reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 273 - Desertion, Non-Support and Illegitimacy › Section 3 - Payment of Fines

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 children and families if the child has been committed to said department.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 273 - Desertion, Non-Support and Illegitimacy › Section 6 - Recognizance on Release on Probation; Compliance 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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 273 - Desertion, Non-Support and Illegitimacy › Section 7 - Evidence of Marriage and Parentage; Husband and 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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 273 - Desertion, Non-Support and Illegitimacy › Section 8 - Lack of Custody as Defence; Duty to Support Child

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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 273 - Desertion, Non-Support and Illegitimacy › Section 10 - Uniform Construction

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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 273 - Desertion, Non-Support and Illegitimacy › 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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 273 - Desertion, Non-Support and Illegitimacy › 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 or 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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 273 - Desertion, Non-Support and Illegitimacy › 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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 273 - Desertion, Non-Support and Illegitimacy › 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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 273 - Desertion, Non-Support and Illegitimacy › 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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 273 - Desertion, Non-Support and Illegitimacy › 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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 273 - Desertion, Non-Support and Illegitimacy › 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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 273 - Desertion, Non-Support and Illegitimacy › 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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 273 - Desertion, Non-Support and Illegitimacy › 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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 274 - Felonies, Accessories and Attempts to Commit Crimes › Section 1 - Felonies and Misdemeanors

Section 1. A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 274 - Felonies, Accessories and Attempts to Commit Crimes › Section 2 - Aiders; Accessories Before Fact; Punishment

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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 274 - Felonies, Accessories and Attempts to Commit Crimes › Section 3 - Counselling or Procuring Felony; Prosecution as 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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 274 - Felonies, Accessories and Attempts to Commit Crimes › Section 4 - Accessories After Fact; Punishment; Relationship 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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 274 - Felonies, Accessories and Attempts to Commit Crimes › Section 5 - Felon's Conviction or Amenability to 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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 274 - Felonies, Accessories and Attempts to Commit Crimes › Section 6 - Attempts to Commit Crimes; Punishment

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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 274 - Felonies, Accessories and Attempts to Commit Crimes › Section 7 - Conspiracy; Penalties

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.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title I - Crimes and Punishments › Chapter 274 - Felonies, Accessories and Attempts to Commit Crimes › Section 8 - Solicitation, Counsel, Advice or Enticement of Crime; Penalties

Section 8. Whoever solicits, counsels, advises, or otherwise entices another to commit a crime that may be punished by imprisonment in the state prison, with the intent that the person, in fact, commit or procure the commitment of such crime shall, except as otherwise provided, be punished as follows:
First, by imprisonment for not more than 20 years in the state prison or for not more than 21/2 years in a jail or house of correction, or by a fine of not more than $10,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was for the person to commit a crime punishable by imprisonment for life.
Second, by imprisonment for not more than 10 years in the state prison or for not more than 21/2 years in a jail or house of correction, or by a fine of not more than $10,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was for the person to commit a crime punishable by imprisonment in the state prison for 10 years or more.
Third, by imprisonment for not more than 5 years in the state prison or for not more than 21/2 years in a jail or house of correction, or by a fine of not more than $5,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was for the person to commit a crime punishable by imprisonment in the state prison for 5 years or more.
Fourth, by imprisonment for not more 21/2 years in a jail or house of correction, or by a fine of not more than $2,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was for the person to commit a crime punishable by imprisonment in the state prison for less than 5 years.
If a person is convicted of solicitation, counsel, advice or enticement 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 in the applicable section of the General Laws shall be imposed pursuant to the provisions of such other section.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 275 - Proceedings to Prevent Crimes › Section 1 - Justices Keeping Public Peace; Security

Section 1. The justices of the supreme judicial court, of the superior court, and of district courts may cause all laws made for the preservation of the public peace to be kept; and in the execution of that power may require persons to give security to keep the peace, or for their good behavior, or both, as provided in this chapter.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 275 - Proceedings to Prevent Crimes › Section 2 - Complaint of Threat to Commit Crime

Section 2. If complaint is made to any such court or justice that a person has threatened to commit a crime against the person or property of another, such court or justice shall examine the complainant and any witnesses who may be produced, on oath, reduce the complaint to writing and cause it to be subscribed by the complainant.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 275 - Proceedings to Prevent Crimes › Section 3 - Warrant to Apprehend Accused

