Massachusetts Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Massachusetts does not divide felonies into classes. 'A crime punishable by death or imprisonment in the state prison is a felony.' Maximum terms and fines are set in each offense's own statute (for example, rape of a child under 16 is punishable by imprisonment in the state prison for life or for any term of years, G.L. c. 265, § 23).

'All other crimes are misdemeanors' — that is, any crime not punishable by death or imprisonment in the state prison. Misdemeanors are not divided into classes; each offense statute sets its own penalty. Some conduct is made only a civil offense (for example, possession of 3 ounces or less of marijuana, G.L. c. 94C, § 32L).

Larceny of property worth more than $1,200, or of a firearm, can be punished by up to five years in state prison, or by a fine of up to $25,000 and up to two years in jail. Larceny of property worth $1,200 or less (other than a firearm) can be punished by up to one year in jail or a fine of up to $1,500.

In the prosecution of a person who was an occupant of a dwelling for killing or injuring another person who was unlawfully in the dwelling, 'it shall be a defense that the occupant was in his dwelling at the time of the offense' and acted in the reasonable belief that the person unlawfully in the dwelling was about to inflict great bodily injury or death upon the occupant or another person lawfully in the dwelling, and that the occupant used reasonable means to defend himself or such other person. 'There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.'

Murder: an indictment may be found 'at any time after the death of the person alleged to have been murdered.' Listed sexual offenses (including G.L. c. 265, §§ 13B, 13B 1/2, 13B 3/4, 13F, 13L, 22A-22D, 23, 23A, 23B, 24B and § 50(b)) may be charged at any time, but a charge brought more than 27 years after the offense must be supported by independent corroborating evidence. Rape (c. 265, §§ 22, 24) and § 50(a): within 15 years. Certain other listed offenses (c. 265, §§ 13A(b)(iii), 13M, 17, 18, 19, 21; c. 272, § 17): within 10 years. Any other crime: 'within 6 years after such crime has been committed.' For listed offenses against a victim under 16, the period does not begin until the victim turns 16 or the offense is reported to law enforcement, whichever is earlier. Time when the defendant is not usually and publicly a resident of the Commonwealth is excluded.

A district court justice, clerk or assistant clerk, bail commissioner or master in chancery may admit a person to bail. The person shall be released on personal recognizance without surety unless the official determines, in the official's discretion, that such release 'will not reasonably assure the appearance of the person before the court.' Factors include the nature and circumstances of the offense and potential penalty, family ties, employment, length of residence, criminal record, history of failure to appear, and pending cases or probation. Bail must be set no higher than what would reasonably assure appearance after taking the person's financial resources into account; if bail is likely to result in long-term detention because the person cannot pay, the official must make written or recorded findings, including how the amount was calculated after considering financial resources. A person denied release by a district court justice may petition the superior court for review (G.L. c. 276, § 58). Dangerousness: for listed offenses (including felonies involving physical force, certain abuse-prevention-order violations and certain drug and firearm offenses), the Commonwealth may move for pretrial detention; the judge must find by clear and convincing evidence that no conditions will reasonably assure the safety of any other person or the community; the hearing is held at the first appearance unless continued (defendant up to 7 days, Commonwealth up to 3 business days), and detention without bail is limited, absent good cause, to 120 days in district court or 180 days in superior court (G.L. c. 276, § 58A).

Counsel for indigent defendants is provided through the Committee for Public Counsel Services, which establishes the definition of indigency (including a category of persons who are indigent but able to pay a reduced fee), subject to approval by the Supreme Judicial Court (c. 211D, § 2). Before counsel is appointed, the court's chief probation officer (or designee) interviews the applicant and prepares an indigency intake report, signed under the pains and penalties of perjury, with a recommendation that the judge may adopt or reject; eligibility is verified with Department of Revenue, Department of Transitional Assistance and Registry of Motor Vehicles data and reassessed every 6 months. A $150 counsel fee is assessed on persons provided counsel (except persons under 18); the court may waive it only if the person cannot pay within 180 days, and may allow community service at 10 hours for each $100 owed. Material misrepresentation of assets results in termination of the appointment and costs of not less than $1,000 (c. 211D, § 2A).

Sexual intercourse or unnatural sexual intercourse with a child 'under 16 years of age' is rape and abuse of a child, punishable by imprisonment in the state prison for life or for any term of years (c. 265, § 23). Aggravated rape and abuse of a child (state prison for life or any term of years, but not less than 10 years): the victim is under 16 and (a) the defendant is more than 5 years older and the victim is under 12; (b) the defendant is more than 10 years older and the victim is between 12 and 16; or (c) the defendant was a mandated reporter (c. 265, § 23A).

Adult-use marijuana is legal for persons 21 or older. Effective April 19, 2026 (St. 2026, c. 65, § 29), a person 21 or older may possess, use, purchase, process or manufacture 2 ounces or less of marijuana in public, 'or the equivalent amount of marijuana products as determined by the commission' (previously 1 ounce, of which not more than 5 grams could be concentrate); may possess up to 10 ounces in the person's primary residence plus marijuana from home-grown plants; and may grow not more than 6 plants for personal use, with no more than 12 plants on the premises (c. 94G, § 7). Effective April 19, 2026 (St. 2026, c. 65, § 7), possession of 3 ounces or less of marihuana 'shall only be a civil offense' (previously 2 ounces): a civil penalty of $100 and forfeiture for offenders 18 to 21 (and for those under 18 who complete a drug awareness program); an under-18 offender who does not complete the drug awareness program and community service within one year may face a penalty of up to $1,000. The civil offense is not recorded in the criminal offender record information system (c. 94C, § 32L).

