Massachusetts G.L. c. 275, § 2: Threat to Commit a Crime
If you're looking at this page, you may have just received charging documents or a summons. Take a breath. Being charged with a criminal offense is frightening, but understanding what you're facing is the first step toward protecting yourself.
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You Just Got Charged. Here's What You Need to Know.
For more than 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.
This statute also reaches your state of mind, not just your words. Massachusetts law requires proof that you were aware of, or consciously disregarded, a substantial risk that your communication would be viewed as threatening violence or injury. The prosecution must show you were aware that others could regard your statement that way, and that you made it 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.
This statute also reaches your state of mind, not just your words. Massachusetts law requires proof that you were aware of, or consciously disregarded, a substantial risk that your communication would be viewed as threatening violence or injury. The prosecution must show you were aware that others could regard your statement that way, and that you made it 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. The District Court's model jury instruction for this charge, Instruction 6.700 (revised February 2026), sets out five elements:
Expression of Intent to Injure — You expressed an intent to injure a person or property of another, now or in the future.
Intent to Communicate the Threat — You 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 person who received it to fear that you had both the intention and the ability to carry it out.
Recklessness About Threatening Nature — You were aware that others could regard the statement as threatening violence or injury, and made 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 — You expressed an intent to injure a person or property of another, now or in the future.
Intent to Communicate the Threat — You 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 person who received it to fear that you had both the intention and the ability to carry it out.
Recklessness About Threatening Nature — You were aware that others could regard the statement as threatening violence or injury, and made 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 and 4, threatening to commit a crime is a misdemeanor punishable by:
● Fine of up to $100
● Or imprisonment for up to 6 months
● Or, instead of a sentence, an order to enter into a recognizance to keep the peace
That third option is worth understanding, because it is the one most people have never heard of. Section 4 of the same chapter allows the court, rather than imposing a fine or a sentence, to order you to enter into a recognizance with sureties to keep the peace toward everyone in the Commonwealth and especially toward the complainant, for a term of up to six months. The court may set the amount, order that the recognizance be taken without a surety, or revoke or reduce it for good cause. It is a real alternative disposition in these cases and it is worth asking for.
● Fine of up to $100
● Or imprisonment for up to 6 months
● Or, instead of a sentence, an order to enter into a recognizance to keep the peace
That third option is worth understanding, because it is the one most people have never heard of. Section 4 of the same chapter allows the court, rather than imposing a fine or a sentence, to order you to enter into a recognizance with sureties to keep the peace toward everyone in the Commonwealth and especially toward the complainant, for a term of up to six months. The court may set the amount, order that the recognizance be taken without a surety, or revoke or reduce it for good cause. It is a real alternative disposition in these cases and it is worth asking for.
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 in a house of correction, a fine of up to $5,000, or both
● G.L. c. 265, § 13A: Assault — Putting someone in fear of immediate bodily injury; up to 2.5 years in a house of correction, a fine of up to $1,000, or both
● 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 in a house of correction, a fine of up to $5,000, or both
● G.L. c. 265, § 13A: Assault — Putting someone in fear of immediate bodily injury; up to 2.5 years in a house of correction, a fine of up to $1,000, or both
● 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. The Commonwealth must also prove that 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.
Common Questions About Threat Charges
Does the threat have to reach the person it was about?
No. The Commonwealth has to prove you intended the threat to be passed on to that person, directly or through someone else. It does not have to prove the threat actually got there.
Did the person have to actually be afraid?
No. The question is whether the circumstances could reasonably have made the person fear you meant it and could carry it out. Whether they were actually afraid can be considered, but it is not required.
Can I be charged for something I said as a joke or in anger?
Only a true threat is a crime. Exaggeration, jokes, and political hyperbole are not, and the Commonwealth must also prove you were aware others could take your words as a threat of violence or injury and said them anyway. Context matters a great deal.
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, since 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, including what was said, when, and 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, since 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, including what was said, when, and 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 more than 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. Learn why working with us is the right choice.
Call (978) 969-2890 for a free consultation. Serving Greater Boston and Eastern Massachusetts.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
For more than 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. Learn why working with us is the right choice.
Call (978) 969-2890 for a free consultation. Serving Greater Boston and Eastern Massachusetts.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
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