Section 3. If, upon such examination, it is found there is just cause to fear that such crime may be committed, such court or justice shall issue a warrant, reciting the substance of the complaint, and requiring the officer to whom it is directed forthwith to apprehend the person complained of and take him before such justice or some other justice or court having jurisdiction of the cause. Such warrant, if issued by a justice, shall be under his hand.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 275 - Proceedings to Prevent Crimes › Section 4 - Punishment; Recognizance to Keep the Peace

Section 4. If the person complained of is convicted, he may be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months. Instead of imposing sentence, the court or justice may order the person complained of to enter into a recognizance, with sufficient sureties, in such sum as the court or justice orders, to keep the peace toward all the people of the commonwealth, and especially toward the person requiring such security, for such term, not exceeding six months, as the court or justice may order. The court or justice may, for good cause, revoke such order or reduce the amount of the recognizance, or order that it be taken without surety.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 275 - Proceedings to Prevent Crimes › Section 5 - Commitment on Refusal or Neglect to Recognize

Section 5. If the person complained of so recognizes, he shall be discharged, but if he refuses or neglects so to do, he shall be committed to the jail or house of correction during the period for which he was required to give security, or until within that time he so recognizes, stating in the warrant the cause of commitment and the sum and time for which security was required.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 275 - Proceedings to Prevent Crimes › Section 6 - Discharge of Accused; Complainant Paying Expenses

Section 6. If, upon such examination, it is found that there is not just cause to fear that such crime will be committed by the person complained of, he shall be forthwith discharged; and if it is found that the complaint is unfounded, frivolous or malicious, the complainant may be ordered to pay the expenses of prosecution.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 275 - Proceedings to Prevent Crimes › Section 7 - Accused Paying Expenses; Commitment

Section 7. If a person is required to give security to keep the peace or for his good behavior, the court or justice may order him to pay the expenses of prosecution, or any part thereof, and that he shall stand committed until they are paid or he is otherwise legally discharged.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 275 - Proceedings to Prevent Crimes › Section 8 - Appeal From Order to Recognize

Section 8. Whoever having waived jury trial in accordance with the provisions of section twenty-six A of chapter two hundred and eighteen is aggrieved by an order of the Boston municipal court or the district court, requiring him to recognize as provided aforesaid, may, upon giving the security required, appeal to the jury session designated pursuant to section twenty-seven A of chapter two hundred and eighteen for the conduct of jury trials in cases brought in the court wherein said order was made.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 275 - Proceedings to Prevent Crimes › Section 10 - Proceedings on Appeal

Section 10. The justice sitting in the jury session may affirm the order or discharge the appellant, or may require him to enter into a new recognizance, with sufficient sureties, in such sum and for such time as it may order, and may make such order relative to the expenses of prosecution as is just and reasonable.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 275 - Proceedings to Prevent Crimes › Section 11 - Failure to Prosecute Appeal; Recognizance Remaining in Force

Section 11. If the appellant fails to prosecute his appeal of an order of recognizance, his recognizance shall remain in full force and effect as to any breach of the condition, without an affirmation of the judgment or order of the court or justice, and shall also stand as security for any expenses of prosecution which the justice in the jury session may order the appellant to pay.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 275 - Proceedings to Prevent Crimes › Section 13 - Recognizance; Breach of Condition

Section 13. Upon a breach of the condition of a recognizance taken pursuant to the provisions of sections four to eleven, inclusive, an action thereon shall be commenced by the district attorney in the court in which the recognizance is then on file.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 275 - Proceedings to Prevent Crimes › Section 14 - Affray, Threats or Disturbance of Peace in Presence of Justice; Recognizance to Keep Peace

Section 14. Whoever, in the presence of a justice named in section one or before a court of record, makes an affray, or threatens to kill or beat another, or to commit any violence or outrage against the person or property of another, or contends with hot and angry words, to the disturbance of the peace, may be ordered, without process or any other proof, to recognize to keep the peace or be of good behavior for not more than three months, and in case of refusal may be committed as provided in section five.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 275 - Proceedings to Prevent Crimes › Section 16 - Remission of Portion of Forfeited Penalty

Section 16. If, upon a suit brought on such recognizance, the penalty thereof is adjudged forfeited, the court may, upon petition of a defendant, remit such portion of it as it finds ought to be remitted.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 275 - Proceedings to Prevent Crimes › Section 17 - Right of Surety to Surrender Principal; Discharge From Liability; New Recognizance