Simple assault (or assault and battery) is a misdemeanor punishable by up to 2 1/2 years in a house of correction or a fine up to $1,000. It becomes a felony, punishable by up to 5 years in state prison (or up to 2 1/2 years in a house of correction or a $5,000 fine, or both), when it causes serious bodily injury, the victim is known to be pregnant, or the victim is protected by a restraining or no-contact order in effect against the offender. Assault by means of a dangerous weapon is a felony punishable by up to 5 years in state prison, a fine up to $1,000, or up to 2 1/2 years in jail. Assault and battery by means of a dangerous weapon is punishable by up to 10 years in state prison (up to 15 years and $10,000 when it causes serious bodily injury or the victim is pregnant, a child under 14, or protected by a court order).

Massachusetts treats battery together with assault in one statute: 'assault or assault and battery' is a misdemeanor punishable by up to 2 1/2 years in a house of correction or a fine up to $1,000. The same statute raises it to a felony (up to 5 years in state prison) for serious bodily injury, a known-pregnant victim, or a victim protected by a court order. Assault and battery on a family or household member is a separate offense (see domestic violence).

Assault or assault and battery on a family or household member is a separate crime. 'Family or household member' means people who are or were married, have a child in common, or are or have been in a substantive dating or engagement relationship. A first offense is punishable by up to 2 1/2 years in a house of correction, a fine up to $5,000, or both; a second or later offense is a felony punishable by up to 2 1/2 years in a house of correction or up to 5 years in state prison. Strangulation or suffocation of anyone is a separate felony punishable by up to 5 years in state prison (or 2 1/2 years in a house of correction or a $5,000 fine, or both), rising to up to 10 years and a fine up to $10,000 when it causes serious bodily injury, the victim is known to be pregnant, the person has a prior strangulation conviction, or a protective order is in effect.

Shoplifting is a separate crime. When the goods are worth less than $250, a first offense is punishable only by a fine up to $250; a second offense by a fine of $100 to $500; and a third or later offense by a fine up to $500, up to two years in jail, or both. When the goods are worth $250 or more, any violation is punishable by a fine up to $1,000, up to 2 1/2 years in a house of correction, or both. Thefts of larger amounts can also be charged as larceny, which becomes a felony above $1,200.

Burglary in Massachusetts is breaking and entering a dwelling at night with intent to commit a felony. Unarmed burglary is punishable by up to 20 years in state prison (at least 5 years with a prior burglary conviction); armed burglary, or burglary with an assault on someone inside, is punishable by life or at least 10 years (at least 15 years if armed with a firearm). Breaking and entering other buildings, vehicles or vessels at night to commit a felony carries up to 20 years; breaking and entering in the daytime (or entering a dwelling at night without breaking) to commit a felony, with no one put in fear, carries up to 10 years in state prison or a $500 fine and up to two years in jail. Robbery (taking property from a person by force or fear) is punishable by life or any term of years whether armed or unarmed; armed robbery with a firearm carries a minimum of 5 years, and robbery of a person 60 or older has a 2-year minimum for repeat offenders.

Vandalism is called malicious destruction of property. Willfully and maliciously destroying or injuring another's property is punishable by up to 10 years in state prison or up to 2 1/2 years in jail, with a fine of $3,000 or 3 times the value of the damage, whichever is greater. If the damage is not alleged to exceed $1,200, the punishment is a fine of three times the damage or up to 2 1/2 years. Wanton (reckless) destruction is punishable by a fine of $1,000 or 3 times the damage, whichever is greater, or up to 2 1/2 years. Graffiti or tagging is a separate felony punishable by up to three years in state prison or a fine up to $1,500, plus the cost of removal; fines double for war or veterans' memorials.

Trespass is entering or staying, without right, in or on another's dwelling, building, boat, improved or enclosed land, wharf, pier or school bus after being forbidden by the person in control, directly or by posted notice, or in violation of certain court orders. It is a misdemeanor punishable by a fine up to $100, up to 30 days in jail, or both. The statute does not apply to a tenant or occupant who entered lawfully and stays after the tenancy ends; the owner must use civil eviction.

Possessing a controlled substance without a prescription is generally punishable by up to one year in jail, a fine up to $1,000, or both. Possessing heroin is punishable by up to two years in a house of correction, a fine up to $2,000, or both for a first offense, and 2 1/2 to 5 years in state prison or a fine up to $5,000 for a later offense; Class E substances carry up to six months or $500. A first-time offender with no prior drug conviction who completes a continuance without a finding or probation may have the case dismissed and records sealed. Simple possession or use of drug paraphernalia is not a crime; only selling or making it for sale is (up to two years).

Leaving the scene after knowingly hitting another vehicle or property without stopping and giving your name, address and registration is punishable by a fine of $20 to $200, two weeks to two years in jail, or both. Leaving after knowingly injuring a person (no death) is punishable by six months to two years and a fine of $500 to $1,000, and the license must be revoked. If the injury causes death and the driver left to avoid prosecution or arrest, the penalty is 2 1/2 to 10 years in state prison or one to 2 1/2 years in jail, plus a fine of $1,000 to $5,000, with at least one year that cannot be suspended.

Operating a motor vehicle recklessly, or negligently so that the lives or safety of the public might be endangered, is a criminal offense punishable by a fine of $20 to $200, two weeks to two years in jail, or both. On conviction, the registrar generally must revoke the license immediately unless the court recommends otherwise.

Criminal harassment is willfully and maliciously engaging in a knowing pattern of conduct aimed at a specific person that seriously alarms them and would cause a reasonable person substantial emotional distress, including by mail, phone or electronic communication. A first offense carries up to 2 1/2 years in a house of correction, a fine up to $5,000, or both; a second offense is a felony with up to 10 years in state prison and a fine up to $15,000. Stalking adds a threat meant to put the person in imminent fear of death or bodily injury, and expressly includes email, internet and instant messages. Stalking is a felony punishable by up to 5 years in state prison or a $1,000 fine (or up to 2 1/2 years in a house of correction); stalking in violation of a restraining order carries a mandatory 1 to 5 years, and a second stalking offense carries a mandatory 2 to 10 years.

