every race ground or trotting park established, laid out, used or continued in use contrary to this chapter is declared a common nuisance and may be abated as such; and all persons owning, keeping, using or permitting to be used such race ground or trotting park, or aiding or abetting therein, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.
to 38 Section 35. The following words and phrases used in this and the three following sections of this chapter shall, unless a different meaning is required by the context, have the following meanings:“Person”, an individual, partnership, corporation or association, whether acting in his or their own right or as the officer, agent, servant, correspondent or representative of another.
“Contract”, any agreement, trade or transaction.
“Securities”, all evidences of debt or property and options for the purchase and sale thereof, shares in any corporation, joint stock company or association, bonds, coupons, scrip, rights, choses in action and other evidences of debt or property and options for the purchase or sale thereof.
“Commodities”, anything movable that is bought and sold.
“Bucket shop”, any room, office, store, building or other place where any contract prohibited by the following section is made or offered to be made.
“Keeper”, any person owning, keeping, managing, operating or promoting a bucket shop, or assisting to keep, manage, operate or promote a bucket shop.
“Bucketing” or “Bucket-shopping”,(a) The making of, or offering to make, any contract respecting the purchase or sale, either upon credit or upon margin, of any securities or commodities, wherein both parties thereto intend, or such keeper intends, that such contract shall be, or may be, terminated, closed or settled according to, or upon the basis of, the public market quotations of prices made on any board of trade or exchange upon which said securities or commodities are dealt in, and without a bona fide purchase or sale of the same; or(b) The making of, or offering to make, any contract respecting the purchase or sale, either upon credit or upon margin, of any securities or commodities, wherein both parties intend, or such keeper intends, that such contract shall be, or may be, deemed terminated, closed or settled, when such public market quotations of prices for the securities or commodities named in such contract shall reach a certain figure without a bona fide purchase or sale of the same; or(c) The making of, or offering to make, any contract respecting the purchase or sale, either upon credit or upon margin, of any securities or commodities, wherein both parties do not intend, or such keeper does not intend, the actual or bona fide receipt or delivery of such securities or commodities, but do intend, or such keeper does intend, a settlement of such contract based upon the differences in such public market quotations of prices at which said securities or commodities are, or are asserted to be, bought and sold.
and foreign corporations Section 36. Whoever makes, or offers to make, any contract of bucketing or bucket-shopping, or who is the keeper of any bucket shop, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year. Whoever shall be convicted of a second offence shall be punished by imprisonment for not more than five years. The continuing of the keeping of a bucket shop, by any person, after the first conviction therefor, shall be deemed a second offence hereunder. If a domestic corporation shall be convicted of a second offence, the supreme judicial court may, upon an information in equity in the name of the attorney general, at the relation of the commissioner of revenue, dissolve the corporation; and if a foreign corporation shall be convicted of a second offence, the supreme judicial court may, in the same manner, restrain it from doing business in this commonwealth.
Section 37. Whoever shall communicate, receive, exhibit or display in any manner any statement of quotations of prices of any securities or commodities with an intent to make, or offer to make, or to aid in making, or offering to make, any contract prohibited by the preceding section shall be punished as provided therein.
commodities; written statement Section 38. Every person shall furnish, upon demand, to any customer or principal for whom such person has executed any order for the actual purchase or sale of any securities or commodities, either for immediate or future delivery, a written statement containing the names of the persons from whom such property was bought, or to whom it has been sold, as the fact may be, the time when, place where and the price at which the same was either bought or sold; and if such person refuses or neglects to furnish such statement within twenty-four hours after such demand, such refusal or neglect shall be prima facie evidence that such purchase or sale was bucketing or bucket-shopping.
Section 39. (a) Whoever, in relation to any transaction or matter concerning the business affairs of an employer, principal or beneficiary (1) offers, gives or agrees to give an agent or fiduciary of another person any benefit or anything of value with intent to influence the recipient’s conduct, or (2) as an agent or fiduciary, solicits, accepts or agrees to accept any benefit or anything of value from another person who is not an employee, principal, or beneficiary upon an agreement or understanding that such benefit or thing of value will influence his conduct, shall be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than ten thousand dollars, or both.
(b) Whoever, verbally or by a written or printed communication, threatens an economic injury to another, or threatens to deprive another of an economic opportunity, with intent to compel that person to do any act, involving the use or disposition of anything of value against his will, shall be punished by imprisonment in the state prison for not more than five years, or in the house of correction for not more than two years, or by a fine of not more than five thousand dollars, or both. The provisions of this paragraph shall not apply to any labor disputes as defined in section two of chapter one hundred and fifty A.
and others connected with, a game or contest Section 39A. Whoever gives, promises or offers to any professional or amateur baseball, football, hockey, polo, tennis or basketball player or any boxer or any player who participates or expects to participate in any professional or amateur game or sport or any jockey, driver or groom or any person participating or expecting to participate in any horse race, including owners of race tracks and their employees, stewards, trainers, judges, starters or special policemen, or to any manager, coach or trainer of any team or participant or prospective participant in any such game, contest or sport, any valuable thing with intent to influence him to lose, or try to lose, or cause to be lost, or to limit his or his team’s margin of victory in, a baseball, football, hockey or basketball game, boxing, tennis or polo match or a horse race or any professional or amateur sport, or game, in which such player or participant or jockey or driver, is taking part or expects to take part, or has any duty or connection therewith, or whoever, being a professional or amateur baseball, football, hockey, basketball, tennis or polo player, boxer, or jockey, driver, or groom or participant or prospective participant in any sport or game or a manager, coach or trainer of any team or individual participant or prospective participant in any such game, contest or sport, solicits or accepts any valuable thing to influence him to lose, or try to lose, or cause to be lost, or to limit his or his team’s margin of victory in, a baseball, football, hockey or basketball game or boxing, tennis or polo match, or horse race or any game of sport in which he is taking part, or expects to take part, or has any duty or connection therewith, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than two years, or both.
billiard table, bowling alley or other implement for gaming Section 4. Whoever, in any place mentioned in the preceding section, for the purpose of gaming for money or other property, uses or takes part in using a billiard table, bowling alley or other implement of gaming, or there plays at an unlawful game or sport, or, for the purpose of such gaming, uses or takes part in using a billiard table or bowling alley kept by a person licensed under chapter one hundred and forty, shall forfeit not more than fifty dollars.
employee of public service corporation or racing licensee on recommendation of public officer, officer elect or candidate Section 40. No railroad, street railway, electric light, gas, telegraph, telephone, water or steamboat company, and no licensee conducting a horse or dog racing meeting under chapter one hundred and twenty-eight A, shall appoint, promote, reinstate, suspend or discharge any person employed or seeking employment by any such company or licensee at the request of the governor, lieutenant governor, or any member or member elect of the council or of the general court, or candidate therefor, justice of the supreme judicial court, justice of the superior court, judge of probate, judge of the land court, justice of a district court, district attorney, member or member elect of a board of county commissioners, or candidate for county commissioner, mayor or mayor elect of a city, or candidate therefor, member or member elect of a board of aldermen, or selectmen, or city council, or any executive, administrative or judicial officer, clerk or employee of any branch of the government of the commonwealth or of any county, city or town; nor shall any such public officer or body, or any member or member elect thereof or candidate therefor, directly or indirectly advocate, oppose or otherwise interfere in, or make any request, recommendation, endorsement, requirement or certificate relative to, and the same, if made, shall not be required as a condition precedent to, or be in any way regarded or permitted to influence or control, the appointment, promotion, reinstatement or retention of any person employed or seeking employment by any such company or licensee, and no such person shall solicit, obtain, exhibit, or otherwise make use of any such official request, recommendation, certificate or endorsement in connection with any existing or desired employment by a public service corporation or by any such licensee. Any person or corporation violating any provision of this section shall be punished by a fine of not less than fifty nor more than one hundred dollars.
Section 41. The offices of probation officer, notary public, justice of the peace, prison officer, agent of the commissioner of correction and agent of the department of public welfare shall not be considered public offices within the meaning of the preceding section.
selling pools Section 42. Whoever bets or wagers or sells pools on any boxing or sparring match or exhibition shall be punished by imprisonment for not less than three months or by a fine of not less than fifty dollars, or both.
information concerning public assistance Section 43. Any person who, except for purposes directly connected with the administration of general public assistance, old age assistance, aid to the blind, or aid to families with dependent children, and in accordance with the rules and regulations of the department of transitional assistance made under authority of section ten of chapter eighteen, or of the commission for the blind made under authority of section one hundred and forty-nine of chapter six, as the case may be, shall solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of, or names of, or any information concerning, persons applying for or receiving general public assistance, old age assistance, aid to families with dependent children or aid to the blind, directly or indirectly derived from the records, papers, files or communications of the department of transitional assistance, any city or town welfare department or bureau of old age assistance, or the commission for the blind, as the case may be, or acquired in the course of the performance of official duties, shall be punished by a fine of not more than one hundred dollars. Nothing herein shall be construed to prevent the disclosure by the commissioner of revenue to the commissioner of transitional assistance or to the IV-D agency as set forth in chapter one hundred and nineteen A, in concert with a wage reporting system, of such information as may be necessary to ascertain or confirm the existence of fraud, abuse or improper payments to an applicant, for or recipient of, public assistance; and nothing herein shall be construed to prevent the disclosure to said IV-D agency of information necessary for setoff debt collection pursuant to chapter sixty-two D or any other child support enforcement purpose.
release or statement; admissibility Section 44. Except as provided below, no settlement or general release or statement in writing signed by any person confined in a hospital or sanitarium as a patient with reference to any personal injuries for which said person is confined in said hospital or sanitarium shall be admissible in evidence, used or referred to in any manner at the trial of any action to recover damages for personal injuries or consequential damages, so called, resulting therefrom, which statement, settlement or general release was obtained within fifteen days after the injuries were sustained and such settlement or release shall be null and void unless at least five days prior to the obtaining or procuring of such general release or statement such injured party had signified in writing his willingness that such general release or statement be given. This section shall not apply to statements or releases obtained by police officers or inspectors of motor vehicles in the performance of their duty, members of the family of such person or by or on behalf of his attorney. The provisions of this section shall not apply to chapter one hundred and fifty-two.
refrigerative purposes; removal of doors Section 46. Whoever fails to remove the door or doors from a container originally used for refrigerative purposes before discarding it, or setting it aside for failure to use such container, or before keeping it out of doors for sale or any other purpose in a place accessible to unattended children, shall be punished by a fine of not more than one thousand dollars.
installation; notices of convictions and removals Section 47. A telephone shall not be installed for a person convicted of an illegal gaming activity under this chapter without the approval in writing of the head of both the police department of the municipality in which such telephone would be installed and the head of the criminal information section of the state police, and a telephone shall not be reinstalled without such approval for a period of one year from the date of removal in any premises from which it has been removed for such illegal activity, whether or not there has been a conviction. The criminal information section shall notify the telephone companies of convictions in such cases, and telephone companies doing business in the commonwealth shall notify the criminal information section of the state police of any such removals.
Section 48. Any school or person offering courses in preparation for civil service examinations shall cause to be printed in bold type on all its advertisements and circulars and all contracts to be entered into with prospective students a statement that disabled veterans who qualify for appointment must be given preference for appointment over veterans and non-veterans and that veterans must be given preference over non-veterans. Whoever violates the provisions of this section shall be punished by a fine of not less than fifty nor more than five hundred dollars.
Section 49. (a) Whoever in exchange for either a loan of money or other property knowingly contracts for, charges, takes or receives, directly or indirectly, interest and expenses the aggregate of which exceeds an amount greater than twenty per centum per annum upon the sum loaned or the equivalent rate for a longer or shorter period, shall be guilty of criminal usury and shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. For the purposes of this section the amount to be paid upon any loan for interest or expenses shall include all sums paid or to be paid by or on behalf of the borrower for interest, brokerage, recording fees, commissions, services, extension of loan, forbearance to enforce payment, and all other sums charged against or paid or to be paid by the borrower for making or securing directly or indirectly the loan, and shall include all such sums when paid by or on behalf of or charged against the borrower for or on account of making or securing the loan, directly or indirectly, to or by any person, other than the lender, if such payment or charge was known to the lender at the time of making the loan, or might have been ascertained by reasonable inquiry.
(b) Whoever, with knowledge of the contents thereof, possesses any writing, paper, instrument or article used to record a transaction proscribed under the provisions of paragraph (a) shall be punished by imprisonment in a jail or house of correction for not more than two and one half years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment.
(c) Any loan at a rate of interest proscribed under the provisions of paragraph (a) may be declared void by the supreme judicial or superior court in equity upon petition by the person to whom the loan was made.
(d) The provisions of paragraph (a) to (c), inclusive, shall not apply to any person who notifies the attorney general of his intent to engage in a transaction or transactions which, but for the provisions of this paragraph, would be proscribed under the provisions of paragraph (a) providing any such person maintains records of any such transaction. Such notification shall be valid for a two year period and shall contain the person’s name and accurate address. No lender shall publicly advertise the fact of such notification nor use the fact of such notification to solicit business, except that such notification may be revealed to an individual upon his inquiry. Illegal use of such notification shall be punished by a fine of one thousand dollars. Such records shall contain the name and address of the borrower, the amount borrowed, the interest and expenses to be paid by the borrower, the date the loan is made and the date or dates on which any payment is due. Any such records shall be made available to the attorney general for the purposes of inspection upon his request. Such records and their contents shall be confidential but may be used by the attorney general, or any district attorney with the approval of the attorney general, for the purposes of conducting any criminal proceeding to which such records or their contents are relevant.
(e) The provisions of this section shall not apply to any loan the rate of interest for which is regulated under any other provision of general or special law or regulations promulgated thereunder or to any lender subject to control, regulation or examination by any state or federal regulatory agency.
or apparatus for gaming Section 5. Whoever keeps or assists in keeping a common gaming house, or building or place occupied, used or kept for the purposes described in section twenty-three, or is found playing or present as provided in said section, or commonly keeps or suffers to be kept, in a building or place actually used and occupied by him, tables or other apparatus for the purpose of playing at an unlawful game or sport for money or any other valuable thing, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than three months.
examinations for another at educational institutions Section 50. Whoever, alone or in concert with others, sells to another, or arranges for or assists in such sale for another, a theme, term paper, thesis or other paper or the written results of research, knowing or having reason to know that such theme, term paper, thesis or other paper or research results or substantial material therefrom will be submitted or used by some other person for academic credit and represented as the original work of such person at an educational institution in the commonwealth or elsewhere without proper attribution as to source, or whoever takes an examination for another at any educational institution in the commonwealth, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, or both.
machines Section 5A. Whoever manufactures, transports, sells, offers for sale, stores, displays, repairs, reconditions, possesses or uses any gambling device or parts for use therein shall be punished by a fine of not more than five thousand dollars; provided, however, that fifty percent of the said fine shall be remitted to the city or town in which the violation occurred. The remaining fifty percent shall be remitted to the general fund of the commonwealth. As used in this section, the term “gambling device” means any so called “slot machine” or any other machine or mechanical device an essential part of which is a drum or reel with insignia thereon, and which, when operated, may deal, as a result of the application of an element of chance, any money or property; or by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or any sub-assembly or essential part intended to be used in connection with any such machine or mechanical device. Any gambling device or parts for use therein manufactured, transported, sold, offered for sale, stored, displayed, repaired, reconditioned, possessed or used in violation of this section shall be seized and be forfeited to the commonwealth and disposed of in the manner provided under the provisions of chapter two hundred and seventy-six. In respect to their constitutionality, the provisions of this section are hereby declared to be separable.
