Massachusetts G.L. c. 275, § 2: Threat to Commit a Crime
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You Just Got Charged. Here's What You Need to Know.
For nearly 30 years, we have helped people through exactly what you're experiencing right now. You don't have to face this alone. If you're looking at this page, you may have just received charging documents citing Massachusetts G.L. c. 275, § 2. Understanding exactly what this charge means under Massachusetts law—and what the prosecution must prove against you—is the first step toward protecting yourself.
Call (978) 969-2890 for a free consultation.
Call (978) 969-2890 for a free consultation.
What Does G.L. c. 275, § 2 Prohibit?
Massachusetts General Laws Chapter 275, Section 2 makes it a crime to threaten to commit a crime against another person or their property. This law is designed to address threatening conduct before harm occurs.
In plain terms, this statute prohibits making a threat to injure someone or damage their property when you intend for that threat to reach a specific person, the threatened action would be a crime if carried out, and the circumstances would make a reasonable person afraid you could and would follow through.
The threat doesn't have to be made directly to the intended victim. It can be communicated through a third party or other means, as long as you intended it to reach the target. Even if the threat never actually reaches the intended victim, you can still be charged if you intended for it to be communicated.
Following the December 2024 Supreme Judicial Court decision in Commonwealth v. Cruz, this statute now requires proof that you were at least reckless about whether your communication would be viewed as threatening. This means the prosecution must show you were aware your words could be seen as threatening violence, yet you delivered them anyway.
In plain terms, this statute prohibits making a threat to injure someone or damage their property when you intend for that threat to reach a specific person, the threatened action would be a crime if carried out, and the circumstances would make a reasonable person afraid you could and would follow through.
The threat doesn't have to be made directly to the intended victim. It can be communicated through a third party or other means, as long as you intended it to reach the target. Even if the threat never actually reaches the intended victim, you can still be charged if you intended for it to be communicated.
Following the December 2024 Supreme Judicial Court decision in Commonwealth v. Cruz, this statute now requires proof that you were at least reckless about whether your communication would be viewed as threatening. This means the prosecution must show you were aware your words could be seen as threatening violence, yet you delivered them anyway.
What the Prosecution Must Prove
To convict you under G.L. c. 275, § 2, the Commonwealth must prove each element of the offense beyond a reasonable doubt. Following the 2024 Commonwealth v. Cruz decision, the prosecution must prove five elements:
Expression of Intent to Injure — The defendant expressed an intent to injure a person or property of another, now or in the future.
Intent to Communicate the Threat — The defendant intended for the threat to be conveyed to a particular person, either directly or indirectly.
Threatened Conduct Would Be Criminal — The injury threatened, if actually carried out, would constitute a crime under Massachusetts law.
Reasonable Fear Created — The threat was made under circumstances that could reasonably have caused the recipient to fear the defendant had both the intention and ability to carry out the threat.
Recklessness About Threatening Nature — The defendant was aware that others could regard the statement as threatening violence and delivered it anyway.
The Commonwealth must prove ALL elements of the offense. Weakness in proving any single element can be the foundation of your defense.
Expression of Intent to Injure — The defendant expressed an intent to injure a person or property of another, now or in the future.
Intent to Communicate the Threat — The defendant intended for the threat to be conveyed to a particular person, either directly or indirectly.
Threatened Conduct Would Be Criminal — The injury threatened, if actually carried out, would constitute a crime under Massachusetts law.
Reasonable Fear Created — The threat was made under circumstances that could reasonably have caused the recipient to fear the defendant had both the intention and ability to carry out the threat.
Recklessness About Threatening Nature — The defendant was aware that others could regard the statement as threatening violence and delivered it anyway.
The Commonwealth must prove ALL elements of the offense. Weakness in proving any single element can be the foundation of your defense.