Resisting arrest is knowingly preventing or trying to prevent a police officer from making an arrest by using or threatening force or violence, or by other means that create a substantial risk of bodily injury. It is a misdemeanor punishable by up to 2 1/2 years in a jail or house of correction, a fine up to $500, or both, and it is not a defense that the arrest was unlawful if the officer was acting under color of authority without excessive force. Refusing or neglecting to stop a motor vehicle when signaled by a uniformed police officer is punishable by a fine of $100.

A person released on bail or recognizance on condition of appearing in court who fails to appear without sufficient excuse commits a crime (often called bail jumping or default). When the underlying case is a misdemeanor, the penalty is a fine of not more than $10,000, up to one year in a house of correction, or both. When the underlying case is a felony, the penalty is a fine of not more than $50,000 and up to five years in state prison or up to two and one-half years in a house of correction, or both. Any jail term for failure to appear must be served consecutively to the sentence for the original offense.

A probation officer may arrest a person on probation without a warrant and bring the person to court, or the court may issue a warrant; the probationer then has a probation surrender (violation) hearing before a judge. If the person has not yet been sentenced, the court may sentence the person or make another lawful disposition; if a sentence was suspended, the court may continue the suspension or revoke it, in which case the sentence takes full effect. When the probation involves a felony, the district attorney gets a copy of the notice of surrender and may be heard and present evidence at the hearing. Only a judge (or a person exercising a magistrate's powers) may make the findings and orders.

Massachusetts' main obstruction crime is intimidation of witnesses: willfully threatening, injuring, bribing, misleading, intimidating or harassing a witness, potential witness, victim, juror, judge, police or probation officer, or a family member of such a person, intending (or with reckless disregard) to interfere with a criminal investigation or proceeding, a probation or parole violation proceeding, or a civil proceeding, or to retaliate for participating in one. It is a felony punishable by up to 10 years in state prison or up to 2 and one-half years in a house of correction, a fine of $1,000 to $5,000, or both. When the case involves a crime punishable by life imprisonment, the maximum is 20 years and a fine of up to $10,000.

Perjury is willfully swearing or affirming falsely about a material matter when lawfully required to tell the truth in a judicial proceeding, or swearing falsely when an oath is required by law. Perjury at the trial of an indictment for a capital crime is punishable by imprisonment in state prison for life or any term of years. In any other case, it is punishable by up to twenty years in state prison, or by a fine of not more than $1,000 or up to two and one-half years in jail, or both; it is a felony. Admitting the falsity in the same proceeding before it substantially affects the proceeding bars prosecution.

Massachusetts handles public drunkenness through protective custody rather than arrest. A police officer may help an incapacitated (intoxicated) person, with or without consent, to their home, a treatment facility, or a police station, where the person may be held in protective custody until no longer incapacitated or for no longer than twelve hours, whichever is shorter. A person assisted or held in protective custody under this law is not considered to have been arrested or charged with any crime, and the custody entry is not treated as an arrest or criminal record.

Being a disorderly person or a disturber of the peace is a misdemeanor. For a first offense, the penalty is a fine of not more than $150; for a second or later offense, up to 6 months in a jail or house of correction, a fine of not more than $200, or both. The same statute punishes accosting or annoying another person with offensive and disorderly acts or language by up to 6 months, a fine of not more than $200, or both. A school student may not be adjudged delinquent for disorderly conduct in school buildings, on school grounds or at school events.

Indecent exposure is a misdemeanor punishable by up to 6 months in a jail or house of correction, a fine of not more than $200, or both. The more serious crime of open and gross lewdness and lascivious behavior is a felony punishable by up to three years in state prison, up to two years in jail, or a fine of not more than $300.

Prostitution is called engaging in sexual conduct for a fee. Engaging, agreeing or offering to engage in sexual conduct in return for a fee is punishable by up to 1 year in a house of correction, a fine of not more than $500, or both. Buying sex (paying, agreeing or offering to pay someone for sexual conduct) is punished more severely: up to 2 and one-half years in a house of correction, a fine of $1,000 to $5,000, or both. Paying or offering to pay for sexual conduct with a child under 18 is a felony punishable by up to 10 years in state prison (or up to 2 and one-half years in a house of correction) and a fine of $3,000 to $10,000, and the case may not be continued without a finding or placed on file.

Massachusetts permits gaming conducted under its casino gaming law (M.G.L. chapter 23K) and sports wagering conducted under its sports wagering law (M.G.L. chapter 23N); the state's bookmaking statute expressly does not apply to gaming or sports wagering conducted in accordance with those chapters. Illegal bookmaking, such as keeping a place or device for registering bets or selling pools on a game, contest or election, or holding bets for compensation, is punishable by a fine of not more than $3,000, up to three years in state prison, or up to two and one-half years in jail or a house of correction.

Embezzlement is charged as larceny: unlawfully converting or hiding another person's property with intent to steal or embezzle, whether or not the person had possession of it at the time. If the value exceeds $1,200 (or the property is a firearm), it is a felony punishable by up to five years in state prison, or a fine of not more than $25,000 and up to two years in jail. If the value does not exceed $1,200, the penalty is up to one year in jail or a fine of not more than $1,500.

Identity fraud is, with intent to defraud, posing as another person without authorization and using their personal identifying information (such as name, Social Security number, driver's license, bank or credit card number, or password) to obtain money, credit, goods, services or identification, or to harass; obtaining another's identifying information to pose as them or help someone else do so is also identity fraud. It is punishable by a fine of not more than $5,000, up to two and one-half years in a house of correction, or both. Credit card fraud, such as using a stolen, forged, expired or revoked credit card to obtain more than $1,200 in money or goods, or making counterfeit cards, is punishable by a fine of not more than $10,000, up to two and one-half years in a jail or house of correction, or up to five years in state prison (a felony), or both.