It shall be a defense to any prosecution under this section to show that the slot machine is an antique slot machine and was not operated for gambling purposes while in the defendant’s possession. For the purposes of this section, a slot machine shall be presumed to be an antique slot machine, if it was manufactured at least thirty years prior to either the arrest of the defendant, or seizure of the machine.
or public gathering; arrest without warrant Section 6. Whoever, during or within twelve hours of the time of holding a cattle show, military muster or public gathering, within one mile of the place thereof, practices or engages in any gambling or unlawful game, shall forfeit not more than twenty dollars. If discovered in the act, he may be arrested without a warrant by any sheriff, deputy sheriff, constable or any officer qualified to serve criminal process, and held in custody, in jail or otherwise, for not more than twenty-four hours, Sunday and legal holidays excepted, until a complaint may be made against him for such offence.
more purchasers; injunction; receivers Section 6A. Whoever sets up or promotes a plan by which goods or anything of value is sold to a person for a consideration and upon the further consideration that the purchaser agrees to secure one or more persons to participate in the plan by respectively making a similar purchase or purchases and in turn agreeing to secure one or more persons likewise to join in the said plan, each purchaser being given the right to secure money, credits, goods or something of value, depending upon the number of persons joining in the plan, shall be held to have set up and promoted a lottery and shall be punished as provided in section seven. The supreme judicial court shall have jurisdiction in equity upon a petition filed by the attorney general to enjoin the further prosecution of any such plan and to appoint receivers to secure and distribute the assets received thereunder.
Section 6B. Whoever, except as provided in section twenty-two B, sets up or promotes the game commonly known as skilo or any similar game regardless of name, shall be held to have set up and promoted a lottery and shall be punished as provided in section seven.
Section 7. Whoever sets up or promotes a lottery for money or other property of value, or by way of lottery disposes of any property of value, or under the pretext of a sale, gift or delivery of other property or of any right, privilege or thing whatever disposes of or offers or attempts to dispose of any property, with intent to make the disposal thereof dependent upon or connected with chance by lot, dice, numbers, game, hazard or other gambling device, whereby such chance or device is made an additional inducement to the disposal or sale of said property, and whoever aids either by printing or writing, or is in any way concerned, in the setting up, managing or drawing of such lottery, or in such disposal or offer or attempt to dispose of property by such chance or device, shall be punished by a fine of not more than three thousand dollars or by imprisonment in the state prison for not more than three years, or in jail or the house of correction for not more than two and one half years.
organizations Section 7A. In this section the following words shall have the following meanings:“Raffle”, an arrangement for raising money by the sale of tickets, certain among which, as determined by chance after the sale, entitle the holders to prizes.
“Bazaar”, a place maintained by the sponsoring organization for disposal by means of chance of one or both of the following types of prizes: (1) merchandise, of any value, (2) cash awards, not to exceed twenty-five dollars each.
Notwithstanding any other provisions of law, raffles and bazaars may be promoted, operated and conducted under permits issued in accordance with the provisions of this section.
No organization, society, church or club which conducts a raffle or bazaar under the provisions of this section shall be deemed to have set up and promoted a lottery and nothing in this chapter shall authorize the prosecution, arrest or conviction of any person connected with the operation of any such raffle or bazaar; provided, however, that nothing contained in this section shall be construed as permitting the game commonly known as “beano” or any similar game regardless of name.
No raffle or bazaar shall be promoted, operated or conducted by any person or organization, unless the same is sponsored and conducted exclusively by (a) a veterans’ organization chartered by the Congress of the United States or included in clause (12) of section five of chapter forty of the General Laws; (b) a church or religious organization; (c) a fraternal or fraternal benefit society; (d) an educational or charitable organization; (e) a civic or service club or organization; and (f) clubs or organizations organized and operated exclusively for pleasure, recreation and other nonprofit purposes, no part of the net earnings of which inures to the benefit of any member or shareholder. Such organization shall have been organized and actively functioning as a nonprofit organization in the commonwealth for a period of not less than two years before it may apply for a permit. The promotion and operation of the raffle or bazaar shall be confined solely to the qualified members of the sponsoring organization and no such member shall receive remuneration in any form for time or effort devoted to the promotion or operation of such raffle or bazaar. All funds derived from any raffle or bazaar shall be used exclusively for the purposes stated in the application of the sponsoring organization which purposes shall be limited to educational, charitable, religious, fraternal or civic purposes or for veterans’ benefits. An organization which meets the qualifications required by this section and which desires to conduct or operate a raffle or bazaar within the commonwealth shall apply for a permit to conduct raffles and bazaars from the clerk of the city or town in which the raffle will be drawn or the bazaar held. The application form shall be approved by the commissioner of public safety and shall include the name and address of the applicant, the evidence on which the applicant relies in order to qualify under this section, the names of three officers or members of the organization who shall be responsible for the operation of the raffle or bazaar, and the uses to which the net proceeds will be applied. Unless otherwise established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, a fee of ten dollars shall accompany each such application and shall be retained by the city or town, but in no event shall any such fee be greater than fifty dollars. Upon receipt of such application, the clerk shall determine whether it is in conformity with this section. If the clerk so determines, he shall forward the application to the chief of police of the city or town, who shall determine whether the applicant is qualified to operate raffles and bazaars under this section. If the chief of police so determines, he shall endorse the application and return it to the clerk, who shall forthwith issue a permit, which shall be valid for one year from the date of its issuance. The clerk shall retain a copy of the application and shall send a copy to the commissioner of public safety. If there is any change in the facts set forth in the application for a permit subsequent to the making of such application, the applicant shall forthwith notify the authority granting such permit of such change, and such authority shall issue such permit if the applicant is qualified, or, if a permit has already been issued and the change in the facts set forth in the application disqualify the applicant revoke such permit.
If an application is not acted upon within thirty days after it is submitted, or if the organization is refused a permit, or if a permit is revoked, any person named on the application may obtain judicial review of such refusal or revocation by filing within ten days of such refusal or revocation or within ten days of the expiration of such thirty day period a petition for review in the district court having jurisdiction in the city or town in which such application was filed. A justice of said court, after a hearing, may direct that such permit be issued, if he is satisfied that there was no reasonable ground for refusing such permit, and that the applicant was not prohibited by law from holding raffles or bazaars.
An organization issued a permit under this section shall within thirty days of the expiration of its permit submit a report on a form to be approved by the commissioner of public safety. Such form shall require information concerning the number of raffles and bazaars held, the amount of money received, the expenses connected with the raffle or bazaar, the names of the winners of prizes exceeding twenty-five dollars in value, the net proceeds of the raffles and bazaars, and the uses to which the net proceeds were applied. The organization shall maintain and keep such books and records as may be necessary to substantiate the particulars of such report, which books and records shall be preserved for at least one year from the date of such report and shall be available for inspection. Such report shall be certified to by the three persons designated in the permit application as being responsible for such raffle or bazaar and by an accountant. Two copies of said report shall be filed with city or town clerk. The clerk shall send one copy to the commissioner of public safety. Failure to file said report shall constitute sufficient grounds for refusal to renew a permit to conduct raffles or bazaars. The fee for renewal of such permit shall be ten dollars.
The authority granting any permit under this section shall immediately revoke the same for a violation of any provision of this section and shall not issue any permit to such permittee within three years from the date of such violation. Any person aggrieved by the action of such authority revoking such permit may appeal to the district court having jurisdiction in the city or town where the permit was issued; provided that such appeal shall be filed in such court within twenty days following receipt of notification by said authority. The court shall hear all pertinent evidence and determine the facts and upon the facts so determined annul such action or make such decision as equity may require. The foregoing remedy shall be exclusive.
Any organization conducting or operating a raffle or bazaar under this section shall file a return with the state lottery commission, on a form prepared by it, within ten days after the raffle or bazaar is held and shall pay therewith a tax of five per cent of the gross proceeds derived from such raffle or bazaar.
All sums received by said commission from the tax imposed by this section as taxes, interest thereon, fees, penalties, forfeitures, costs of suits or fines, less all amounts refunded thereon, together with any interest or costs paid on account of such refunds, shall be paid into the treasury of the commonwealth.
Whoever violates any provision of this section or submits false information on an application or report required under this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than one year, or both.
No person who prints or produces tickets, cards or any similar article used in the conduct of a bazaar or raffle pursuant to a permit issued under the provisions of this section shall be subject to any penalty therefor, provided that a certified copy of such permit was presented to him prior to his undertaking to print or produce such tickets or cards.
No organization issued a permit under this section shall conduct more than three bazaars in any single calendar year nor shall such organization conduct more than one bazaar in any single calendar day. The operation of a bazaar shall be limited to five consecutive hours.
in buildings Section 8. Whoever, in a house, shop or building owned or occupied by him or under his control, knowingly permits the setting up, managing or drawing of such lottery, or such disposal or attempt to dispose of property, or the sale of a lottery ticket or share of a ticket, or any other writing, certificate, bill, token or other device purporting or intended to entitle the holder, bearer or any other person to a prize or to a share of or interest in a prize to be drawn in a lottery, or in such disposal of property, and whoever knowingly suffers money or other property to be raffled for in such house, shop or building, or to be won there by throwing or using dice or by any other game of chance, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.
Section 9. Whoever, for himself or for another, sells or offers for sale or has in his possession with intent to sell or offer for sale, or to exchange or negotiate, or aids or assists in the selling, exchanging, negotiating or disposing of a ticket in such lottery, or a share of a ticket, or any such writing, certificate, bill, token or other device, or a share or right in such disposal or offer, as is mentioned in section seven, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.
Section 1. Whoever fraudulently and deceitfully entices or takes away an unmarried person under sixteen from the house of such person’s parents or elsewhere, without the consent of the parent or guardian, if any, under whose care and custody such person is living, for the purpose of effecting a clandestine marriage of such person without the consent of such parent or guardian, shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or both.
Section 10. Nothing in the preceding section shall prevent the arrest and detention without a warrant of any person who, the officer serving said process may have reasonable cause to believe, is violating any provision of this chapter, or is keeping a house, room or place resorted to for prostitution or lewdness, and said officer may upon such search arrest without a warrant any such person, and detain him until complaint may be made against him.
relating to cruelty to animals or animal fighting [Text of section added by 2002, 435. See also, Section 104 added by 2004, 395, Sec. 6, below.
] Section 104. (a) As used in this section the word “Authority” shall mean an organization or authorized agent thereof that seizes or impounds an animal pursuant to the General Laws.
(b) If an animal is lawfully seized or impounded pursuant to the General Laws relating to cruelty to animals or animal fighting, the owner, custodian or person claiming an interest in the animal, shall be given a show cause hearing within 30 days after application for the complaint.
(c) If an animal is lawfully seized and impounded, the authority may file a petition with the court requesting that the person from whom an animal is seized or a person claiming an interest in the seized animal, be ordered to post a security. The authority shall serve a copy of the petition on the person from whom the animal was seized, or if the person cannot be found, by posting of copy at the place where the animal was taken into custody. The authority shall also serve a copy of the petition on the district attorney. The court may order that person to post a security.
(d) The security shall be in an amount sufficient to secure payment for all reasonable expenses to be incurred by the authority having custody of the seized animal for a temporary period of at least 30 days. The amount of the security shall be determined by the court upon the recommendation of the authority. Reasonable expenses shall include, but shall not be limited to, estimated medical care, shelter, and board.
(e) When security is posted in accordance with this section, the authority may draw from the security the actual reasonable costs incurred for medical care, shelter, and board.
(f) If the court orders the posting of security, the security shall be posted with the clerk within 10 business days of the show cause hearing. The court shall order the immediate forfeiture of the seized animal to the authority if the person fails to post security as ordered. The court may waive the security requirement or reduce the amount of the security for good cause shown.
(g) Posting of the security shall not prevent the authority from disposing of the seized or impounded animal before the expiration of the period covered by the security, if the court rules in favor of the authority.
(h) The authority may humanely dispose of the animal at the end of the period for which expenses are covered by the security, if the court orders the disposition. If the disposition order is denied, the court may require the owner or custodian or any other person claiming interest in the animal, to provide additional security to secure payment of reasonable expenses and to extend the period of time pending adjudication by the court of the charges against the person from whom the animal was seized.
(i) The owner or custodian of an animal humanely killed pursuant to this section shall not be entitled to recover damages or the actual value of the animal if the owner or custodian failed to post security.
(j) The court may direct a refund to the person who posted the security in whole or part for any expenses not incurred by the authority. The court may direct a refund to the person who posted security upon acquittal of the charges. Chapter 272: Section 104. Photographing, videotaping or electronically surveilling partially nude or nude person; exceptions; punishment [Text of section added by 2004, 395, Sec. 6. See also, Section 104 added by 2002, 435, above.
] Section 104. (a) As used in this section, the following words shall have the following meanings:“Electronically surveils” or “electronically surveilled”, to view, obtain or record a person’s visual image by the use or aid of a camera, cellular or other wireless communication device, computer, television or other electronic device.
“Partially nude” the exposure of the human genitals, buttocks, pubic area or female breast below a point immediately above the top of the areola.
(b) Whoever willfully photographs, videotapes or electronically surveils another person who is nude or partially nude, with the intent to secretly conduct or hide such activity, when the other person in such place and circumstance would have a reasonable expectation of privacy in not being so photographed, videotaped or electronically surveilled, and without that person’s knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment.
(c) Whoever willfully disseminates the visual image of another person who is nude or partially nude, with knowledge that such visual image was unlawfully obtained in violation of subsection (b) and without consent of the person so depicted, shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or in state prison for a period of not more than 5 years, or by a fine of not more than $10,000, or by both such fine and imprisonment.
(d) This section shall not apply to a merchant that electronically surveils a customer changing room, provided that signage warning customers of the merchant’s surveillance activity is conspicuous posted at all entrances, and in the interior of any changing room electronically surveilled.
(e) This section shall not apply to a law enforcement officer when acting within the scope of the officer’s authority under applicable law, or by an order or warrant issued by a court.
(f) A sheriff, deputy sheriff or police officer may arrest without a warrant, any person believed upon probable cause to have violated this section.
(g) Any photograph, videotape or other recorded visual image, depicting a person who is nude or partially nude that is part of any court record arising from a prosecution under this section, shall not be open to public inspection and shall only be made available for inspection by court personnel to any law enforcement officer, prosecuting attorney, defendant’s attorney, defendant, or victim connected to such prosecution, unless otherwise ordered by the court.
(h) A justice of the superior court or district court in a prosecution under this section may issue appropriate orders to restrain or prevent the unlawful dissemination of a person’s visual image in violation of this section.