Penalties for Threat to Commit a Crime Under Massachusetts Law
Base Penalties
Under G.L. c. 275, § 2, threatening to commit a crime is a misdemeanor punishable by:
● Fine of up to $100
● Or imprisonment in a house of correction for up to 6 months
● Fine of up to $100
● Or imprisonment in a house of correction for up to 6 months
Collateral Consequences
● A permanent criminal record that appears on background checks
● Potential impact on employment opportunities
● Possible effects on professional licenses
● Immigration consequences for non-citizens
● Complications with housing applications
● Impact on custody or family court proceedings
● Potential for restraining or harassment prevention orders
● Potential impact on employment opportunities
● Possible effects on professional licenses
● Immigration consequences for non-citizens
● Complications with housing applications
● Impact on custody or family court proceedings
● Potential for restraining or harassment prevention orders
Related Criminal Charges
● G.L. c. 265, § 43: Stalking — Pattern of conduct placing someone in fear of physical harm; felony up to 5 years state prison
● G.L. c. 265, § 43A: Criminal Harassment — Three or more incidents causing substantial emotional distress; up to 2.5 years jail
● G.L. c. 265, § 13A: Assault — Putting someone in fear of immediate bodily injury; up to 2.5 years jail
● G.L. c. 268, § 13B: Intimidation of a Witness — Threatening witnesses or others in criminal proceedings; felony up to 10 years state prison
● G.L. c. 269, § 14A: Annoying Telephone Calls or Electronic Communications — Harassing or threatening communications; misdemeanor
● G.L. c. 209A, § 7: Violation of Abuse Prevention Order — Breaking restraining order terms; up to 2.5 years jail
● G.L. c. 265, § 43A: Criminal Harassment — Three or more incidents causing substantial emotional distress; up to 2.5 years jail
● G.L. c. 265, § 13A: Assault — Putting someone in fear of immediate bodily injury; up to 2.5 years jail
● G.L. c. 268, § 13B: Intimidation of a Witness — Threatening witnesses or others in criminal proceedings; felony up to 10 years state prison
● G.L. c. 269, § 14A: Annoying Telephone Calls or Electronic Communications — Harassing or threatening communications; misdemeanor
● G.L. c. 209A, § 7: Violation of Abuse Prevention Order — Breaking restraining order terms; up to 2.5 years jail
Defending Against Threat to Commit a Crime Charges
Threat cases are highly fact-specific, and the right defense strategy depends entirely on the circumstances of your case. What was said, in what context, the relationship between the parties, and how the communication was received all matter significantly. One important protection is the First Amendment. Massachusetts law only criminalizes "true threats"—not political hyperbole, jokes, or statements that wouldn't reasonably be interpreted as actual threats of violence. Following the U.S. Supreme Court's 2023 decision in Counterman v. Colorado and the Massachusetts SJC's 2024 decision in Commonwealth v. Cruz, the Commonwealth must prove you were at least reckless about whether your communication would be viewed as threatening.
Defense strategies may involve challenging whether the alleged statement was actually a threat, whether you intended for it to reach the supposed victim, whether the circumstances would truly cause reasonable fear, or whether you understood your words could be perceived as threatening. The context of any communication—including the relationship between the parties, prior history, and exact wording—can be critical. An experienced criminal defense attorney can evaluate the Commonwealth's case and identify the strongest approach for your situation.
Defense strategies may involve challenging whether the alleged statement was actually a threat, whether you intended for it to reach the supposed victim, whether the circumstances would truly cause reasonable fear, or whether you understood your words could be perceived as threatening. The context of any communication—including the relationship between the parties, prior history, and exact wording—can be critical. An experienced criminal defense attorney can evaluate the Commonwealth's case and identify the strongest approach for your situation.
What To Do Right Now
If you've just been charged with threat to commit a crime, here's what you need to know:
● Don't talk to police beyond basic identification—anything you say can be used against you
● Don't contact the alleged victim—any contact could result in additional charges
● Don't discuss your case on social media or with anyone except your attorney
● Preserve any evidence—text messages, emails, voicemails, or other communications that provide context
● Write down everything you remember while it's fresh—what was said, when, in what context
Contact an experienced Massachusetts criminal defense attorney immediately Call (978) 969-2890 — we answer 24/7.
● Don't talk to police beyond basic identification—anything you say can be used against you
● Don't contact the alleged victim—any contact could result in additional charges
● Don't discuss your case on social media or with anyone except your attorney
● Preserve any evidence—text messages, emails, voicemails, or other communications that provide context
● Write down everything you remember while it's fresh—what was said, when, in what context
Contact an experienced Massachusetts criminal defense attorney immediately Call (978) 969-2890 — we answer 24/7.
We're Here To Help
Facing criminal charges is stressful, and understanding the law is only the first step. If you have questions about charges under G.L. c. 275, § 2, or need to discuss your specific situation, we are available to help.
For nearly 30 years, we have helped people through exactly what you're facing now. A free consultation gives you the chance to understand your charges, learn about your defense options, and decide how to move forward.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
For nearly 30 years, we have helped people through exactly what you're facing now. A free consultation gives you the chance to understand your charges, learn about your defense options, and decide how to move forward.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