Forgery is falsely making, altering, forging or counterfeiting, with intent to injure or defraud, a public record, deed, will, promissory note, check-like instrument, credit card, stock certificate or other listed writing. It is a felony punishable by up to ten years in state prison or up to two years in jail. Uttering (passing as true a forged or altered document, knowing it is forged) carries the same penalty. Writing a bad check (making or delivering a check with intent to defraud, knowing there are insufficient funds) is charged as attempted larceny, or as larceny if money, property or services are obtained; a refused check is prima facie evidence of intent to defraud unless the writer pays the amount due within two days after notice.

Extortion is maliciously threatening, verbally or in writing, to accuse someone of a crime or to injure a person or property (or, for a police officer or licensing official, unlawfully threatening to use official power) with intent to extort money or any pecuniary advantage, or to compel someone to act against their will. It is a felony punishable by up to fifteen years in state prison, up to two and one-half years in a house of correction, a fine of not more than $5,000, or both.

First-degree murder is murder committed with deliberately premeditated malice aforethought, with extreme atrocity or cruelty, or during a crime punishable by life imprisonment (felony murder); all other murder is second-degree, and the jury decides the degree. The statute punishes first-degree murder by life in state prison without parole eligibility, except that a person who was 14 to 17 at the time is sentenced to life with parole eligibility after a term the court sets. Second-degree murder is punished by life in state prison with parole eligibility after a term set by the court. Massachusetts has no third-degree murder and no death penalty.

Manslaughter (voluntary or involuntary, as defined by case law) is punished by up to 20 years in state prison, or by up to 2.5 years in jail plus a fine up to $1,000; manslaughter committed while violating the explosives laws carries life or any term of years. Homicide by a motor vehicle while under the influence (OUI) combined with reckless or negligent driving is a felony punished by 2.5 to 15 years in state prison (or 1 to 2.5 years in jail) and a fine up to $5,000, with at least 1 year served. Homicide by motor vehicle caused by OUI or by negligent driving is punished by 30 days to 2.5 years in jail, a $300-$3,000 fine, or both.

Reckless endangerment of a child is wantonly or recklessly engaging in conduct that creates a substantial risk of serious bodily injury or sexual abuse to a child under 18, or wantonly or recklessly failing to take reasonable steps to reduce such a risk when there is a duty to act; it is punished by up to 2.5 years in the house of correction (a misdemeanor). Contributing to the delinquency of a child (causing, inducing, abetting or encouraging it) is punishable by a fine up to $500, up to 1 year, or both.

Arson of a dwelling house - willfully and maliciously burning a dwelling (including apartments, hotels, dormitories and hospitals) or an adjoining building, whether owned by the defendant or not and occupied or not - is punished by up to 20 years in state prison, or up to 2.5 years in jail, and/or a fine up to $10,000. Burning other buildings, structures, vehicles such as ships or rail cars, or their contents carries up to 10 years in state prison or 2.5 years in jail. Burning other property (such as lumber, crops, woods, motor vehicles, boats or personal property worth over $25) carries up to 3 years in state prison, or a fine up to $500 and up to 1 year in jail. Burning insured property to defraud the insurer carries up to 5 years in state prison or 2.5 years in jail.

Animal cruelty covers overdriving, overworking, torturing, tormenting, cruelly beating, mutilating or killing an animal, depriving it of necessary food, failing to provide proper food, drink, shelter, sanitary environment or protection from the weather, abandoning it, or transporting it cruelly. It is a felony punishable by up to 7 years in state prison or 2.5 years in the house of correction, and/or a fine up to $5,000; a second or later offense carries up to 10 years and/or $10,000. The animal is forfeited to an animal-protection society, and anyone convicted of animal cruelty is barred from working in any job requiring contact with animals (such as shelters, pet shops, groomers and veterinary clinics).

Yes. Since 2024 the criminal harassment statute makes it a crime to knowingly distribute nude, partially nude or sexual images of an identifiable person (including realistic computer-generated 'digitized' images) that cause physical or economic injury or substantial emotional distress, either with intent to harm, harass, intimidate, threaten or coerce, or with reckless disregard for the harm, the person's lack of consent and the person's reasonable expectation of privacy. It is punished by up to 2.5 years in the house of correction and/or a fine up to $10,000; a repeat offense can bring up to 10 years in state prison. Consent to creating an image is not consent to sharing it, and the statute preserves civil remedies such as court orders to stop distribution.

Massachusetts has no separate criminal 'cyberbullying' offense; its school anti-bullying law (G.L. c. 71, § 37O) requires school policies. Online harassment of anyone, including minors, can be charged as criminal harassment: willfully and maliciously engaging in a knowing pattern of conduct directed at a specific person that seriously alarms that person and would cause a reasonable person substantial emotional distress, expressly including email, internet communications and instant messages. It is punished by up to 2.5 years in the house of correction and/or a fine up to $5,000, with up to 10 years in state prison for a repeat offense.

Since 2024, when a child is alleged to be delinquent for violating the child pornography or related image statutes (G.L. c. 272, §§ 29B, 29C or 29D) - the laws used for teen sexting - the juvenile court must, before arraignment, stay the case indefinitely and send the child to an educational diversion program developed by the Attorney General, unless the district attorney objects in writing and the court decides otherwise. If the child has already been arraigned, the court places the child on pretrial probation conditioned on completing the program. If the child completes the program the Attorney General reports it to the court; if not, the case returns to the docket.

Money laundering - knowingly transporting, possessing or transacting in money or property derived from criminal activity to promote crime, to conceal or disguise its nature, source or ownership, or to avoid reporting requirements, or directing such transactions - is a felony punished by up to 6 years in state prison and/or a fine up to $250,000 or twice the value of the property, whichever is greater. A second or later offense carries 2 to 8 years and/or a fine up to $500,000 or three times the value. The statute is not graded by amount.

Trafficking of persons for sexual servitude (recruiting, enticing, harboring, transporting or obtaining a person for commercial sexual activity, sexual performances or unlawful pornography, or benefiting from it) and trafficking of persons for forced services are each punished by 5 to 20 years in state prison and a fine up to $25,000, with a 5-year mandatory minimum and no probation or parole before then. When the victim is under 18, the penalty is life or any term of years, but not less than 5 years. A business entity that commits trafficking can be fined up to $1,000,000, and victims may sue in tort.