Section 11. A person shall not be convicted under sections 2, 4 and 6 upon the evidence of one witness only, unless his testimony is corroborated in a material particular, and prosecution for a violation of any of said sections shall not be commenced more than one year after the commission of the crime.
for, prostitution; employment office procuring person Section 12. Whoever knowingly procures, entices, sends, or aids or abets in procuring, enticing or sending, a person to practice prostitution, or to enter as an inmate or a servant a house of ill fame or other place resorted to for prostitution, whether within or without the commonwealth, shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment for not less than three months nor more than two years. Whoever as a proprietor or keeper of an employment agency, either personally or through an agent or employee, procures or sends a person to enter as aforesaid a house of ill fame or other place resorted to for prostitution, the character of which on reasonable inquiry could have been ascertained by him, shall be punished by a fine of not less than fifty nor more than two hundred dollars.
place for prostitution Section 13. Whoever, for any length of time, unlawfully detains or attempts to detain, or aids or abets in unlawfully detaining or attempting to detain, or provides or administers or aids or abets in providing or administering any drug or liquor for the purpose of detaining a person in a house of ill fame or other place where prostitution is practiced or allowed, shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not less than one nor more than two and one half years or by a fine of not less than one hundred nor more than five hundred dollars.
Section 14. A married person who has sexual intercourse with a person not his spouse or an unmarried person who has sexual intercourse with a married person shall be guilty of adultery and shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than five hundred dollars.
Section 15. Whoever, having a former husband or wife living, marries another person or continues to cohabit with a second husband or wife in the commonwealth shall be guilty of polygamy, and be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one half years or by a fine of not more than five hundred dollars; but this section shall not apply to a person whose husband or wife has continually remained beyond sea, or has voluntarily withdrawn from the other and remained absent, for seven consecutive years, the party marrying again not knowing the other to be living within that time, nor to a person who has been legally divorced from the bonds of matrimony.
Section 16. A man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars.
Section 17. Persons within degrees of consanguinity within which marriages are prohibited or declared by law to be incestuous and void, who intermarry or have sexual intercourse with each other, or who engage in sexual activities with each other, including but not limited to, oral or anal intercourse, fellatio, cunnilingus, or other penetration of a part of a person’s body, or insertion of an object into the genital or anal opening of another person’s body, or the manual manipulation of the genitalia of another person’s body, shall be punished by imprisonment in the state prison for not more than 20 years or in the house of correction for not more than 21/2 years.
Section 18. Whoever commits fornication shall be punished by imprisonment for not more than three months or by a fine of not more than thirty dollars.
Section 19. Whoever, with intent to procure the miscarriage of a woman, unlawfully administers to her, or advises or prescribes for her, or causes any poison, drug, medicine or other noxious thing to be taken by her or, with the like intent, unlawfully uses any instrument or other means whatever, or, with like intent, aids or assists therein, shall, if she dies in consequence thereof, be punished by imprisonment in the state prison for not less than five nor more than twenty years; and, if she does not die in consequence thereof, by imprisonment in the state prison for not more than seven years and by a fine of not more than two thousand dollars.
intercourse Section 2. Whoever fraudulently and deceitfully entices or takes away a person from the house of his parent or guardian or elsewhere, for the purpose of prostitution or for the purpose of unlawful sexual intercourse, and whoever aids and assists in such abduction for such purpose, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment in jail.
prevention of pregnancy Section 20. Except as provided in section twenty-one A, whoever knowingly advertises, prints, publishes, distributes or circulates, or knowingly causes to be advertised, printed, published, distributed or circulated, any pamphlet, printed paper, book, newspaper, notice, advertisement or reference containing words or language giving or conveying any notice, hint or reference to any person, or to the name of any person, real or fictitious, from whom, or to any place, house, shop or office where any poison, drug, mixture, preparation, medicine or noxious thing, or any instrument or means whatever, or any advice, direction, information or knowledge may be obtained for the purpose of causing or procuring the miscarriage of a woman pregnant with child or of preventing, or which is represented as intended to prevent, pregnancy shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two and one half years or by a fine of not more than one thousand dollars.
prevention of conception or abortion, in general Section 21. Except as provided in section twenty-one A, whoever sells, lends, gives away, exhibits, or offers to sell, lend or give away an instrument or other article intended to be used for self-abuse, or any drug, medicine, instrument or article whatever for the prevention of conception or for causing unlawful abortion, or advertises the same, or writes, prints, or causes to be written or printed a card, circular, book, pamphlet, advertisement or notice of any kind stating when, where, how, of whom or by what means such article can be purchased or obtained, or manufactures or makes any such article shall be punished by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years or by a fine of not less than one hundred nor more than one thousand dollars.
prevention of pregnancy or conception Section 21A. A registered physician may administer to or prescribe for any married person drugs or articles intended for the prevention of pregnancy or conception. A registered pharmacist actually engaged in the business of pharmacy may furnish such drugs or articles to any married person presenting a prescription from a registered physician.
A public health agency, a registered nurse, or a maternity health clinic operated by or in an accredited hospital may furnish information to any married person as to where professional advice regarding such drugs or articles may be lawfully obtained.
This section shall not be construed as affecting the provisions of sections twenty and twenty-one relative to prohibition of advertising of drugs or articles intended for the prevention of pregnancy or conception; nor shall this section be construed so as to permit the sale or dispensing of such drugs or articles by means of any vending machine or similar device.
facility; abortion or sterilization procedures; contraceptive devices and family planning services Section 21B. No privately controlled hospital or other health facility shall be required to admit any patient for the purpose of performing an abortion, performing any sterilization procedure, or receiving contraceptive devices or information.
No privately controlled hospital or other privately controlled health facility shall be required to permit any patient to have an abortion, or any sterilization procedure performed in said hospital or other health facility, or to furnish contraceptive devices or information to such patient, nor shall such a hospital or other health facility be required to furnish any family planning services within or through said hospital or other health facility or to make referrals to any other hospital or health facility for such services when said services or referrals are contrary to the religious or moral principles of said hospital or said health facility as expressed in its charter, by-laws or code of ethics, or vote of its governing body.
Any such hospital or other health facility exercising the rights granted in this section shall not on account of the exercise thereof, be disciplined or discriminated against in any manner or suffer any adverse determination by any person, firm, corporation, or other entity, including but in no way limited to any political subdivision, board, commission, department, authority, or agency of the commonwealth.
Section 22. A parent who conceals the death of the issue of such parent, which if born alive would be a child born out of wedlock, so that it cannot be ascertained whether it was born alive or, if born alive, whether it was murdered, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than one year.
Sec. 22 Section 23. A parent indicted for murder of the infant child born out of wedlock of such parent may also be charged in the same indictment with the crime described in the preceding section, and if acquitted of murder, such parent may be convicted of the concealment.
Section 24. Whoever keeps a house of ill fame which is resorted to for prostitution or lewdness shall be punished by imprisonment for not more than two years.
patrons; barricaded entrances Section 25. Any person owning, managing or controlling a restaurant, tavern or other place in any town, where food or drink is sold to the public to be consumed upon the premises or required to be licensed under chapter one hundred and thirty-eight, and any employee of such person, who provides, maintains, uses or permits the use of a booth, stall or enclosure of any description whatever which is so closed by curtains, screens or other devices that the persons within cannot at any time plainly be seen by other persons in such restaurant, tavern or other place, or in any division thereof, unless the enclosure is approved by the licensing authorities, and any person conducting such an establishment who maintains barred or barricaded entrances or exits thereto or other devices or appliances designed to impede access thereto by police officers, official inspectors and other officers entitled to enter the same, shall be punished by a fine of not less than fifty nor more than five hundred dollars or by imprisonment for not more than six months, or both.
purposes Section 26. Whoever, for the purpose of immoral solicitation or immoral bargaining, shall resort to any café, restaurant, tavern, as defined in section one of chapter one hundred and thirty-eight, or other place where food or drink is sold or served to be consumed upon the premises, and whoever shall resort to any such place for the purpose of, in any manner, inducing another person to engage in immoral conduct, and whoever, being in or about any such place, shall engage in any such acts, and any person owning, managing or controlling such place and any employee of such person who induces or knowingly suffers any person to resort to, or be in such place for the purpose of immoral solicitation or immoral bargaining, shall be punished by a fine of not less than twenty-five nor more than five hundred dollars or by imprisonment for not more than one year, or both.
sent to licensing officers Section 27. The clerk of the court in which any person is convicted of a violation of either of the two preceding sections shall forthwith send a copy of the record of such conviction to the officer or board issuing any license or licenses under which the place where the offence was committed is conducted.
possession; defenses Section 28. Whoever disseminates to a minor any matter harmful to minors, as defined in section thirty-one, knowing it to be harmful to minors, or has in his possession any such matter with the intent to disseminate the same to minors, shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years, or by a fine of not less than one thousand nor more than ten thousand dollars for the first offense, not less than five thousand nor more than twenty thousand dollars for the second offense, or not less than ten thousand nor more than thirty thousand dollars for the third and subsequent offenses, or by both such fine and imprisonment. A prosecution commenced under this section shall not be continued without a finding nor placed on file. It shall be a defense in any prosecution under this section that the defendant was in a parental or guardianship relationship with the minor. It shall also be a defense in any prosecution under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.
order of notice to show cause; notice of order; interlocutory adjudication; defense Section 28C. Whenever there is reasonable cause to believe that a book which is being disseminated, or is in the possession of any person who intends to disseminate the same, is obscene, the attorney general, or any district attorney within his district, shall bring an information or petition in equity in the superior court directed against said book by name. Upon the filing of such information or petition in equity, a justice of the superior court shall, if, upon a summary examination of the book, he is of opinion that there is reasonable cause to believe that such book is obscene, issue an order of notice, returnable in or within thirty days, directed against such book by name and addressed to all persons interested in the dissemination thereof, to show cause why said book should not be judicially determined to be obscene. Notice of such order shall be given by publication once each week for two successive weeks in a daily newspaper published in the city of Boston and, if such information or petition be filed in any county other than Suffolk county, then by publication also in a daily newspaper published in such other county. A copy of such order of notice shall be sent by registered mail to the publisher of said book, to the person holding the copyrights, and to the author, in case the names of any such persons appear upon said book, fourteen days at least before the return day of such order of notice. After the issuance of an order of notice under the provisions of this section, the court shall, on motion of the attorney general or district attorney, make an interlocutory finding and adjudication that said book is obscene, which finding and adjudication shall be of the same force and effect as the final finding and adjudication provided in section twenty-eight E or section twenty-eight F, but only until such final finding and adjudication is made or until further order of the court. It shall be an affirmative defense under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.
Section 28D. Any person interested in the dissemination of said book may appear and file an answer on or before the return day named in said notice or within such further time as the court may allow, and may claim a right to trial by jury on the issue whether said book is obscene.
Section 28E. If no person appears and answers within the time allowed, the court may at once upon motion of the petitioner, or of its own motion, no reason to the contrary appearing, order a general default and if the court finds that the book is obscene, may make an adjudication against the book that the same is obscene.
Section 28F. If an appearance is entered and answer filed, the case shall be set down for speedy hearing, but a default and order shall first be entered against all persons who have not appeared and answered, in the manner provided in section twenty-eight E. Such hearing shall be conducted in accordance with the usual course of proceedings in equity including all rights of exception and appeal. At such hearing the court may receive the testimony of experts and may receive evidence as to the literary, artistic, political or scientific character of said book and as to the manner and form of its dissemination. Upon such hearing, the court may make an adjudication in the manner provided in said section twenty-eight E.
relief claimed on issue of knowledge Section 28G. An information or petition in equity under the provisions of section twenty-eight C shall not be open to objection on the ground that a mere judgment, order or decree is sought thereby and that no relief is or could be claimed thereunder on the issue of the defendant’s knowledge as to the obscenity.
under Sec. 29; presumptions as to knowledge Section 28H. In any trial under section twenty-nine on an indictment found or a complaint made for any offence committed after the filing of a proceeding under section twenty-eight C, the fact of such filing and the action of the court or jury thereon, if any, shall be admissible in evidence. If prior to the said offence a final decree had been entered against the book, the defendant, if the book be obscene, shall be conclusively presumed to have known said book to be obscene, or if said decree had been in favor of the book he shall be conclusively presumed not to have known said book to be obscene, or if no final decree had been entered but a proceeding had been filed prior to said offence, the defendant shall be conclusively presumed to have had knowledge of the contents of said book.
institution of proceedings for dissemination of obscene books Section 28I. The procedures set forth in sections twenty-eight C, twenty-eight D, twenty-eight E, twenty-eight G and twenty-eight H shall be a condition precedent to the institution of any proceedings pursuant to section twenty-nine or thirty for dissemination of obscene books.
punishment; defense Section 29. Whoever disseminates any matter which is obscene, knowing it to be obscene, or whoever has in his possession any matter which is obscene, knowing it to be obscene, with the intent to disseminate the same, shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than one thousand nor more than ten thousand dollars for the first offense, not less than five thousand nor more than twenty thousand dollars for the second offense, or not less than ten thousand nor more than thirty thousand dollars for the third and subsequent offenses, or by both such fine and imprisonment. A prosecution commenced under this section shall not be continued without a finding nor placed on file. It shall be a defense under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.
or sexual conduct; punishment Section 29A. (a) Whoever, either with knowledge that a person is a child under eighteen years of age or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, and with lascivious intent, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to pose or be exhibited in a state of nudity, for the purpose of representation or reproduction in any visual material, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.
(b) Whoever, either with knowledge that a person is a child under eighteen years of age or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to participate or engage in any act that depicts, describes, or represents sexual conduct for the purpose of representation or reproduction in any visual material, or to engage in any live performance involving sexual conduct, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.
(c) In a prosecution under this section, a minor shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.
(d) For the purposes of this section, the determination whether the person in any visual material prohibited hereunder is under eighteen years of age may be made by the personal testimony of such person, by the testimony of a person who produced, processed, published, printed or manufactured such visual material that the child therein was known to him to be under eighteen years of age, or by expert medical testimony as to the age of the person based upon the person’s physical appearance, by inspection of the visual material, or by any other method authorized by any general or special law or by any applicable rule of evidence.
state of nudity or sexual conduct; punishment Section 29B. (a) Whoever, with lascivious intent, disseminates any visual material that contains a representation or reproduction of any posture or exhibition in a state of nudity involving the use of a child who is under eighteen years of age, knowing the contents of such visual material or having sufficient facts in his possession to have knowledge of the contents thereof, or has in his possession any such visual material knowing the contents or having sufficient facts in his possession to have knowledge of the contents thereof, with the intent to disseminate the same, shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment.
(b) Whoever with lascivious intent disseminates any visual material that contains a representation or reproduction of any act that depicts, describes, or represents sexual conduct participated or engaged in by a child who is under eighteen years of age, knowing the contents of such visual material or having sufficient facts in his possession to have knowledge of the contents thereof, or whoever has in his possession any such visual material knowing the contents or having sufficient facts in his possession to have knowledge of the contents thereof, with the intent to disseminate the same, shall be punished in the state prison for a term of not less than ten nor more than twenty years or by a fine of not less than ten thousand nor more than fifty thousand dollars or three times the monetary value of any economic gain derived from said dissemination, whichever is greater, or by both such fine and imprisonment.