Section 17. A surety in a recognizance to keep the peace, or for good behavior, or both, shall have the same authority and right to take and surrender his principal as if he were bail for him in a civil cause; and after such surrender shall be discharged from all liability for any act of the principal subsequent to such surrender which would be a breach of the condition of the recognizance. The person so surrendered may recognize anew with sufficient sureties for the residue of the term, and shall thereupon be discharged.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 1a - Search Warrants for Articles Belonging to Subversive Organizations

Section 1A. A justice of the superior court, upon application of the attorney general or a district attorney, and upon complaint on oath that the complainant believes that any of the property or articles hereinafter named are concealed in a particular house or place, if satisfied that there is a reasonable cause for such belief, may issue a warrant to search for the following property or articles: books, records, files, membership lists, funds, referred to in sections eighteen and twenty-one of chapter two hundred and sixty-four, or written or printed documents, paper or pictorial representations, referred to in section eleven of said chapter two hundred and sixty-four, belonging to a subversive organization as defined in said section eighteen, or used, provided for, or intended to be used for, the purposes specified in said section eleven.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 2 - Requisites of Warrant

Section 2. Search warrants shall designate and describe the building, house, place, vessel or vehicle to be searched and shall particularly describe the property or articles to be searched for. They shall be substantially in the form prescribed in section two A of this chapter and shall be directed to the sheriff or his deputy or to a constable or police officer, commanding him to search in the daytime, or if the warrant so directs, in the nighttime, the building, house, place, vessel or vehicle where the property or articles for which he is required to search are believed to be concealed, and to bring such property or articles when found, and the persons in whose possession they are found, before a court having jurisdiction.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 2a - Form of Warrant

Section 2A. The signature on the warrant may be made by electronic signature. The warrant shall be in substantially the following form:
THE COMMONWEALTH OF MASSACHUSETTS.
(COUNTY), ss. (NAME) COURT.
To the Sheriffs of our several counties, or their deputies, any State Police Officer, or any Constable or Police Officer of any city or town, within our said Commonwealth
.
Proof by affidavit having been made this day before (name of person authorized to issue warrant) by (names of person or persons whose affidavits have been taken) that there is probable cause for believing that (certain property has been stolen, embezzled, or obtained by false pretenses; certain property is intended for use or has been used as the means of committing a crime; certain property has been concealed to prevent a crime from being discovered; certain property is unlawfully possessed or kept or concealed for an unlawful purpose).
We therefore command you in the daytime (or at any time of the day or night) to make an immediate search of (identify premises) (occupied by A.B.) and (of the person of A.B.) and of any person present who may be found to have such property in his possession or under his control or to whom such property may have been delivered, for the following property:
(description of property)
and if you find any such property or any part thereof to bring it and the persons in whose possession it is found before (court having jurisdiction) at (name of court and location).
Dated at (city or town) this . . . . . . . . . . day of . . . . . . . . . ., (insert year).
Clerk.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 2b - Affidavit in Support of Application for Search Warrant; Contents and Form

Section 2B. A person seeking a search warrant shall appear personally or through wire or electronic means before a court or justice authorized to issue search warrants in criminal cases and shall give an affidavit in substantially the form hereinafter prescribed. Such affidavit shall contain the facts, information, and circumstances upon which such person relies to establish sufficient grounds for the issuance of the warrant. The person issuing the warrant shall retain the affidavit and shall deliver it within three days after the issuance of the warrant to the court to which the warrant is returnable. Upon the return of said warrant, the affidavit shall be attached to it and shall be filed therewith, and it shall not be a public document until the warrant is returned.
The affidavit in support of the application for a search warrant shall be in substantially the following form and the signature therein be made by electronic signature:
THE COMMONWEALTH OF MASSACHUSETTS.
(COUNTY), ss. (NAME) COURT.
...., (insert year).
I, (name of applicant) being duly sworn, depose and say:
1. I am (describe position, assignment, office, etc.)
2. I have information, based upon (describe source, facts indicating reliability of source and nature of information; if based on personal knowledge and belief, so state).
3. Based upon the foregoing reliable information (and upon my personal knowledge) there is probable cause to believe that the property hereinafter described (has been stolen, or is being concealed, etc.) and may be found (in the possession of A.B. or any other person) at premises (identify).
4. The property for which I seek the issuance of a search warrant is the following: (here describe the property as particularly as possible).
Wherefore,
I respectfully request that the court issue a warrant and order of seizure, authorizing the search of (identify premises and the persons to be searched) and directing that if such property or evidence or any part thereof be found that it be seized and brought before the court; together with such other and further relief that the court may deem proper.
....................
Name.
Then personally or through wire or electronic means appeared the above named . . . . . . . . . . . . . . . . . .and made oath that the foregoing affidavit by him subscribed is true.
Before me this . . . . . . . . . . day of . . . . . . . . . ., (insert year).
Justice or Special Justice,Clerk or Assistant Clerkof the . . . . . . . . Court.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 2c - Manner of Issuing Search Warrants; Application of Secs. 2, 2a and 2b