Massachusetts pedestrian rules are set by the state highway department and by cities and towns (with state approval) rather than written into one statute. A violation of those pedestrian rules is punished by a fine of $1 for each of the first, second or third offense in a calendar year and $2 for the fourth or later offense; the officer gives the pedestrian a written notice to appear before the district court clerk.

Anyone who possesses an open container of alcohol in the passenger area of a motor vehicle on a public way or in a place the public can access is punished by a fine of $100 to $500. The passenger area does not include the trunk, a locked glove compartment or, in a vehicle without a trunk, the area behind the last upright seat. Passengers in vehicles used to carry people for hire and people in the living quarters of a motor home or house trailer are exempt, but the driver of any vehicle may never possess an open container.

A person under 21, not accompanied by a parent or guardian, who knowingly possesses, transports or carries alcohol is punished by a fine up to $50 for a first offense and up to $150 for a later offense (with an exception for 18- to 20-year-olds carrying alcohol for their job), and the registrar must suspend the person's driver's license for 90 days. A person under 21 who buys or tries to buy alcohol, has someone buy it, or misrepresents age or falsifies identification to buy it is fined $300, with a 180-day license suspension. Making, using, carrying or lending a false ID card or license, or using another person's, is a misdemeanor punishable by a fine up to $200 or up to 3 months.

Driving after one's license has been suspended or revoked is punished, for a person with no prior such offense, by a fine of not more than $500 (this lower first-offense rule does not apply when the suspension was for OUI or certain other serious offenses). Otherwise the statute sets a fine of $500 to $1,000 and/or up to 10 days for a first offense, and 60 days to 1 year for a subsequent offense. Driving after revocation as a habitual traffic offender carries a fine of $500 to $5,000 and/or up to 2 years.

No one under 16 may drive, and no one else may drive without a Massachusetts license (or a valid learner's permit or other exception). Driving without ever having been issued a license is punished by a fine up to $500 for a first offense, $500 to $1,000 for a second, and $1,000 to $2,000 for later offenses. Drivers must also have their license and registration on their person or in the vehicle; violations of motor vehicle rules with no specific penalty carry a fine up to $35 for a first offense, rising to $75-$150 for repeat offenses within 12 months.

Massachusetts law makes it a crime to carry on one's person, or under one's control in a vehicle, a stiletto, dagger, dirk knife, ballistic knife, a knife with a detachable propelled blade, any knife with a double-edged blade, a switch knife or a spring-release (automatic) knife with a blade over 1.5 inches, a device that lets a locking-blade knife be drawn locked, and other listed weapons. The penalty is 2.5 to 5 years in state prison or 6 months to 2.5 years in jail; a person with no prior felony conviction may instead receive a fine up to $50 or up to 2.5 years in jail.

Massachusetts bans the sale, possession and use of all consumer fireworks, expressly including firecrackers, cherry bombs, sky rockets, Roman candles, sparklers, fountains and similar items; only toy caps with very small amounts of explosive are allowed, and supervised displays require a permit from the State Fire Marshal. Selling or offering fireworks for sale is punished by a fine of $100 to $1,000 and/or up to 1 year, and the fireworks are forfeited. Possessing or using fireworks is punished by a fine of $10 to $100, and police must seize the fireworks.

Kidnapping (without lawful authority forcibly or secretly confining or imprisoning someone, or forcibly carrying them out of the state or seizing them, intending to hold them secretly or against their will) is punished by up to 10 years in state prison, or up to 2 years in jail plus a fine up to $1,000. Kidnapping to extort money or something of value carries life or any term of years; kidnapping while armed with a firearm carries at least 10 years in state prison (or up to 2½ years in a house of correction), and at least 20 years if also for ransom. Kidnapping while armed with a dangerous weapon that causes serious bodily injury, or with a sexual assault, carries at least 25 years. Kidnapping a child under 16 carries up to 15 years, but this and the firearm provision do not apply to a parent taking custody of their own child.

Threatening to commit a crime against another person or their property is the misdemeanor of threat to commit a crime, punishable by a fine up to $100 or up to six months, or the court may instead order the person to post a bond to keep the peace for up to six months. Communicating a threat (in person, by phone, email, internet or otherwise) that a firearm, bomb, dangerous chemical or biological agent or other deadly device will be used or is present somewhere, or threatening to hijack an aircraft, ship or common carrier, is a felony with up to 20 years in state prison or 2½ years in a house of correction and/or a fine up to $10,000. If the threat causes an evacuation or serious disruption of a school, building, event or public transport, the penalty is 3 to 20 years in state prison (or 6 months to 2½ years in a house of correction) and/or a $1,000 to $50,000 fine, plus mandatory restitution of response costs.

Stealing a motor vehicle or trailer, maliciously damaging one, knowingly buying, receiving or possessing a stolen one, or taking a vehicle and stealing its parts is a felony punishable by up to 15 years in state prison, up to 2½ years in jail, and/or a fine up to $15,000; a second or later offense carries at least 1 year with no probation or parole, and the case cannot be continued without a finding. A conviction also brings an immediate driver's license revocation of 1 year (5 years for a later offense). Joyriding, called using a motor vehicle without authority, carries a $50 to $500 fine and/or 30 days to 2 years for a first offense, up to 5 years in state prison for a second, and 6 months to 5 years for a third within five years.

Buying, receiving or helping conceal stolen or embezzled property knowing it was stolen (including property police represent as stolen in a sting) is punished by value. If the property is worth $1,200 or less, a first offense carries up to 2½ years in a house of correction or a fine up to $3,000, and a second or later offense up to 5 years in state prison and/or $5,000. If the property is worth more than $1,200, the penalty is up to 5 years in state prison or 2½ years in a house of correction and/or a fine up to $5,000. Stolen motor vehicles are covered by a separate, harsher statute (G.L. c. 266, § 28).