(c) For the purposes of this section, the determination whether the child in any visual material prohibited hereunder is under eighteen years of age may be made by the personal testimony of such child, by the testimony of a person who produced, processed, published, printed or manufactured such visual material that the child therein was known to him to be under eighteen years of age, by testimony of a person who observed the visual material, or by expert medical testimony as to the age of the child based upon the child’s physical appearance, by inspection of the visual material, or by any other method authorized by any general or special law or by any applicable rule of evidence.
(d) In a prosecution under this section, a minor shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.
(e) Pursuant to this section, proof that dissemination of any visual material that contains a representation or reproduction of sexual conduct or of any posture or exhibition in a state of nudity involving the use of a child who is under eighteen years of age was for a bona fide scientific, medical, or educational purpose for a bona fide school, museum, or library may be considered as evidence of a lack of lascivious intent.
material of child depicted in sexual conduct; punishment Section 29C. Whoever knowingly purchases or possesses a negative, slide, book, magazine, film, videotape, photograph or other similar visual reproduction, or depiction by computer, of any child whom the person knows or reasonably should know to be under the age of 18 years of age and such child is:(i) actually or by simulation engaged in any act of sexual intercourse with any person or animal;(ii) actually or by simulation engaged in any act of sexual contact involving the sex organs of the child and the mouth, anus or sex organs of the child and the sex organs of another person or animal;(iii) actually or by simulation engaged in any act of masturbation;(iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal;(v) actually or by simulation engaged in any act of excretion or urination within a sexual context;(vi) actually or by simulation portrayed or depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; or(vii) depicted or portrayed in any pose, posture or setting involving a lewd exhibition of the unclothed genitals, pubic area, buttocks or, if such person is female, a fully or partially developed breast of the child; with knowledge of the nature or content thereof shall be punished by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years or by a fine of not less than $1,000 nor more than $10,000, or by both such fine and imprisonment for the first offense, not less than five years in a state prison or by a fine of not less than $5,000 nor more than $20,000, or by both such fine and imprisonment for the second offense, not less than 10 years in a state prison or by a fine of not less than $10,000 nor more than $30,000, or by both such fine and imprisonment for the third and subsequent offenses.
A prosecution commenced under this section shall not be continued without a finding nor placed on file.
The provisions of this section shall not apply to a law enforcement officer, licensed physician, licensed psychologist, attorney or officer of the court who is in possession of such materials in the lawful performance of his official duty. Nor shall the provisions of this section apply to an employee of a bona fide enterprise, the purpose of which enterprise is to filter or otherwise restrict access to such materials, who possesses examples of computer depictions of such material for the purposes of furthering the legitimate goals of such enterprise.
Section 3. Whoever applies, administers to or causes to be taken by a person any drug, matter or thing with intent to stupefy or overpower such person so as to thereby enable any person to have sexual intercourse or unnatural sexual intercourse with such person shall be punished by imprisonment in the state prison for life or for any term of years not less than ten years.
obscene matter; jurisdiction; procedures; appeal Section 30. The superior court shall have jurisdiction to enjoin the dissemination of any matter which is obscene. The attorney general or a district attorney within his district may request an injunction against any person, firm, or corporation which disseminates or is about to disseminate any matter which is obscene.
The person, firm, or corporation sought to be enjoined shall be entitled to a trial on the merits within one day after filing of responsive pleadings and a decision shall be rendered by the court within two days of the conclusion of the trial.
A justice of the superior court may issue a preliminary injunction pending the trial on the merits against such person, firm, or corporation which disseminates or is about to disseminate any matter which is obscene.
No preliminary injunction shall be issued without notice to the adverse party.
In any action brought as herein provided the attorney general or a district attorney shall not be required to furnish security before the issuance of any injunction provided for in this section and neither the commonwealth nor any county, shall be liable for costs or for damages sustained by reason of the injunction in cases where judgment is rendered in favor of the person, firm, or corporation sought to be enjoined.
If the court finds that the person, firm, or corporation is disseminating or is about to disseminate any obscene matter, it shall issue a permanent injunction prohibiting the dissemination of that matter. The court’s order shall direct the person, firm or corporation to surrender to a sheriff or a police officer the matter found obscene and a sheriff or police officer shall be directed to seize and destroy the same.
Appeals shall be as otherwise provided by law in civil proceedings, but any party or intervenor shall have the right to an expedited appeal to the appeals court.
The procedures set forth in this section are in addition to criminal proceedings initiated under any provisions of the General Laws, and not a condition precedent thereto.
state of nudity or sexual conduct; injunction; jurisdiction Section 30D. The superior court shall also have jurisdiction to enjoin the dissemination of any visual material that contains a representation or reproduction of any posture or exhibition in a state of nudity or of any act that depicts, describes, or represents sexual conduct participated or engaged in by a child who is under eighteen years of age. The procedures for issuance of such injunction shall be the same as those provided in section thirty, and are in addition to other criminal proceedings initiated under any provisions of the General Laws, and not a condition precedent thereto.
Section 31. As used in sections twenty-eight, twenty-eight C, twenty-eight D, twenty-eight E, twenty-nine, twenty-nine A, twenty-nine B, thirty and thirty D, the following words shall, unless the context requires otherwise, have the following meanings:—“Disseminate”, to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit or display.
“Harmful to minors”, matter is harmful to minors if it is obscene or, if taken as a whole, it (1) describes or represents nudity, sexual conduct or sexual excitement, so as to appeal predominantly to the prurient interest of minors; (2) is patently contrary to prevailing standards of adults in the county where the offense was committed as to suitable material for such minors; and (3) lacks serious literary, artistic, political or scientific value for minors.
“Knowing”, a general awareness of the character of the matter.
“Lascivious intent”, a state of mind in which the sexual gratification or arousal of any person is an objective. For the purposes of prosecution under this chapter, proof of lascivious intent may include, but shall not be limited to, the following:(1) whether the circumstances include sexual behavior, sexual relations, infamous conduct of a lustful or obscene nature, deviation from accepted customs and manners, or sexually oriented displays;(2) whether the focal point of a visual depiction is the child’s genitalia, pubic area, or breast area of a female child;(3) whether the setting or pose of a visual depiction is generally associated with sexual activity;(4) whether the child is depicted in an unnatural pose or inappropriate attire, considering the child’s age;(5) whether the depiction denotes sexual suggestiveness or a willingness to engage in sexual activity;(6) whether the depiction is of a child engaging in or being engaged in sexual conduct, including, but not limited to, sexual intercourse, unnatural sexual intercourse, bestiality, masturbation, sado-masochistic behavior, or lewd exhibition of the genitals.
“Minor”, a person under eighteen years of age.
“Nudity”, uncovered or less than opaquely covered human genitals, pubic areas, the human female breast below a point immediately above the top of the areola, or the covered male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple or areola only are covered.
“Matter”, any handwritten or printed material, visual representation, live performance or sound recording including but not limited to, books, magazines, motion picture films, pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances.
“Performance”, any play, dance, exhibit, or such similar activity performed before one or more persons.
“Obscene”, matter is obscene if taken as a whole it(1) appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed;(2) depicts or describes sexual conduct in a patently offensive way; and(3) lacks serious literary, artistic, political or scientific value.
“Sexual conduct”, human masturbation, sexual intercourse, actual or simulated, normal or perverted, any lewd exhibitions of the genitals, flagellation or torture in the context of a sexual relationship, any lewd touching of the genitals, pubic areas, or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals, and any depiction or representation of excretory functions in the context of a sexual relationship. Sexual intercourse is simulated when it depicts explicit sexual intercourse which gives the appearance of the consummation of sexual intercourse, normal or perverted.
“Sexual excitement”, the condition of human male or female genitals or the breasts of the female while in a state of sexual stimulation or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.
“Visual material”, any motion picture film, picture, photograph, videotape, book, magazine, pamphlet that contains pictures, photographs or similar visual representations or reproductions, or depiction by computer. Undeveloped photographs, pictures, motion picture films, videotapes and similar visual representations or reproductions may be visual materials notwithstanding that processing, development or similar acts may be required to make the contents thereof apparent.
applicability of Sec. 28, 29 and 29A Section 32. The provisions of sections twenty-eight, twenty-nine and twenty-nine A shall not apply to a manager or a motion picture operator or assistant operator licensed under sections seventy-five and seventy-six, respectively, of chapter one hundred and forty-three, who is employed in a motion picture theatre licensed under section one hundred and eighty-one of chapter one hundred and forty and the provisions of the state building code, in connection with a motion picture show exhibited in said theatre; provided that such manager, operator or assistant operator has no financial interest in the motion picture theatre wherein he is so employed; and provided, further, that such manager has no authority in determining which motion picture films are to be presented in said theatre.
Section 33. Whoever exhibits for hire an albino person, a minor or mentally ill person who is deformed or a person who has an appearance of deformity produced by artificial means shall be punished by a fine of not more than five hundred dollars.
Section 34. Whoever commits the abominable and detestable crime against nature, either with mankind or with a beast, shall be punished by imprisonment in the state prison for not more than twenty years.
Section 35. Whoever commits any unnatural and lascivious act with another person shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years.
16 Section 35A. Whoever commits any unnatural and lascivious act with a child under the age of sixteen shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years, and whoever over the age of eighteen commits a second or subsequent such offence shall be sentenced to imprisonment in the state prison for a term of not less than five years.
Section 36. Whoever wilfully blasphemes the holy name of God by denying, cursing or contumeliously reproaching God, his creation, government or final judging of the world, or by cursing or contumeliously reproaching Jesus Christ or the Holy Ghost, or by cursing or contumeliously reproaching or exposing to contempt and ridicule, the holy word of God contained in the holy scriptures shall be punished by imprisonment in jail for not more than one year or by a fine of not more than three hundred dollars, and may also be bound to good behavior.
participants and officials Section 36A. Whoever, having arrived at the age of sixteen years, directs any profane, obscene or impure language or slanderous statement at a participant or an official in a sporting event, shall be punished by a fine of not more than fifty dollars.
Section 38. Whoever wilfully interrupts or disturbs an assembly of people met for worship of God shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars.
gaming, horse racing or exhibits near camp meetings Section 39. Whoever, during the time of holding a camp or field meeting for religious purposes, and within one mile of the place thereof, hawks or peddles goods, wares or merchandise, or establishes or maintains a tent, booth or building for vending provisions or refreshments, or furnishes shelter and food for or has the care of horses for pay, without permission from the authorities or officers having the charge or direction of such meeting, or engages in gaming or horse racing, or exhibits or offers to exhibit any show or play, shall forfeit not more than twenty dollars; provided, that the time of holding such meeting shall not exceed thirty consecutive days in any one year; and that a person having a regular, usual and established place of business within such limits need not suspend his business.
intercourse Section 4. Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than $1,000 or by both such fine and imprisonment.
Section 40. Whoever wilfully interrupts or disturbs a school or other assembly of people met for a lawful purpose shall be punished by imprisonment for not more than one month or by a fine of not more than fifty dollars; provided, however, that whoever, within one year after being twice convicted of a violation of this section, again violates the provisions of this section shall be punished by imprisonment for one month, and the sentence imposing such imprisonment shall not be suspended.
possession on public school premises Section 40A. Whoever gives, sells, delivers or has in his possession any alcoholic beverage, except for medicinal purposes, in any public school building, or on any premises used for public school purposes and under the charge of a school committee or other public board or officer, shall be punished by imprisonment for not more than thirty days or by a fine of not more than one hundred dollars, or both; provided, however, that a school committee of a city, town or district may authorize a public or nonprofit organization using a public school building with its permission during non school hours to possess and sell alcoholic beverages therein provided such nonprofit organization is properly licensed under the provisions of section fourteen of chapter one hundred and thirty-eight.
Section 41. Whoever wilfully disturbs persons assembled in a public library, or a reading room connected therewith, by making a noise or in any other manner during the time when such library or reading room is open to the public shall be punished as provided in the preceding section.
Section 42. Whoever wilfully interrupts or by fast driving or otherwise in any way disturbs a funeral assembly or procession shall be punished as provided in section forty.
Section 42A. Whoever pickets, loiters or otherwise creates a disturbance within five hundred feet of a funeral home, church or temple or other building where funeral services are being held, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year in a house of correction, or both.
disturbance of travelers Section 43. Whoever, in or upon a railroad carriage, steamboat or other public conveyance, is disorderly, or disturbs or annoys travelers in or upon the same by profane, obscene or indecent language, or by indecent behavior, shall be punished as provided in section forty.
transportation terminals Section 43A. Whoever, in or upon a railroad carriage, steamboat, or other public conveyance, or in a terminal or other facility of the Massachusetts Bay Transportation Authority, smokes or carries an open flame or lighted match, cigar, cigarette, or pipe shall be punished by imprisonment for not more than ten days or by a fine of not more than one hundred dollars, or both such fine and imprisonment.
Section 4A. Whoever induces a minor to become a prostitute, or who knowingly aids and assists in such inducement, shall be punished by imprisonment in the state prison for not more than five, nor less than three years, and by a fine of five thousand dollars. The sentence of imprisonment imposed under this section shall not be reduced to less than three years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served three years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.
prostitute Section 4B. Whoever lives or derives support or maintenance, in whole or in part, from the earnings or proceeds of prostitution committed by a minor, knowing the same to be earnings or proceeds of prostitution, or shares in such earnings, proceeds or monies, shall be punished by imprisonment in the state prison for not less than five years and by a fine of five thousand dollars. The sentence imposed under this section shall not be reduced to less than five years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served five years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.
Section 53. Common night walkers, common street walkers, both male and female, common railers and brawlers, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, idle and disorderly persons, disturbers of the peace, keepers of noisy and disorderly houses, and persons guilty of indecent exposure may be punished by imprisonment in a jail or house of correction for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment.
Section 53A. Any person who engages, agrees to engage, or offers to engage in sexual conduct with another person in return for a fee, or any person who pays, agrees to pay or offers to pay another person to engage in sexual conduct, or to agree to engage in sexual conduct with another natural person may be punished by imprisonment in a jail or house of correction for not more than one year, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.
warrant; custody Section 54. Whoever is found in a public way or other public place, committing any offence or disorder set forth in sections fifty-three and fifty-three A, may be apprehended by a sheriff, deputy sheriff, constable or police officer or by any other person by the order of a magistrate or any of said officers, without a warrant and be kept in custody for not more than twenty-four hours, Sundays and legal holidays excepted, until he can be taken before a court or trial justice having jurisdiction of such offence.
appeal Section 56. If a person convicted under section fifty-three appeals from the sentence, the commission of any like offence by him before judgment on the appeal shall be a breach of the condition of the recognizance, if any was taken upon allowing the appeal.
of prosecution Section 57. When a person is brought before a magistrate upon a charge of any offence mentioned in sections fifty-three, sixty-six and sixty-eight, such magistrate, or the court before which the case may be carried on appeal, may at any stage of the proceedings direct the defendant or appellant to be discharged, upon his entering into a recognizance, with sufficient sureties, in such sum as the magistrate or court orders, for his good behavior for not less than six months nor more than two years, and paying the expenses of prosecution or such part thereof as the magistrate or court orders.
under 15 to beg Section 58. A parent or other person who employs a minor under fifteen in begging or who, having the care or custody of such minor, permits him to engage in such employment shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months.
reservations, or parkways; alcoholic beverages; profanity; arrest without warrant Section 59. Whoever remains in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, whoever is in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, the substance of which is the drinking or possession of alcoholic beverage, and whoever in a street or other public place accosts or addresses another person with profane or obscene language, in wilful violation of an ordinance or by-law of such town, may be arrested without a warrant by an officer authorized to serve criminal process in the place where the offence is committed and kept in custody until he can be taken before a court having jurisdiction of the offence.
resort in such place for sexual intercourse Section 6. Whoever, being the owner of a place or having or assisting in the management or control thereof induces or knowingly suffers a person to resort to or be in or upon such place, for the purpose of unlawfully having sexual intercourse for money or other financial gain, shall be punished by imprisonment in the state prison for a period of five years and a five thousand dollar fine.
