Massachusetts General Laws Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280) Ch. 266, § 127

<[ Text of section effective until April 13, 2018.  For text effective April 13, 2018, see below.]>

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.

§ 127

<[ Text of section as amended by 2018, 69, Sec. 154 effective April 13, 2018.  For text effective until April 13, 2018, see above.]>

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 willful and malicious, be punished by imprisonment in the state prison for not more than 10 years or by a fine of $3,000 or 3 times the value of the damage caused to the property so destroyed or injured, whichever is greater, and imprisonment in jail for not more than 2 1/2 years;  or if such destruction or injury is wanton, shall be punished by a fine of $1,000 or 3 times the value of the damage to the property so destroyed or injured, whichever is greater, or by imprisonment for not more than 2 1/2 years;  if the value of the damage to the property so destroyed or injured is not alleged to exceed $1,200, the punishment shall be by a fine of 3 times the value of the damage to property or by imprisonment for not more than 2 1/2 years;  provided, however, that where a fine is levied pursuant to the value of the damage to the property destroyed or injured, the court shall, after conviction, conduct an evidentiary hearing to ascertain the value of the damage to 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.


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