Organized retail crime is acting with 2 or more others, within 180 days, to steal, embezzle or obtain by fraud retail merchandise worth more than $2,500 in order to resell it or put it back into commerce; thefts from one or more stores can be added together. It is punished by up to 10 years in state prison. If the merchandise is worth more than $10,000 it is aggravated organized retail crime, with up to 15 years. A leader (organizer, supervisor, financier or manager) of an organized retail theft enterprise faces up to 20 years in state prison and/or a fine up to $250,000 or five times the retail value of merchandise seized, whichever is greater.

Manufacturing, distributing or possessing with intent to distribute a Class B drug (such as cocaine) is punished by up to 10 years in state prison or 2½ years in a house of correction and/or a $1,000 to $10,000 fine, and up to 10 or 15 years for repeat offenders; other classes have their own sections. Trafficking, based on net weight, carries mandatory minimum prison terms: for cocaine, 18 to 36 grams carries 2 to 15 years (2-year minimum), rising to 12 to 20 years at 200 grams or more; for heroin, morphine or opium, 18 to 36 grams carries 3½ to 30 years, rising to 12 to 30 years at 200 grams or more; for fentanyl, 10 grams or more carries 3½ to 20 years (3½-year minimum). Trafficking in 50 pounds or more of marijuana carries graded mandatory minimums from 1 year up to 8 years.

Uttering a false prescription for a controlled substance, or knowingly obtaining a controlled substance by forgery, fraud, deception or subterfuge, including a forged or falsified prescription or hiding a material fact from a practitioner (such as other prescriptions), is punished by up to 4 years in state prison or 2½ years in a house of correction and/or a fine up to $20,000. After a prior conviction under this section or for a drug felony, the maximum rises to 8 years in state prison and/or $30,000. Using a fictitious, revoked or another person's registration number to make or distribute controlled substances carries the same penalties.

Causing serious bodily injury by operating a motor vehicle while at 0.08 or more or under the influence of alcohol, marijuana or drugs, and driving recklessly or negligently, is a felony punishable by 2½ to 10 years in state prison or 6 months to 2½ years in jail, plus a fine up to $5,000; at least 6 months must be served without probation, parole or suspension, and the case cannot be continued without a finding. Causing serious bodily injury while impaired without proof of reckless or negligent driving carries up to 2½ years in a house of correction, a fine of at least $3,000, or both.

Operating a motor vehicle in a race, on a bet or wager, or to set a speed record in violation of the speed laws on a public way is punished like reckless driving: a fine of $20 to $200 and/or 2 weeks to 2 years. Drag racing (accelerating at high speed in competition with another driver, whether or not there is an agreement to race, causing tire and engine noise), or an owner allowing it, is punished by up to 2½ years in a house of correction or a fine up to $1,000, plus a license suspension of at least 30 days for a first offense and 180 days for a later one. Junior operators and learner's permit holders face a $250 minimum fine and 1-year suspension for a first drag-racing offense and $500 and 3 years for a later one, plus a road-rage program and reinstatement fees of $500 or $1,000.

Operating a vessel with a blood alcohol level of 0.08 or more, or while under the influence of liquor, marijuana, narcotics, depressants, stimulants or toxic vapors, is punished by a fine of $100 to $1,000, up to 2½ years in jail, or both. With one prior like offense (or assignment to an alcohol program) within six years, the penalty is a $300 to $1,000 fine and 14 days to 2½ years, with at least 14 days served; with two priors within six years, $500 to $1,000 and 6 months to 2½ years, with at least 6 months served.

Presenting, or helping prepare, a claim document to an insurer knowing it contains a false or fraudulent material statement, with intent to defraud, is punished by up to 5 years in state prison, or 6 months to 2½ years in jail, and/or a fine of $500 to $10,000. Fraudulent applications or claims under motor vehicle, theft or comprehensive insurance carry up to 5 years in state prison or 6 months to 2½ years in a house of correction and/or a $1,000 to $10,000 fine, with mandatory restitution to the insurer; where possible the fine should equal twice the loss. A licensed damage appraiser or registered repair shop that inflates an appraisal or repair bill can also lose its license or registration for up to 2 years.

Knowingly making a false statement, or failing to disclose a material fact one has a duty to disclose, to the state welfare department to obtain support or payment under an assistance program is punished by a fine of $200 to $500 or up to 1 year in jail, and other criminal charges may also be brought. Knowingly making a false or misleading statement, or concealing a material fact, to obtain, keep or increase unemployment benefits is a felony punishable by up to 5 years in state prison, or 6 months to 2½ years in jail, and/or a $1,000 to $10,000 fine, with each false statement a separate offense; giving a false identity in a claim carries $100 to $1,000 and/or up to 6 months. Employers that evade contributions by false statements face a $10,000 to $50,000 fine and/or up to 5 years.

Corruptly giving, offering or promising anything of value to a state, county or municipal employee or a judge to influence an official act, to get them to allow fraud on the government, or to induce a violation of duty, or an official corruptly seeking or accepting anything of value in return, is punished by a fine up to $100,000, up to 10 years in state prison or 2½ years in a house of correction, or both; a person finally convicted can never hold public office in Massachusetts. Bribing or being bribed as a witness is punished the same way. Commercial bribery (offering a benefit to another's agent or fiduciary to influence their conduct in the employer's business, or the agent accepting it) is punished by up to 5 years in state prison and/or a fine up to $10,000.

Willfully attempting in any way to evade or defeat a Massachusetts tax, or its payment, is a felony punishable by a fine up to $100,000 ($500,000 for a corporation), up to 5 years, or both, plus costs of prosecution. Willfully failing to collect, account for and pay over a tax one is required to collect (such as sales or withholding tax) is a felony with a fine up to $10,000 and/or up to 5 years. Willfully failing to pay tax, file a return, keep records or supply information when required is a misdemeanor with a fine up to $25,000 ($100,000 for a corporation) and/or up to 1 year.