The sentence of imprisonment imposed under this section shall not be reduced to less than two years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served two years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.
arrest without warrant Section 60. Whoever commits a misdemeanor, as defined by a by-law, regulation or ordinance of a town or authority therein, in the presence of a police officer or an officer authorized to serve criminal process, the substance of which misdemeanor is the placing on or in or throwing into a public way, the sidewalk of a public way or a public alley, filth, rubbish or other substance, and, being requested by such officer forthwith to remove it, refuses or neglects so to do, and if the identity of such person is unknown to the officer, may be arrested by such officer and detained in a safe place without a warrant until his identity is ascertained. Reasonable diligence shall be exercised by the arresting officer in ascertaining the identity of the offender and when identified he shall be released from arrest unless a warrant has issued against him.
Sec. 53 Section 61. Whoever, having been discharged under section one hundred and forty of chapter one hundred and twenty-seven, is afterward convicted of any offence mentioned in section fifty-three committed after the former conviction, either in the same or a different county, may be sentenced to hard labor in the house of correction for not more than one year.
Section 62. If a complaint charges a person with being a common nightwalker, and it is proved at the trial that such person has been twice before convicted of the same offence, such person may be sentenced to the house of correction for not more than two and one half years or if a male, to the Massachusetts reformatory, or if a female, to the reformatory for women.
prima facie evidence Section 63. Whoever, not being under seventeen, or a person asking charity within his own town, roves about from place to place begging, or living without labor or visible means of support, shall be deemed a tramp. An act of begging or soliciting alms, whether of money, food, lodging or clothing, by a person having no residence in the town within which the act is committed, or the riding upon a freight train of a railroad, whether within or without any car or part thereof, without a permit from the proper officers or employees of such railroad or train, shall be prima facie evidence that such person is a tramp.
to or threats against persons or property; carrying weapons Section 64. A tramp shall be punished by imprisonment in the house of correction for not more than thirty days; and if he enters a dwelling house or other building without the consent of the owner or occupant thereof, or wilfully or maliciously injures or threatens to injure any person therein, or threatens to do any injury to any person, or to the property of another, or is found carrying a firearm or other dangerous weapon, he shall be punished by imprisonment in the house of correction for not less than one nor more than two and one half years, but notwithstanding the foregoing a tramp found carrying a firearm or other dangerous weapon in violation of section ten of chapter two hundred and sixty-nine may be prosecuted and punished thereunder.
complaint Section 65. A sheriff, deputy sheriff, constable or police officer, upon view or information of an offence described in the two preceding sections, may, without a warrant, arrest the offender, and make complaint against him therefor; and the state police shall make such arrests and complaints. Mayors and selectmen shall appoint special police officers, who shall also make such arrests and complaints in their respective towns.
Section 66. Persons wandering abroad and begging, or who go about from door to door or in public or private ways, areas to which the general public is invited, or in other public places for the purpose of begging or to receive alms, and who are not licensed or who do not come within the description of tramps as contained in section sixty-three, shall be deemed vagrants and may be punished by imprisonment for not more than six months in the house of correction.
court; complaint Section 67. Sheriffs, deputy sheriffs, constables and police officers, acting on the request of any person or upon their own information or belief, shall without a warrant arrest and carry any vagrant before a district court for the purpose of an examination, and shall make complaint against him.
Section 68. A person known to be a pickpocket, thief or burglar, if acting in a suspicious manner around any steamboat landing, railroad depot, or any electric railway station, or place where electric railway cars stop to allow passengers to enter or leave the cars, banking institution, broker’s office, place of public amusement, auction room, store, shop, crowded thoroughfare, car or omnibus, the dwelling place of another, or at any public gathering or assembly, shall be deemed a vagabond, and shall be punished by imprisonment in the house of correction for not less than four nor more than twelve months.
court; complaint Section 69. Sheriffs, deputy sheriffs, constables and police officers shall take any such vagabond into custody without a warrant and shall, within twenty-four hours after such arrest, Sundays and legal holidays excepted, take him before a district court, and shall make complaint against him.
Section 7. Whoever, knowing a person to be a prostitute, shall live or derive support or maintenance, in whole or in part, from the earnings or proceeds of his prostitution, from moneys loaned, advanced to or charged against him by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or shall share in such earnings, proceeds or moneys, shall be punished by imprisonment in the state prison for a period of five years and by a fine of five thousand dollars.
The sentence of imprisonment imposed under this section shall not be reduced to less than two years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served two years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.
Section 70. A sheriff, deputy sheriff or constable who takes the body of a deceased person on mesne process or execution shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.
Section 71. Whoever, not being lawfully authorized by the proper authorities, wilfully digs up, disinters, removes or conveys away a human body, or the remains thereof, or knowingly aids in such disinterment, removal or conveying away, and whoever is accessory thereto either before or after the fact, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two and one-half years or by a fine of not more than four thousand dollars.
Section 72. Whoever buys or sells, or has in his possession for the purpose of buying, selling or trafficking in, the dead body of a human being shall be punished by a fine of not less than fifty nor more than one thousand dollars or by imprisonment for not less than three months nor more than two and one half years.
injuring, removing Section 73. Whoever wilfully destroys, mutilates, defaces, injures or removes a tomb, monument, gravestone, veteran’s grave marker or metal plaque, veteran’s flag holder that commemorates a particular war, conflict or period of service or flag, or other structure or thing which is placed or designed for a memorial of the dead, or a fence railing, curb or other thing which is intended for the protection or ornament of a structure or thing before mentioned or of an enclosure for the burial of the dead, or wilfully removes, destroys, mutilates, cuts, breaks or injures a tree, shrub or plant placed or being within such enclosure, or wantonly or maliciously disturbs the contents of a tomb or a grave, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the jail or house of correction for not more than two and one-half years and by a fine of not more than five thousand dollars.
repair or reproduction Section 73A. In any city or town which accepts this section, the provisions of section seventy-three shall not prohibit the removal, in accordance with rules and regulations promulgated by the state secretary, of a gravestone or other structure or thing which is placed or designed as a memorial for the dead, for the purpose of repair or reproduction thereof by community sponsored, educationally oriented, and professionally directed repair teams.
as evidence of title Section 74. Whoever wrongfully, and by any act not included in the preceding section, destroys, injures or removes a building, fence, railing or other thing lawfully erected in or around a place of burial or cemetery, or a tree, shrub or plant within its limits, or wrongfully injures a walk or path, or places rubbish or offensive matter or commits a nuisance therein, or in any way desecrates or disfigures the same, shall forfeit not less than five nor more than one hundred dollars. Upon the trial of a complaint hereunder, use and occupation for the purposes of burial shall be sufficient evidence of title.
from burial lot Section 75. Whoever, without authority, removes flowers, flags or memorial tokens from any grave, tomb, monument or burial lot in any cemetery or other place of burial shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months.
through burial grounds Section 76. Whoever lays out, opens, or makes a highway or town way, or constructs a railroad or canal, or any other thing in the nature of a public easement, over, through, in or upon any part of an enclosure, which is the property of a city, town, parish, religious society or of private proprietors and is used or appropriated for the burial of the dead, unless authority for that purpose is specially granted by law, or unless the consent of such city, town, parish, religious society or proprietors, respectively, is first obtained, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year.
Section 77. Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or kills an animal, or causes or procures an animal to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated or killed; and whoever uses in a cruel or inhuman manner in a race, game, or contest, or in training therefor, as lure or bait a live animal, except an animal if used as lure or bait in fishing; and whoever, having the charge or custody of an animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, or unnecessarily fails to provide it with proper food, drink, shelter, sanitary environment, or protection from the weather, and whoever, as owner, possessor, or person having the charge or custody of an animal, cruelly drives or works it when unfit for labor, or willfully abandons it, or carries it or causes it to be carried in or upon a vehicle, or otherwise, in an unnecessarily cruel or inhuman manner or in a way and manner which might endanger the animal carried thereon, or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering or cruelty of any kind shall be punished by imprisonment in the state prison for not more than 5 years or imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $2,500, or by both such fine and imprisonment.
In addition to any other penalty provided by law, upon conviction for any violation of this section or of sections seventy-seven A, seventy-eight, seventy-eight A, seventy-nine A, seventy-nine B, eighty A, eighty B, eighty C, eighty D, eighty F, eighty-six, eighty-six A, eighty-six B or ninety-four the defendant may, after an appropriate hearing to determine the defendant’s fitness for continued custody of the abused animal, be ordered to surrender or forfeit to the custody of any society, incorporated under the laws of the commonwealth for the prevention of cruelty to animals or for the care and protection of homeless or suffering animals, the animal whose treatment was the basis of such conviction.
Section 77A. Whoever willfully tortures, torments, beats, kicks, strikes, mutilates, injures, disables or otherwise mistreats, a dog or horse owned by a police department or police agency of the commonwealth or any of its political subdivisions or whoever, willfully by any action whatsoever, interferes with the lawful performance of such dog or horse shall be punished by a fine of not less than one hundred dollars and not more than five hundred dollars or by imprisonment for not more than two and one-half years or both. Persons violating this section may be arrested without a warrant by any officer qualified to serve criminal process provided said offense is committed in his presence.
Section 77B. No person shall exhibit or sponsor an exhibition of any wild animal for the purpose of attracting trade at or for any place of amusement, recreation or entertainment. This section shall not be deemed to prevent the exhibition of any wild animal in a zoological garden or in connection with any theatrical exhibition or circus or by any educational institution or wild animal farm, whether on or off the premises of such educational institution or wild animal farm. Whoever violates the provisions of this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than thirty days.
work; forfeiture of auctioneer’s license Section 78. No person holding an auctioneer’s license shall receive or offer for sale or sell at public auction, nor shall any person sell at private sale, or lead, ride or drive on any public way, for any purpose except that of conveying the horse to a proper place for its humane keeping or killing, or for medical or surgical treatment, any horse which, by reason of debility, disease or lameness, or for other cause, could not be worked in the commonwealth without violating the laws against cruelty to animals. This section shall not prohibit the purchase of horses by humane societies incorporated under the laws of the commonwealth for the purpose of humanely killing the same. Violation of this section shall be punished by a fine of not less than five nor more than one hundred dollars or by imprisonment for not more than six months. If a licensed auctioneer violates this section, he shall also forfeit his license.
Section 78A. No person shall sell, offer for sale or otherwise dispose of any foal under five months of age other than for the purpose of immediate slaughter or humane killing unless such foal is accompanied by its dam. Violation of this section shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months.
or Sec. 78 Section 79. A corporation violating either of the two preceding sections shall be punished by a fine as therein provided, and shall be responsible for the knowledge and acts of its agents and servants relative to animals transported, owned or used by it or in its custody.
horse; wound as evidence Section 79A. Whoever cuts the bone of the tail of a horse for the purpose of docking the tail, or whoever causes or knowingly permits the same to be done upon premises of which he is the owner, lessee, proprietor or user, or whoever assists in or is present at such cutting, shall be punished by imprisonment for not more than one year or by a fine of not less than one hundred nor more than three hundred dollars; and whoever cuts the muscles or tendons of the tail of a horse for the purpose of setting up the tail, or whoever causes or knowingly permits the same to be done upon premises of which he is the owner, lessee, proprietor or user, or whoever assists in or is present at such cutting, shall be punished by a fine of not more than two hundred and fifty dollars. If a horse is found with the bone of its tail cut as aforesaid or with the muscles or tendons of its tail cut as aforesaid, and with the wound resulting from such cutting unhealed, upon the premises or in the charge and custody of any person, such fact shall be prima facie evidence of a violation of this section by the owner or user of such premises or the person having such charge or custody, respectively.
affidavit as to cutting in state where not prohibited; inspection Section 79B. Whoever shows or exhibits at any horse show or exhibition in the commonwealth a horse with its tail cut in either manner prohibited in section seventy-nine A shall be punished by a fine of not more than two hundred and fifty dollars; provided, that this section shall not apply to the showing or exhibiting at such a show or exhibition of a horse with its tail cut in either manner prohibited by section seventy-nine A, if the owner of such horse furnishes to the manager or other official having charge of the horse show or exhibition at which such horse is shown or exhibited an affidavit by the owner, in a form approved by the director of the division of animal health of the department of food and agriculture, that the tail of such horse was so cut in a state wherein such cutting was not then specifically prohibited by the laws thereof and while the horse was actually owned by a legal resident of such state. Said affidavit shall state the year of such cutting, the name of the state wherein the cutting was done, and the sex and age of the horse, shall describe the markings of the horse, if any, and shall be subject to inspection by any officer or agent mentioned in section eighty-four.
Section 8. Whoever shall solicit or receive compensation for soliciting for a prostitute shall be punished by imprisonment in the house of correction for not more than one year or by a fine of not more than five hundred dollars, or both.
prima facie evidence Section 80A. Whoever, not being a veterinarian duly registered under chapter one hundred and twelve, crops or cuts off the whole or any part of the ear of a dog shall be punished by a fine of not more than two hundred and fifty dollars. If a dog with an ear cropped or cut off in whole or in part and with the wound resulting therefrom unhealed is found confined upon the premises or in the charge or custody of any person other than such veterinarian, or a dog officer of a city or town duly appointed under section one hundred and fifty-one of chapter one hundred and forty, such fact shall be prima facie evidence of a violation of this section by the person in control of such premises or the person having such charge or custody.
Section 80B. Whoever shows or exhibits or procures to be shown or exhibited at any dog show or exhibition in the commonwealth a dog with an ear or ears cropped or cut off, except when and as certified to be reasonably necessary by a veterinarian duly registered under the laws of the state of his residence, shall be punished by a fine of not more than two hundred and fifty dollars.
it to experimentation or mutilation, or to sell it for such purposes; application of law Section 80C. Whoever, without the consent of the owner, takes a cat, dog or bird, with intent to exhibit or cause it to be exhibited or to subject it or cause it to be subjected to experimentation or mutilation while alive, or with intent to sell it or cause it to be sold for the purpose of being exhibited or subjected to experimentation or mutilation as aforesaid, shall be punished by a fine of not less than one hundred dollars nor more than the maximum fine permitted by law for the larceny of an article of the same value as such cat, dog or bird. This section shall not apply to an institution acquiring a cat, dog or bird under the provisions of chapter forty-nine A.
other fowl; sale, barter or gift Section 80D. No person shall sell, offer for sale, barter or give away as premiums living baby chickens, ducklings or other fowl under two months of age.
No person shall sell, offer for sale, barter, display or give away living rabbits, chickens, ducklings or other fowl which have been dyed, colored or otherwise treated so as to impart to them an artificial color.
Nothing in this section shall be construed to prohibit the sale or display of baby chickens, ducklings or other fowl under two months of age by breeders or stores engaged in the business of selling for purposes of commercial breeding and raising; provided, however, that prior to May first in any year, such ducklings may be sold or purchased only in quantities of twenty-four or more.
This section shall not prohibit, however, the sale or donation of such chickens, ducklings or fowl to schools for use in classroom instruction.
Whoever violates the provisions of this section shall be punished by a fine of not more than one hundred dollars.
animals to death Section 80E. Whoever puts any animal to death by the use of a decompression chamber shall be punished by a fine of not less than one hundred dollars.
Section 80F. No person shall offer or give away any live animal as a prize or an award in a game, contest or tournament involving skill or chance. The provisions of this section shall not apply to awards made to persons participating in programs relating to animal husbandry.
Whoever violates the provisions of this section shall be punished by a fine of not more than one hundred dollars.
dissection of animals; care Section 80G. No school principal, administrator or teacher shall allow any live vertebrate to be used in any elementary or high school under state control or supported wholly or partly by public money of the state as part of a scientific experiment or for any other purpose in which said vertebrates are experimentally medicated or drugged in a manner to cause painful reactions or to induce painful or lethal pathological conditions, or in which said vertebrates are injured through any other type of treatment, experiment or procedure including but not limited to anesthetization or electric shock, or where the normal health of said animal is interfered with or where pain or distress is caused.
No person shall, in the presence of a pupil in any elementary or high school under state control or supported wholly or partly by public money of the state, practice vivisection, or exhibit a vivisected animal. Dissection of dead animals or any portions thereof in such schools shall be confined to the class room and to the presence of pupils engaged in the study to be promoted thereby, and shall in no case be for the purpose of exhibition.
Live animals used as class pets or for purposes not prohibited in paragraphs one and two hereof in such schools shall be housed or cared for in a safe and humane manner. Said animals shall not remain in school over periods when such schools are not in session, unless adequate care is provided at all times.
The provisions of the preceding three paragraphs shall also apply to any activity associated with or sponsored by the school.
Whoever violates the provisions of this section shall be punished by a fine of not more than one hundred dollars.
dogs or cats Section 80H. The operator of a motor vehicle that strikes and injures or kills a dog or cat shall forthwith report such an accident to the owner or custodian of said dog or cat or to a police officer in the town wherein such accident has occurred. A violation of this section shall be punished by a fine of not more than fifty dollars.
lien; liability for detention Section 81. Railroad corporations shall not permit animals carried or transported by them to be confined in cars longer than twenty-eight consecutive hours without unloading them for at least five consecutive hours for rest, water and feeding, unless prevented by storm or accident. In estimating such confinement, the time during which the animals have been confined without such rest on connecting roads from which they are received shall be included. Animals so unloaded shall during such rest be properly fed, watered and sheltered by the owner or person having the custody of them, or, in case of his default, by the railroad corporation transporting them, at the expense of said owner or person in custody thereof. In such case the corporation shall have a lien upon such animals for food, care and custody furnished, and shall not be liable for such detention. A corporation, owner or custodian of such animals failing to comply with this section shall be punished by a fine of not less than one hundred nor more than five hundred dollars. This section shall not apply to animals carried in cars in which they can and do have proper food, water, space and opportunity for rest.
or 81; notice; care of animals; lien Section 82. A person found violating any provision of section seventy-seven or eighty-one may be arrested and held without a warrant as provided in section fifty-four; the person making an arrest with or without a warrant shall use reasonable diligence to give notice thereof to the owner of animals found in the charge or custody of the person arrested, shall properly care and provide for such animals until the owner thereof takes charge of them, not, however, exceeding sixty days from the date of said notice, and shall have a lien on said animals for the expense of such care and provision.
cruelty to animals Section 83. If complaint is made to a court or magistrate authorized to issue warrants in criminal cases that the complainant has reasonable cause to believe that the laws relative to cruelty to animals have been or are violated in any particular building or place, such court or magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant authorizing any sheriff, deputy sheriff, constable or police officer to search such building or place; but no such search shall be made after sunset, unless specially authorized by the magistrate upon satisfactory cause shown.
Section 84. Sheriffs, deputy sheriffs, constables and police officers shall prosecute all violations of sections seventy-seven to eighty-one, inclusive, which come to their notice.
animals or birds; removal of dog license tag, collar or harness; imitation tag Section 85A. Whoever with wrongful intent kills, maims, entices or carries away a dog or other domesticated animal or bird shall be liable in tort to its owner for three times its value. Any person who removes from the dog of another its license tag, collar or harness, or who, without the authorization of the owner or keeper, holds or harbors a dog or other domesticated animal of another, or who holds or harbors a lost or strayed dog or other domesticated animal for more than forty-eight hours after such animal comes into his possession without reporting or taking it to the police station or dog officer nearest to the place where it was found and informing the police officer or dog officer in charge where such dog or other animal was found, the name, color, age, size and pedigree, as fully as possible, of such animal and the person’s own name and address, or who shall cause a dog to wear an imitation or counterfeit of the official tag prescribed by section one hundred and thirty-seven, one hundred and thirty-seven A or one hundred and thirty-seven B of chapter one hundred and forty, shall be punished by a fine of not more than one hundred dollars.
for economic and non-economic damages Section 85B. (a) A physically impaired person who uses an assistance animal or the owner of the assistance animal, may bring an action for economic and non-economic damages against a person who steals or attacks the assistance animal. The action authorized by this subsection may be brought by the physically impaired person or owner notwithstanding that the assistance animal was in the custody or under the supervision of another person when the theft or attack occurred. If any other non-assistance animal should attack an assistance animal, the owner of the assistance animal may seek compensation from the owner or custodian of the non-assistance animal found to have caused harm to the assistance animal.
(b) If the theft or attack of an assistance animal as described in subsection (a) results in the death of the animal or the animal is not returned or if injuries sustained prevent the assistance animal from returning to service, the measure of economic damages shall include, but are not limited to, the veterinary medical expenses and the replacement cost of an equally trained assistance animal, without any differentiation for the age or the experience of the animal.
(c) A cause of action shall not arise under this section if the physically impaired individual, owner or the individual having custody or supervision of the assistance animal was engaged in the commission of a crime at the time of injury sustained by the assistance animal.
floors, in places other than cities Section 86. No person shall stable a horse or mule on the second or any higher floor of any building, unless there are two means of exit therefrom, at opposite ends of the building, to the main or street floor, unless such building is equipped with an automatic sprinkler system. This section shall not apply to cities.
exceeding six; fire exits Section 86A. No person shall stable a horse or mule above the first or ground floor of any building not equipped with an automatic sprinkler system, or horses or mules exceeding six in all on the first or ground floor of any building not so equipped, unless there are two unobstructed means of exit from each floor whereon it or they are stabled, as far apart as practicable and so constructed as to grade that the said animal or animals can quickly and safely leave the building in case of fire and approved as to situation, arrangement and utility by the chief of the fire department. The person in charge of horses and mules stabled in any building not equipped with such a system and requiring two exits as aforesaid shall cause each such animal to use each such exit at least once a week. This and the four following sections shall apply only to cities.
Section 86B. No person shall stable horses or mules exceeding fifteen in all at any one time in a building not equipped with an automatic sprinkler system unless a watchman is employed constantly on the premises to guard against fire.
or mules Section 86C. No person shall have a lighted cigarette, cigar or pipe in his possession in any building in which by the provisions of section eighty-six A two unobstructed means of exit are required or in which by the provisions of section eighty-six B the employment of a watchman is required, except in a room in said building made fire-resisting.
stables Section 86D. On every floor of a building not equipped with an automatic sprinkler system, where horses or mules are stabled, there shall be kept in accessible locations and filled at all times, four pails of water and one pail of sand, for each one thousand square feet of floor space, to be used for no other purpose than extinguishing fires and to be so marked.
86D; orders Section 86E. The chief of the fire department or any person designated by him may, at all reasonable hours, enter into buildings within their jurisdiction where horses or mules are stabled, or upon premises adjacent thereto, for the purpose of enforcing sections eighty-six A to eighty-six D, inclusive, and if any such official or person so authorized finds the existence of conditions likely to cause a fire in such buildings or on such premises, he shall order such conditions to be remedied. Such order shall be served by delivering the same in hand or by posting the same in a conspicuous place on the building or premises affected thereby.
neglect to comply with Sec. 86E orders Section 86F. Whoever violates any provision of sections eighty-six to eighty-six D, inclusive, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one month, or both. Whoever refuses or unreasonably neglects to comply with any order issued under section eighty-six E shall be punished by a fine of not more than ten dollars for each day during which such refusal or neglect continues after service of said order.
them; permitting premises to be used for shooting Section 87. Whoever keeps or uses any live bird, to be shot at either for amusement or as a test of skill in marksmanship, or shoots at a bird kept or used as aforesaid, or is a party to such shooting, or lets any building, room, field or premises, or knowingly permits the use thereof, for the purpose of such shooting, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than one month, or both. Nothing herein contained shall apply to the shooting of wild game.
animals; searches; arrests Section 88. If complaint is made to a court or magistrate authorized to issue warrants in criminal cases that the complainant has reasonable cause to believe that preparations are being made for an exhibition of the fighting of birds, dogs or other animals, or that such exhibition is in progress, or that birds, dogs or other animals are kept or trained for fighting at any place or in any building or tenement, such court or magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant authorizing any sheriff, deputy sheriff, constable or police officer, or special police officer duly appointed by the colonel of the state police at the request of the Massachusetts Society for the Prevention of Cruelty to Animals or at the request of the Animal Rescue League of Boston, to search such place, building or tenement at any hour of the day or night and take possession of all such birds, dogs or other animals there found, and arrest all persons there present at any such exhibition or where preparations for such exhibition are being made, or where birds, dogs or other animals are kept or trained for fighting.
without warrant; arrests; seizure of animals Section 89. Any officer authorized to serve criminal process, or any special police officer duly appointed by the colonel of the state police at the request of the Massachusetts Society for the Prevention of Cruelty to Animals, or any municipal officer involved with animal control, may, without a warrant, enter any place or building in which there is an exhibition of the fighting of birds, dogs or other animals, or in which preparations are being made for such an exhibition, and arrest all persons there present and take possession of and remove from the place of seizure the birds, dogs or other animals engaged in fighting, or there found and intended to be used or engaged in fighting, or kept or trained for fighting, and hold the same in custody subject to the order of court as hereinafter provided.
detention of person in control and prostitute; recognizance to appear as witness Section 9. If a person makes oath before a district court that he has probable cause to suspect that a house, building, room or place is kept or resorted to for prostitution and that a certain person owning or having or assisting in the management or control of such house, building, room or place knowingly suffers another person to be in or upon such place for the purpose of unlawfully having sexual intercourse, said court shall, if satisfied that there is probable cause thereof, issue a warrant commanding the sheriff or his deputy, or any constable or police officer, to enter such house, building, room or place and search for such owner or person in control, and take into custody both the owner or person in control and such other person as may be in or upon such place for such purpose. Said owner or person in control shall be detained for not more than twenty-four hours until complaint may be made against him, and any such other person for a reasonable time until brought before said court to be recognized with or without sureties at the discretion of said court to appear as witnesses before the next or any succeeding sitting of said court. This section shall be in addition to and not in derogation of the common law.
Section 1. 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.
Section 1A. 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.
Section 2. 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.
Section 3. 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.
Section 4. 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.
Section 4A. 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.
Section 5. 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.
examination; notice Section 5A. 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.
Section 6. 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.
Section 7. 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.
indictment Section 8. 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.
courts of city of Boston and county of Worcester; effect Section 8A. 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.
Section 9. 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.
Section 1. 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.
Section 10A. 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.
Section 11. 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.
teachers; necessity of oath Section 14A. 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.
Section 16. 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.
Section 16A. The Communist Party is hereby declared to be a subversive organization.
Section 17. A subversive organization is hereby declared to be unlawful.
duty of attorney general Section 18. 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.
remaining member; penalty Section 19. 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.
Section 2. Whoever commits treason against the commonwealth shall be punished by imprisonment in the state prison for life.
removal of disability Section 20. 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.
concealment of books; penalty Section 21. 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.
use building; penalty Section 22. 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.
Section 23. 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.
Section 3. 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.
Section 4. 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.
Section 5. 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.
Section 6. 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.
Section 7. 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.
Section 8. 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, if the governor by proclamation authorizes the flag of the country of which such guest is a citizen to be displayed upon public buildings.
Section 9. 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.
Section 1. 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.
Section 10. 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.
without state; penalty Section 11. 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.
Section 12. Whoever, except as provided in sections thirty-two to fifty, inclusive, of chapter one hundred and forty-seven, engages in or gives or promotes a public boxing match or sparring exhibition, or engages in a private boxing match or sparring exhibition, for which the contestants have received or have been promised any pecuniary reward, remuneration or consideration whatsoever, directly or indirectly, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than three months, or both.
Section 13. 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 one hundred and one to one hundred and two B, inclusive, of chapter two hundred and sixty-six shall be imprisoned in the state prison for life or for any term of years.
Section 13A. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000.
A summons may be issued instead of a warrant for the arrest of any person upon a complaint for a violation of any provision of this subsection if in the judgment of the court or justice receiving the complaint there is reason to believe that he will appear upon a summons.
(b) Whoever commits an assault or an assault and battery:(i) upon another and by such assault and battery causes serious bodily injury;(ii) upon another who is pregnant at the time of such assault and battery, knowing or having reason to know that the person is pregnant; or(iii) upon another who he knows has an outstanding temporary or permanent vacate, restraining or no contact order or judgment issued pursuant to section 18, section 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 or 20 of chapter 209C, in effect against him at the time of such assault or assault and battery; shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 21/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.
(c) For the purposes of this section, “serious bodily injury” shall mean bodily injury that results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.
fourteen; penalties; subsequent offenses; eligibility for parole, etc. Section 13B. Whoever commits an indecent assault and battery on a child under the age of fourteen 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; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or any term of years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
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.
In a prosecution under this section, a child under the age of fourteen years shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.
Section 13C. 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.
criminal offenses; penalty Section 13D1/2. 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.
penalty Section 13D. 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.
retarded person; assault and battery Section 13F. Whoever commits an indecent assault and battery on a mentally retarded person knowing such person to be mentally retarded 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 mentally retarded person upon another mentally retarded person.
Whoever commits an assault and battery on a mentally retarded person knowing such person to be mentally retarded 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.
punishment Section 13G. 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.
or older; penalties Section 13H. Whoever commits an indecent assault and battery on a person who has attained age fourteen shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction.
Whoever commits an indecent assault and battery on an elder or person with a disability, as defined in section 13K, shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2 1/2 years, and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for not more than 20 years. A prosecution commenced under this paragraph shall not be placed on file nor continued without a finding.
medical technician, ambulance operator, or ambulance attendant Section 13I. Whoever commits an assault or assault and battery on an emergency medical technician, an ambulance operator, or an ambulance attendant, while said technician, operator or attendant is treating or transporting, in the line of duty, a person, shall be punished by imprisonment in the house of correction for not less than ninety days nor more than two and one-half years, or by a fine of not less than five hundred nor more than five thousand dollars, or both.