Massachusetts calls forcible sexual assault rape: sexual intercourse compelled by force and against the person's will, or by threat of bodily injury, is punished by up to 20 years in state prison; a second offense, or a rape that causes serious bodily injury, is committed by a joint enterprise, or during listed violent crimes or burglaries, is punishable by life or any term of years. Rape while armed with a firearm carries at least 10 years (at least 15 years for a repeat offense). Sexual touching without consent is indecent assault and battery: on a person 14 or older, up to 5 years in state prison or 2.5 years in a house of correction, and up to 10 years when the victim is elderly or disabled (up to 20 years for a repeat offense). Sex with a consenting minor is covered on the age-of-consent page.

Rape of a child under 16 by force or threat of bodily injury is punishable by life or any term of years in state prison. Rape and abuse of a child (sexual intercourse with a child under 16, even without force) is punishable by life or any term of years in state prison, or a term in a jail or house of correction. Indecent assault and battery on a child under 14 is punishable by up to 10 years in state prison or 2.5 years in a house of correction, and a child under 14 is deemed unable to consent. Prosecutions for these crimes may not be continued without a finding or placed on file.

Knowingly buying or possessing a photo, video, computer image or other depiction of a child the person knows or should know is under 18 engaged in sexual conduct or a lewd exhibition is punishable, for a first offense, by up to 5 years in state prison or 2.5 years in a jail or house of correction and/or a fine of $1,000 to $10,000; a second offense carries at least 5 years in state prison and/or a $5,000 to $20,000 fine, and a third or later offense at least 10 years and/or $10,000 to $30,000. Using a child in a sexual depiction or performance (posing a child in a state of nudity with lascivious intent, or causing a child to engage in sexual conduct for visual material) and disseminating such material each carry 10 to 20 years in state prison and/or a $10,000 to $50,000 fine.

Massachusetts' main luring law is enticement of a child under 16: enticing (luring, soliciting, coaxing or inviting) a child under 16, or someone believed to be under 16, to enter, leave or stay in a vehicle, home, building or outdoor space, intending that the person or someone else commit a listed sex crime or child pornography offense or a crime of force. It is punishable by up to 5 years in state prison or 2.5 years in a house of correction, or imprisonment plus a fine up to $5,000. Separately, using electronic communication to entice a child under 18 into prostitution, human trafficking or commercial sexual activity is punishable by up to 5 years in state prison or 2.5 years in a house of correction and/or a fine of at least $2,500; a repeat offense carries at least 5 years in state prison and a fine of at least $10,000.

The Sex Offender Registry Board classifies registrants as level 1 (low risk; not publicly disclosed), level 2 (moderate) or level 3 (high). The duty to register generally ends 20 years after conviction or release from all custody or supervision, whichever is later, but lasts for life for people convicted of two or more sex offenses on different occasions, of a sexually violent offense, those found to be sexually violent predators, or others the Board makes subject to lifetime registration; a registrant may apply to end registration early after 10 offense-free years by clear and convincing evidence of low risk. Knowingly failing to register, verify, report an address change, or giving false information is punishable on a first conviction by 6 months to 2.5 years in a house of correction or up to 5 years in state prison and/or a $1,000 fine; a second or later conviction carries at least 5 years in state prison, and certain offenders also receive community parole supervision for life.

In Massachusetts a person convicted of a felony (or a misdemeanor punishable by more than 2 years, a violent crime, a firearms or controlled-substance offense, or a misdemeanor crime of domestic violence) is a 'prohibited person' who cannot be issued a firearms license, and possessing a firearm without a license outside one's home or business is punishable by 2.5 to 5 years in state prison or 18 months to 2.5 years in a jail or house of correction, with an 18-month mandatory minimum. Possessing a firearm or ammunition without the required identification card is punishable by up to 2 years and/or a fine. If the person has a prior conviction for a violent crime or serious drug offense, an unlicensed-possession violation carries 3 to 15 years in state prison, rising to at least 10 years with two such priors.

Unauthorized computer access means knowingly accessing a computer system by any means without authorization, or staying on after learning access is not authorized; requiring a password or other authentication is notice that access is limited. It is punishable by up to 30 days in a house of correction and/or a fine up to $1,000. Damaging data or systems may also be charged under other property-crime statutes.

Massachusetts is an all-party consent state: its wiretap law defines an illegal interception as secretly hearing or secretly recording a wire or oral communication with a device, unless the person has prior authority from all parties to the communication. Willfully intercepting (or trying to intercept) a wire or oral communication is punishable by a fine up to $10,000, up to 5 years in state prison or 2.5 years in a jail or house of correction, or both. Because the law covers secret recording, open recording that all parties know about is not an interception.

Intentionally and knowingly making a false report of a crime to police is punishable by a fine of $100 to $500, up to 1 year in a jail or house of correction, or both. Willfully and maliciously making a false call to a 9-1-1 center that results in emergency services being sent to a nonexistent emergency or the wrong place ('swatting'), or making 3 or more silent 9-1-1 calls that cause dispatches, is punishable by up to 2.5 years in a house of correction or a fine up to $1,000; a repeat offense carries up to 10 years in state prison, and the court must order restitution of the emergency response costs.

Massachusetts has a hate crime law: committing an assault or battery on a person, or damaging their property, with intent to intimidate them because of race, color, religion, national origin, sexual orientation, gender identity or disability is punishable by up to 2.5 years in a house of correction and/or a fine up to $5,000, and the court may order restitution up to three times the property damage. A hate-crime battery causing bodily injury is punishable by up to 5 years in state prison and/or a fine up to $10,000, and up to 10 years if the offender was armed with a firearm.

The Massachusetts Parole Board grants and revokes parole permits. When a permit is revoked, the Board may order the parolee's arrest and return to the prison or jail where the sentence was imposed, and the person is held under the original sentence. Time between release on parole and the issuance of a parole violation warrant counts toward the sentence, but time between issuance and service of the warrant does not; if the parolee is convicted of a new crime, the warrant generally is not served until the new sentence ends.

Violating an abuse prevention (209A) order, or a protection order from another jurisdiction, is punishable by a fine up to $5,000, up to 2.5 years in a house of correction, or both, plus a $25 assessment. For any violation, or as a condition of a continuance without a finding, the court must order a certified batterer's intervention program unless it finds in writing good cause not to, and it may not substitute anger management or substance abuse treatment.

Juvenile court handles offenses committed before age 18, but a person who was 14 to 17 when charged with first or second degree murder is prosecuted in adult court. A youth 14 to 17 charged with an offense punishable by state prison may be indicted as a 'youthful offender' if he or she was previously committed to the Department of Youth Services, the offense involved inflicting or threatening serious bodily harm, or it involved certain firearm crimes. A youthful offender stays in juvenile court but, with written findings on public safety, may receive the adult sentence for the offense or a combination sentence (Department of Youth Services commitment to age 21 plus a suspended adult sentence).

Massachusetts's murder statute does not provide for the death penalty. First-degree murder is punished by life in state prison without parole (for offenders who were 14 to 17 at the time, life with parole eligibility after a term set by the court), and second-degree murder by life with parole eligibility. Older provisions in chapter 279 describing how a death sentence would be carried out (electrocution or, at the prisoner's election, lethal injection) remain in the General Laws, but the current punishment statute for murder lists only life imprisonment.

In Massachusetts, a person who is incarcerated in a correctional facility because of a felony conviction may not register or vote. People convicted of felonies who are on probation or parole, or who have been released, may register and vote. A person may also be disqualified by law for corrupt practices in elections.

Voting rights return automatically on release from incarceration for the felony; the person simply registers. For jury service, a person is disqualified if convicted of a felony within the past seven years, while a felony case is pending, or while in the custody of a correctional institution. Firearm licenses are handled separately: people with felony convictions are 'prohibited persons' who cannot be issued a firearms license. A sentence may be commuted by the governor and the Governor's Council under chapter 127, section 152.

Massachusetts has two habitual offender rules. A person convicted of a felony who has two prior convictions with state or federal prison sentences of at least 3 years each is a habitual criminal and must receive the maximum term provided by law for the new felony. A person with two prior convictions for listed violent or sexual crimes (specific sections of chapters 265, 266 and 272), each with a prison sentence of at least 3 years, who commits a third listed crime must receive the maximum term for that crime, with no reduction, suspension, probation, parole, work release, furlough or good-conduct credit. Juvenile adjudications do not count for the second rule, and a pardon on grounds of innocence removes a prior.

The Massachusetts Department of Public Health states that hemp-derived delta-8 THC products may not be processed or sold in Massachusetts. Its guidance explains that the Department of Agricultural Resources (MDAR) Hemp Program considers delta-8 to be produced synthetically from hemp and does not allow these products. The same guidance says it is not legal to manufacture or sell food or drinks containing hemp-derived CBD or THC, and that only businesses licensed by the Cannabis Control Commission may sell beverages that include THC.

Psilocybin and psilocyn are Class C controlled substances in Massachusetts. Possessing them is punishable by up to 1 year in jail and/or a fine of up to $1,000; after a prior drug possession conviction (or a drug felony under chapter 94C), the maximum is 2 years in a house of correction and/or a $2,000 fine.

Kratom and its alkaloids (mitragynine and 7-hydroxymitragynine) are not listed in any of Massachusetts's controlled substance classes (A through E), so possessing kratom is not a controlled substance crime under chapter 94C.

According to the Massachusetts Department of Public Health, it is not legal to manufacture or sell food or beverages (including bottled and carbonated drinks) containing hemp-derived CBD or THC in Massachusetts, including full-spectrum, broad-spectrum and whole-plant hemp extracts; hulled hemp seeds, hemp seed protein and hemp seed oil may be added to food. An MDAR hemp processing license does not create an exception, and hemp products may not be marketed with therapeutic claims without FDA approval. Cosmetics containing hemp or CBD are not banned by a specific rule but must not be adulterated or misbranded.

The minimum age to buy tobacco products in Massachusetts is 21, and 'tobacco products' include electronic cigarettes and other vaping and nicotine delivery products. No one may sell or provide a tobacco product to a person under 21. A violation is punished by a fine of $1,000 for a first offense, $2,000 for a second and $5,000 for a third or later offense.

Massachusetts protects people 60 or older ('elders') and people with disabilities. Assault and battery on an elder or person with a disability causing bodily injury carries up to 5 years in state prison (or 2.5 years in a house of correction) and/or a $1,000 fine; causing serious bodily injury carries up to 10 years and/or $5,000. A caretaker who wantonly or recklessly permits bodily injury or an assault causing bodily injury faces up to 5 years and/or $5,000; who commits or permits abuse, neglect or mistreatment faces up to 3 years and/or $5,000; and who permits serious bodily injury faces up to 10 years and/or $10,000.

Massachusetts makes it a crime to secretly photograph, videotape or electronically surveil a nude or partially nude person who has a reasonable expectation of privacy, or to secretly capture images of a person's intimate parts under or around their clothing (for example, 'upskirting'), without the person's knowledge and consent: up to 2.5 years in a house of correction and/or a $5,000 fine. If the victim is a child under 18, the penalty rises to up to 5 years in state prison and/or $10,000. Spreading such images is punishable by up to 5 years and/or $10,000, or up to 10 years when the images are of a child.

Assault and battery on a public employee (including police officers) performing their duties carries 90 days to 2.5 years in a house of correction and/or a fine of $500 to $5,000; since March 3, 2026 this also covers public transit workers and assault by bodily fluids. If it includes an attempt to disarm a police officer, the maximum is 10 years in state prison. Assault and battery causing serious bodily injury to a police officer carries 1 to 10 years with a mandatory minimum of 1 year that cannot be suspended, and a fine of $500 to $10,000 may be added. By comparison, ordinary assault or assault and battery carries up to 2.5 years in a house of correction or a $1,000 fine.