Section 13J. (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.
person; definitions; penalties Section 13K. (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.
(a1/2) Whoever commits an assault and battery upon an elder or person with a disability shall be punished by imprisonment in the state prison for not more than 3 years or by imprisonment in a house of correction for not more than 2 1/2 years, or by a fine of not more than $1,000, or both such fine and imprisonment.
(b) Whoever commits an assault and battery upon an elder or person with a disability and by such assault and battery causes bodily injury shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars or by both such fine and imprisonment.
(c) Whoever commits an assault and battery upon an elder or person with a disability and by such assault and battery causes serious bodily injury shall be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than two and one-half years or by a fine of not more than five thousand dollars or by both such fine and imprisonment.
(d) Whoever, being a caretaker of an elder or person with a disability, wantonly or recklessly permits bodily injury to such elder or person with a disability, or wantonly or recklessly permits another to commit an assault and battery upon such elder or person with a disability which assault and battery causes bodily injury, shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not more than two and one-half years or by a fine of not more than five thousand dollars or by both such fine and imprisonment.
(d1/2) Whoever, being a caretaker of an elder or person with a disability, wantonly or recklessly commits or permits another to commit abuse, neglect or mistreatment upon such elder or person with a disability, shall be punished by imprisonment in the state prison for not more than 3 years, or imprisonment in the house of correction for not more than 2 1/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.
(e) Whoever, being a caretaker of an elder or person with a disability, wantonly or recklessly permits serious bodily injury to such elder or person with a disability, or wantonly or recklessly permits another to commit an assault and battery upon such elder or person with a disability which assault and battery causes serious bodily injury, shall be punished by imprisonment in the state prison for not more than ten years or by imprisonment in the house of correction for not more than two and one-half years or by a fine of not more than ten thousand dollars or by both such fine and imprisonment.
(f) Conduct shall not be construed to be wanton or reckless conduct under this section if directed by a competent elder or person with a disability, or for the sole reason that, in lieu of medical treatment, an elder or person with a disability is being furnished or relies upon treatment by spiritual means through prayer if such treatment is in accordance with the tenets and practices of the established religious tradition of such elder or person with a disability, and is provided at the direction of such elder or person with a disability, who shall be competent, or pursuant to the direction of a person who is properly designated a health care proxy under chapter two hundred and one D.
serious bodily injury or sexual abuse to a child; duty to act; penalty Section 13L. 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; indecent assault and battery on a person age 14 or over under section 13H of said chapter 265; rape under section 22 of said chapter 265; rape of a child under 16 with force under section 22A of said chapter 265; rape and abuse of a child under section 23 of said chapter 265; assault with intent to commit rape under section 24 of said chapter 265; and assault of a child with intent to commit rape under section 24B of said chapter 265.
Whoever wantonly or recklessly engages in conduct that creates a substantial risk of serious bodily injury or sexual abuse to a child or wantonly or recklessly fails to take reasonable steps to alleviate such risk where there is a duty to act shall be punished by imprisonment in the house of correction for not more than 21/2 years.
For the purposes of this section, such wanton or reckless behavior occurs when a person is aware of and consciously disregards a substantial and unjustifiable risk that his acts, or omissions where there is a duty to act, would result in serious bodily injury or sexual abuse to a child. The risk must be of such nature and degree that disregard of the risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
Section 14. 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.
Section 15. 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.
victim sixty or older; punishment; subsequent offenses Section 15A. (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 21/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.
(c) Whoever:(i) by means of a dangerous weapon, commits an assault and battery upon another and by such assault and battery causes serious bodily injury;(ii) by means of a dangerous weapon, commits an assault and battery upon another who is pregnant at the time of such assault and battery, knowing or having reason to know that the person is pregnant;(iii) by means of a dangerous weapon, commits an assault and battery upon another who he knows has an outstanding temporary or permanent vacate, restraining or no contact order or judgment issued pursuant to section 18, section 34B or section 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 or 20 of chapter 209C, in effect against him at the time of such assault and battery; or(iv) is 17 years of age or older and, by means of a dangerous weapon, commits an assault and battery upon a child under the age of 14;shall be punished by imprisonment in the state prison for not more than 15 years or in the house of correction for not more than 21/2 years, or by a fine of not more than $10,000, or by both such fine and imprisonment.
(d) For the purposes of this section, “serious bodily injury” shall mean bodily injury which results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.
older; punishment; subsequent offenses Section 15B. (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.
Section 16. 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.
Section 17. 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.
punishment; victim sixty years or older; minimum sentence for repeat offenders Section 18. (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.
punishment Section 18A. 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.
second or subsequent offenses; punishment Section 18B. 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.
within; weapons; punishment Section 18C. 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.
sixty or older; minimum sentence for repeat offenders Section 19. (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.
Section 2. 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.
punishment Section 20. 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.
Section 21. 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.
purpose of stealing motor vehicle; weapons; punishment Section 21A. 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.
eligibility for furlough, education, training or employment programs Section 22. (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).
Section 22A. Whoever has sexual intercourse or unnatural sexual intercourse with a child under sixteen, and compels said child to submit by force and against his will or compels said 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; and whoever over the age of eighteen commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be sentenced to 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 sentenced to the state prison for life or for any term of years, but not less than 20 years.
Section 23. Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under sixteen years of age shall, for the first offense, 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, and for the second or subsequent offense by imprisonment in the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
punishment; eligibility for furloughs, education, training or employment programs Section 24. 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.
Section 24A. If, in connection with the alleged commission of a crime described in section thirteen B, thirteen F, thirteen H, twenty-two, twenty-two A, twenty-three, twenty-four or twenty-four B of this chapter or in section five of chapter two hundred and seventy-two, the person against whom said crime is alleged to have been committed has been conveyed from one county or judicial district into another, said crime may be alleged to have been committed, and may be prosecuted and punished, in the county or judicial district where committed or from which such person was so conveyed.
weapons; punishment Section 24B. 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.
Section 24C. 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, twenty-two, twenty-two A, twenty-three, twenty-four or twenty-four B, inclusive, of chapter two hundred and sixty-five, shall be withheld from public inspection, except with the consent of a justice of such court where the complaint or indictment is or would be prosecuted.
Said portion of such court record or police record shall not be deemed to be a public record under the provisions of section seven of chapter four.
Except as otherwise provided in this section, it shall be unlawful to publish, disseminate or otherwise disclose the name of any individual identified as an alleged victim of any of the offenses described in the first paragraph. A violation of this section shall be punishable by a fine of not less than two thousand five hundred dollars nor more than ten thousand dollars.
Section 25. 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.
punishment Section 26. 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, 13F, 13H, 22, 22A, 23, 24 or 24B.
Whoever, without lawful authority, forcibly or secretly confines or imprisons a child under the age of 16 within the commonwealth against his will or forcibly carries or sends such person out of the commonwealth or forcibly seizes and confines or inveigles or kidnaps a child under the age of 16 with the intent either to cause him to be secretly confined or imprisoned in the commonwealth against his will or to cause him to be sent out of the commonwealth against his will or in any way held to service against his will, shall be punished by imprisonment in the state prison for not more than 15 years. The provisions of the preceding sentence shall not apply to the parent of a child under 16 years of age who takes custody of such child.
punishment Section 26A. 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.
Section 26B. 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.
of child under age 16; punishment Section 26C. (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, 13F, 13H, 22, 22A, 23, 24 or 24B of chapter 265, section 4A, 16, 28, 29, 29A, 29B, 29C, 35A, 53 or 53A of chapter 272, or any offense that has as an element the use or attempted use of force, shall be punished by imprisonment in the state prison for not more than 5 years, or in the house of correction for not more than 21/2 years, or by both imprisonment and a fine of not more than $5,000.
Section 27. 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.
venue Section 27A. 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.
Section 28. 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.
Section 29. 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.
Section 3. 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.
carrier; penalty Section 30. 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.
penalty Section 32. 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.
physician; punishment Section 34. 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.
punishment Section 35. 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.
punishment Section 36. 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.
Section 37. 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.
weapons; punishment Section 39. (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, 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 for administration and management 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.
Section 4. 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.
physical exercise training programs; punishment Section 40. 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.
reasons in record Section 41. 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.
conveyances; punishment Section 42. 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.
Section 43. (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 five years or by a fine of not more than one thousand dollars, or imprisonment in the house of correction for not more than two and one-half years or both. Such conduct, acts or threats described in this paragraph shall include, but not be limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device including, but not limited to, electronic mail, internet communications and facsimile communications.
(b) Whoever commits the crime of stalking in violation of a temporary or permanent vacate, restraining, or no-contact order or judgment issued pursuant to sections eighteen, thirty-four B, or thirty-four C of chapter two hundred and eight; or section thirty-two of chapter two hundred and nine; or sections three, four, or five of chapter two hundred and nine A; or sections fifteen or twenty of chapter two hundred and nine C or a protection order issued by another jurisdiction; or a temporary restraining order or preliminary or permanent injunction issued by the superior court, shall be punished by imprisonment in a jail or the state prison for not less than one year and not more than five years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of one year.
A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment.
A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this subsection.
(c) Whoever, after having been convicted of the crime of stalking, commits a second or subsequent such crime shall be punished by imprisonment in a jail or the state prison for not less than two years and not more than ten years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of two years.
A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment.
A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this section.
Section 43A. (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 two and one-half years or by a fine of not more than $1,000, or by both such fine and imprisonment. Such conduct or acts described in this paragraph shall include, but not be limited to, conduct or acts conducted by mail or by use of a telephonic or telecommunication device including, but not limited to, electronic mail, internet communications or facsimile communications.
(b) Whoever, after having been convicted of the crime of criminal harassment, commits a second or subsequent such crime, or whoever commits the crime of criminal harassment having previously been convicted of a violation of section 43, shall be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than ten years.
conspiracy; penalties Section 44. 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.
imprisonment, probation or treatment center sentence; covered offenses Section 45. 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, 13F, 13H, 22, 22A, 23, 24, 24B or 26 of this chapter or of an attempt to violate any of such sections pursuant to section 6 of chapter 274, after one or more prior convictions of indecent assault and battery, rape, assault with intent to commit rape, unnatural and lascivious acts, drugging for sex, kidnap or of any offense which is the same as or necessarily includes the same elements of said offense shall, in addition to the term of imprisonment authorized by such section, be punished by a term of community parole supervision for life, to be served under the jurisdiction of the parole board, as set forth in said section 133D of said chapter 127. The sentence of community parole supervision for life shall commence immediately upon the expiration of the term of imprisonment imposed upon such person by the court or upon such person’s release from probation supervision or upon discharge from commitment to the treatment center pursuant to section 9 of chapter 123A, whichever first occurs.
prohibited Section 46. 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.
effect Section 5. 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.
Section 9. 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.
Section 1. 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.
Section 10. 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.
materials or property Section 100. 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.
Section 101. Whoever wilfully, intentionally and without right, by the explosion of gunpowder or of any other explosive, unlawfully damages or destroys property or injures a person, 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 or by a fine of not more than one thousand dollars.
near persons or property; unlawful possession; punishment Section 102. Whoever wilfully and intentionally throws at or near any person and whoever wilfully, intentionally and without right throws into, against or upon, any property real or personal, or puts, places or explodes or causes to be exploded in, upon or near such property, or near any person, gunpowder or other explosive, or a bombshell, torpedo or other instrument filled or loaded with an explosive with an intent unlawfully to destroy or damage property or to injure any person, or whoever has in his possession or under his control such an article or instrument with said intent, shall be punished by imprisonment in the state prison for not more than twenty years, or in the house of correction for not more than two and one half years, or by a fine of not more than twenty-five thousand dollars, or both.
placement of hoax devices; penalty; law enforcement or public safety officer exemption Section 102A1/2. (a) Whoever possesses, transports, uses or places or causes another to knowingly or unknowingly possess, transport, use or place any hoax device or hoax substance with the intent to cause anxiety, unrest, fear or personal discomfort to any person or group of persons 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 five years or by a fine of not more than $5,000, or by both such fine and imprisonment.
(b) For the purposes of this section, the term “hoax device” shall mean any device that would cause a person reasonably to believe that such device is an infernal machine. For the purposes of this section, the term “infernal machine” shall mean any device for endangering life or doing unusual damage to property, or both, by fire or explosion, whether or not contrived to ignite or explode automatically. For the purposes of this section, the words “hoax substance” shall mean any substance that would cause a person reasonably to believe that such substance is a harmful chemical or biological agent, a poison, a harmful radioactive substance or any other substance for causing serious bodily injury, endangering life or doing unusual damage to property, or both.
(c) This section shall not apply to any law enforcement or public safety officer acting in the lawful discharge of official duties.
(d) The court shall, after a conviction, 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. 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 local, county or state government for any costs incurred, damages and financial loss sustained as a result of the commission of the offense. Restitution shall be imposed in addition to incarceration or fine; however, the court shall consider the defendant’s present and future ability to pay in its determinations regarding a fine. In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant.
notice of seizure Section 102A. Whoever, other than a police or other law enforcement officer acting in the discharge of his official duties, has in his possession or under his control an infernal machine or a similar instrument, contrivance or device shall be punished by imprisonment in the state prison for not more than ten years or in jail for not more than two and one half years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment, and the said machine, instrument, contrivance or device shall be forfeited to the commonwealth. The term “infernal machine”, as used in this section, shall include any device for endangering life or doing unusual damage to property, or both, by fire or, explosion, whether or not contrived to ignite or explode automatically and whether or not disguised so as to appear harmless. Notice of the seizure of any such machine, instrument, contrivance or device shall be sent forthwith to the commissioner of public safety and the article seized shall be subject to his order.
ignition; penalty Section 102B. Whoever makes, sells, uses or has in his possession or under his control a bottle or other breakable container containing a flammable liquid into which has been fixed or placed a wick or similar device, and which bottle or container when ignited and thrown will cause a fire or explosion, shall be punished by a fine of not more than one thousand dollars or imprisonment for not more than five years in the state prison or by imprisonment for not more than two and one-half years in a house of correction or both such fine and imprisonment.
The provisions of this section shall not apply to flares, lanterns, fireworks or other such devices used for signal or illumination purposes, or for any other lawful purpose.
Whoever violates any provision of this section may be arrested without a warrant and held in custody in jail or otherwise until a complaint be made against him for such offense unless previously admitted to bail, which complaint shall be made as soon as practicable and in any case within twenty-four hours, Sundays and legal holidays excepted.
delivery system; possession or use; penalty; definitions Section 102C. Whoever, without lawful authority, knowingly develops, produces, stockpiles, acquires, transports, possesses or uses any biological, chemical or nuclear weapon or delivery system, with the intent to cause death, bodily injury or property damage, or whoever has in his possession or under his control such an article, contrivance, device or substance, with said intent, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by imprisonment in the state prison for not more than 20 years or by a fine of not more than $20,000, or by both such fine and imprisonment.
For the purposes of this section, the following words shall have the following meanings:—“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 where intended for a purpose not prohibited under this section, 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.
“Chemical weapon”, a toxic chemical or its precursors, except where intended for a purpose not prohibited under this section as long as the type and quantity is consistent with such a purpose, a munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals which would be released as a result of the employment of such munition or device.
“Nuclear weapon”, a device designed to release radiation or radioactivity at a level, which can cause bodily harm, or a dangerous radioactive substance.
“Delivery system”, any equipment specifically designed for use directly in connection with the employment of chemical, biological or nuclear weapons.
into building or vessel Section 103. 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.
Section 104. 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.
Section 104A. 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.
Section 104B. 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.
Section 105. 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.
Section 106. 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.
Section 107. 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.
or insurer; punishment; restitution Section 108. 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.
Section 109. 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.
fire Section 11. 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.
insurer Section 110. 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.
Section 111. 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.
claims Section 111A. 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.
fraudulent claims Section 111B. 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 21/2 years or by a fine of not less than $1,000 nor more than $10,000, or by both such fine and imprisonment.
A person licensed as a motor vehicle damage appraiser pursuant to section eight G of chapter twenty-six or registered as a motor vehicle repair shop pursuant to chapter one hundred A who violates this section, by fraudulently inflating an appraisal of damage to a motor vehicle or the charges for repairing a damaged motor vehicle or otherwise, shall be punished by the additional penalty of revocation of such license or registration for a period not to exceed two years.
The court shall, after conviction, conduct an evidentiary hearing to ascertain the extent of the damages or financial loss suffered as a result of the defendant’s crime. A person found guilty of violating this section shall, in all cases, upon conviction, in addition to any other punishment, be ordered to make restitution to the insurer for any financial loss sustained as a result of the commission of the crime; provided, however, that restitution shall not be ordered to a party whom the court determines to be aggrieved without that party’s consent. Restitution shall be imposed in addition to incarceration or fine, and not in lieu thereof; provided, however, the court shall consider the defendant’s present and future ability to pay in its determinations regarding a fine; provided, further, that, whenever possible subject to the constraints of this paragraph and the first paragraph of this section, the amount of a fine imposed for a violation of this section shall equal twice the amount of damages or financial loss suffered as a result of the defendant’s crime.
In determining the amount, time and method of payment of restitution, the court shall consider the financial resources of the defendant and the burden restitution will impose on the defendant. Upon a real or impending change in financial circumstances, a defendant ordered to pay restitution may petition the court for a modification of the amount, time or method of payment of restitution. If the court finds that because of any such change the payment of restitution will impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.
If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court shall hold him in contempt unless said defendant has made a good faith effort to pay such restitution. If said defendant has made a good faith effort to pay such restitution, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution.
insurance contract; runners; punishment Section 111C. (a) As used in this section, the following words shall have the following meanings:—“Provider”, an attorney, a health care professional licensed pursuant to chapter 112, an owner or operator of a health care practice or facility, any person who creates the impression that he or his practice or facility can provide legal or health care services, or any person employed or acting on behalf of any of the aforementioned persons.
“Public media”, telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards and mailed or electronically transmitted written communications that do not involve in-person contact with a specific prospective client, patient or customer.
“Runner”, a person who, for a pecuniary benefit, procures or attempts to procure a client, patient or customer at the direction of, request of, or in cooperation with a provider whose purpose is to seek to fraudulently obtain benefits under a contract of insurance or fraudulently assert a claim against an insured or an insurance carrier for providing services to the client, patient or customer. “Runner” shall not include a person who procures or attempts to procure clients, patients or customers for a provider through public media or a person who refers clients, patients or customers to a provider as otherwise authorized by law.
(b) Whoever knowingly acts as a runner or uses, solicits, directs, hires or employs another to act as a runner for the purpose of defrauding an insured or an insurance carrier shall be punished by imprisonment in the state prison for not more than 5 years, by imprisonment in a jail or house of correction for not less than 6 months nor more than 2 1/2 years or by a fine of not less than $1,000 nor more than $4,000.
Section 112. Whoever wilfully and maliciously kills, maims or disfigures any horse, cattle or other animal of another person, or wilfully and maliciously administers or exposes poison with intent that it shall be taken or swallowed by any such animal, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $2,500, or by both such fine and imprisonment.
destruction on land of another Section 113. 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.
Section 114. 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.
Section 115. 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.
Section 116A. 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.
injure or destroy Section 117. 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.
Section 118. 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.
Section 119. 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.
fire to prevent alarm or extinction of fire Section 12. 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.
forbidden as trespass; prima facie evidence; penalties; arrest; tenants or occupants excepted Section 120. 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.
prosecution; evidence Section 120A. 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.
constituting trespass Section 120B. 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.
constituting trespass Section 120C. 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.
property; penalties; liability for removal and storage charges; release of vehicle Section 120D. 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.
Section 120E1/2. (a) For the purposes of this section, “reproductive health care facility” means a place, other than within a hospital, where abortions are offered or performed.
(b) No person shall knowingly approach another person or occupied motor vehicle within six feet of such person or vehicle, unless such other person or occupant of the vehicle consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education or counseling with such other person in the public way or sidewalk area within a radius of 18 feet from any entrance door or driveway to a reproductive health care facility or within the area within a rectangle not greater than six feet in width created by extending the outside boundaries of any entrance door or driveway to a reproductive health care facility at a right angle and in straight lines to the point where such lines intersect the sideline of the street in front of such entrance door 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.
facilities; penalties; injunctive relief Section 120E. 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.
penalties Section 120F. 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.
Section 121. 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.
powered devices Section 121A. 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 two hundred and fifty dollars.
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.
Section 122. 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.
penalty Section 123. 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.
Section 124. 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.
malicious injury Section 125. 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.
Section 126. 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.
penalties; suspension of driver’s license Section 126A. 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. 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.
driver’s license Section 126B. 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.
Section 127. 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.
threats; punishment Section 127A. 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.
Section 127B. 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.
Section 128. 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.
Section 129. 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.
Section 13. 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.
Section 130. 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.
without warrant Section 131. 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.
Section 132. 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.
Section 133. 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.
guide; penalty Section 135. 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.
Section 137. 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.
Section 138. 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.
Section 138A. 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.
of identifying numbers; penalties; arrests Section 139. (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.
alteration or obliteration of identifying numbers; possession; sale; punishment Section 139A. 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.
and sound alarm; penalty Section 13A. 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.
punishment Section 14. 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.
Section 140. 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.
intent to defraud; civil remedy; treble damages; costs and fees; unfair competition; repair or replacement excepted Section 141. 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, 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.
by turning back or readjusting speedometer or odometer; criminal penalty Section 141A. 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.
wire; inspection; penalty Section 142. 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.
penalty Section 142A. 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.
Section 143. 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.
sound recordings Section 143A. 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.
performances Section 143B. 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.
devices in packaging not bearing reproducer’s name and address Section 143C. 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.
Section 143D. (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.
Section 143E. 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.
picture theater; punishment Section 143F. (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.
violation of Secs. 143A to 143C or Sec. 143F Section 143H. 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.
containers without permission of owners Section 144. 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.
Section 145. 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.
container of another without consent of owner; penalties Section 146. 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.
counterfeit mark; sales; penalties Section 147. (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.
Section 15. 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.
Section 16. 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.
entering with intent to commit misdemeanor Section 16A. 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.
entering in day time; weapons; punishment Section 17. 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.
entering in day time; weapons; punishment Section 18. 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.
intent to commit felony; larceny; punishment Section 18A. 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.
Section 19. 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.
Section 2. 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.
Section 20. 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.
trailers or freight containers Section 20A. Whoever breaks and enters, or enters without breaking, a truck, tractor/trailer unit, trailer, semi-trailer or freight container with intent to commit a felony, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than five hundred dollars and imprisonment in the house of correction for not more than two years.
freight containers Section 20B. Whoever steals in a truck, tractor/trailer unit, trailer, semi-trailer or freight container shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than five hundred dollars or by imprisonment in jail for not more than two years.
Section 21. 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.
Section 22. 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.
Section 23. 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.
Section 24. 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.
sixty-five or older; minimum sentence for repeat offenders Section 25. (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.
stealing; penalty Section 27. 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.
concealment to defraud insurer Section 27A. 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.
operation without owner’s consent after revocation of license; penalty Section 28. (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.
vehicles; restitution Section 29. 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.
to fire department Section 29B. 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.
Section 30. (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.
Section 30A. 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; orany 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; orany 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; orany 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; orany 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; orany 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.
Section 31. 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.
vessel Section 32. 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.
banking transactions or credit Section 33. (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 credit from any bank or trust company or any banking institution or any retail seller of goods or services accustomed to give credit in any form whatsoever shall be guilty of larceny.
misrepresentation; penalties Section 33A. 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.
Section 34. 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 the preceding section shall be guilty of larceny.
Section 35. 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.
Section 37. 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.
Section 37A. 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.
possession, presumption; arrest Section 37B. 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.
goods or services; false embossment of credit cards, multiple possession, presumption; arrest Section 37C. 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.
systems Section 37D. 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.
identity fraud; penalty; restitution Section 37E. (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.
Section 38. 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.
Section 38A. Whoever obtains a building or construction loan, secured by a mortgage of real estate, for the payment for labor furnished or to be furnished and/or materials used and/or employed or to be used and/or employed in the construction, repair, removal or alteration of a building or other structure which is attached or is to be attached to such real estate, and, before payment in full for all labor furnished or to be furnished and/or materials used or to be used and/or employed or to be employed as aforesaid, applies the proceeds of such loan, or any part thereof, to any use other than payment for labor and/or materials as aforesaid, shall be punished by a fine of not more than five hundred dollars or by imprisonment in jail for not more than one year, or both.
Section 39. 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.
Section 40. 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.
Section 41. 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.
Section 42. 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.
printer with intent to pass Section 43. 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.
Section 47. 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.
secure Section 48. 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.
Section 49. 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.
burning Section 5. 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.
Section 50. 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.
embezzlement Section 51. 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.
embezzlement Section 52. 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.
fraud or embezzlement; evidence Section 53. 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.
Section 53A. 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.
Section 54. 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.
Section 55. 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.
Section 56. 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.
Section 57. 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.
Section 58. 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.
association Section 59. 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.
Section 5A. 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.
Section 60. 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.
Section 60A. 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.
Section 61. If, upon a first conviction under the preceding section, 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.
Section 62. 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.
Section 63. 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.
Section 64. 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.
Section 65. 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.
Section 66. 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.
defraud Section 67. 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.
instrumentalities; false statements, etc. in procurement of supplies; penalty Section 67A. 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.
Section 67B. 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.
false entries in records; penalties Section 67C. 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.
Section 68. 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.
Section 69. 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.
or insignia Section 69A. 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.
by fire Section 7. 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.
Section 70. 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.
false pretences Section 71. 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.
names of benevolent organizations Section 71A. 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.
Section 72. 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.
Section 73. 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.
Section 74. 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.
Section 75. 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.
fraudulent use Section 75A. 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.
Section 75B. 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.
redeem Section 75C. 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.
Section 76. 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.
Section 77. 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.
Section 78. 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.
prohibition Section 79. 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.
Section 8. 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.
Section 80. 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.
Section 81. 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.
rented personalty for illegal sale of liquor Section 82. 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.
Section 83. 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.
Section 84. 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.
Section 85. 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.
to defraud Section 86. 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.
Section 87. 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.
dissemination of information by police Section 87A. 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.
pledge of property Section 88. 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.
without authority; use of designation “university” or “college” Section 89. 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”.
Section 9. 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.
Section 90. 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.
prohibitions Section 91. 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.
advertisement; penalty Section 91A. 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.
injunction Section 91B. 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.
publishing; prohibition Section 92. 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.
written disclosure on bill of sale; penalty Section 92A. 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.
Section 93. 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.
malicious destruction Section 94. 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.
injury Section 95. 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.
Section 96. 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.
Section 97. 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.
Section 98. 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.
destruction, defacement or injury Section 98A. 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.
Section 99. 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.
destruction of records Section 99A. 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.
attestations and other writings Section 1. 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.
counterfeited note, certificate, bill or traveller’s check Section 10. 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.
Section 11. 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.
bills, notes or traveller’s checks Section 12. 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.
counterfeited notes, certificates, bills or traveller’s checks Section 13. 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.
bank or institution bills or notes Section 14. 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.
States, a state or territory, as evidence Section 15. 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.
agents Section 16. 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.
pieces of false money Section 17. 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.
counterfeit coin; uttering, passing or tendering in payment Section 18. 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.
Section 19. 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.
Section 2. 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.
Section 20. 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.
Section 21. 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.
five dollars, as currency Section 22. 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.
Section 23. 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.
Section 24. 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.
Section 25. 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.
Section 26. 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.
Section 27. 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.
bills or notes Section 28. 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.
bills or treasury notes or other United States Securities Section 29. 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.
authority Section 3. 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.
notes or bonds or counterfeiter’s tools; destruction; return Section 30. 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.
Section 31. 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.
authority Section 4. 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.
writings Section 5. 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.
pass or badge Section 6. 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.
of credit issued for debt of commonwealth Section 7. 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.
traveller’s check Section 8. 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.
counterfeited notes or bills Section 9. 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.
Section 1. 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.
auditors, jurors, arbitrators, umpires or referees Section 13. 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.
officer Section 13A. 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.
furnishing information in connection with criminal proceedings Section 13B. Whoever, directly or indirectly, willfully endeavors by means of a gift, offer or promise of anything of value or by misrepresentation, intimidation, force or express or implied threats of force to influence, impede, obstruct, delay or otherwise interfere with any witness or juror in any stage of a trial, grand jury or other criminal proceeding or with any person furnishing information to a criminal investigator relating to a violation of a criminal statute of the commonwealth, and whoever injures any person or damages his property on account of the giving of such information to a criminal investigator or on account of testimony given at a trial, grand jury or other criminal proceeding, shall be punished by imprisonment in a house of correction for not more than two and one-half years or in the state prison for not less than two and one-half years and not more than ten years, and by a fine of not less than one thousand dollars and not more than five thousand dollars.
As used in this section a “criminal investigator” shall mean an individual or a group of individuals lawfully authorized by a department or agency of the commonwealth or any political subdivision thereof to conduct, or engage in, an investigation of, or prosecution for, a violation of the laws of the commonwealth in the course of his official duties.
Section 13C. 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.
referee, master or auditor Section 14. 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.
Section 14A. 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.
from employment Section 14B. 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.
jail; rescue Section 15. 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.
Section 15A. 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.
return from temporary release or furlough Section 16. 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 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.
custody Section 17. 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.
Section 18. 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.
penal institution Section 19. 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.
penalties of perjury; verification; false statements Section 1A. 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.
Section 2. Whoever is guilty of subornation of perjury, by procuring another person to commit perjury, shall be punished as for perjury.
refusal to receive prisoner Section 20. 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.
relieved or comforted Section 21. 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.
correctional institution; sexual relations with inmate; punishment Section 21A. 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.
Section 22. 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.
escape Section 23. 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.
Section 24. 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.
the peace to apprehend offender Section 25. 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.
possession Section 26. 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.
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