Section 2C. Search warrants issued pursuant to section two hundred and thirteen of chapter ninety-four, sections twenty and twenty-five of chapter one hundred and ten, section ten of chapter one hundred and thirty, shall be issued in the manner provided in sections two, two A and two B, in so far as they are applicable.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 2d - No-Knock Warrants; Criteria; Execution of Search Warrants at a Residence; Remedy for Violations

Section 2D. (a) A warrant that does not require a law enforcement officer to knock and announce their presence and purpose before forcibly entering a residence shall not be issued except by a judge and only if the affidavit supporting the request for the warrant: (i) establishes probable cause that if the law enforcement officer announces their presence their life or the lives of others will be endangered; and (ii) includes an attestation that the law enforcement officer filing the affidavit has no reason to believe that minor children or adults over the age of 65 are in the home, unless there is a credible risk of imminent harm to the minor or adult over the age of 65 in the home.
(b) A police officer executing a search warrant shall knock and announce their presence and purpose before forcibly entering a residence unless authorized by a warrant to enter pursuant to subsection (a).
(c) An officer shall not dispense with the requirements of subsections (a) and (b) except to prevent a credible risk of imminent harm as defined in section 1 of chapter 6E.
(d) Evidence seized or obtained during the execution of a warrant shall be inadmissible if a law enforcement officer violates this section.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 3 - Seizure, Custody and Disposition of Articles; Exceptions

Section 3. If an officer in the execution of a search warrant finds property or articles therein described, he shall seize and safely keep them, under the direction of the court or justice, so long as necessary to permit them to be produced or used as evidence in any trial. As soon as may be, thereafter, all property seized under clause First of section one shall be restored to the owners thereof; and all other property seized in execution of a search warrant shall be disposed of as the court or justice orders and may be forfeited and either sold or destroyed, as the public interest requires, in the discretion of the court or justice, except:
(a) Diseased animals or carcasses thereof, or any tainted, diseased, corrupt, decayed or unwholesome meat, fish, vegetables, produce, fruit or provisions of any kind, or the meat of any calf killed when less than two weeks old, or any product thereof kept or concealed with intent to kill, sell or offer the same for sale for food, shall be destroyed or disposed of in accordance with section one hundred and forty-six of chapter ninety-four by the board of health or by an officer designated by the court or justice; and diseased animals found to have been kept or concealed in a particular building, place or enclosure shall be destroyed or disposed of by the division of animal health and department of food and agriculture without compensation to the owners thereof.
(b) Rifles, shotguns, pistols, knives or other dangerous weapons which have been found to have been kept, concealed or used unlawfully or for an unlawful purpose shall be forfeited to the commonwealth and delivered forthwith to the colonel of the state police for destruction or preservation in the discretion of the colonel of the state police.
(c) Money seized under clause Third of section one shall be forfeited and paid over to the state treasurer.
(d) Any property, including money seized under section one, the forfeiture and disposition of which is specified in any general or special law shall be disposed of in accordance therewith.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 3a - Time for Return of Search Warrant

Section 3A. Every officer to whom a warrant to search is issued shall return the same to the court by which it was issued as soon as it has been served and in any event not later than seven days from the date of issuance thereof, with a return of his doings thereon; provided, however, that a justice of the superior court may at any time receive complaints and issue search warrants returnable in seven days before a district court named in such warrant and in that event the officer shall make his return to such district court as directed.
2023 Massachusetts General Laws › Part IV - Crimes, Punishments and Proceedings in Criminal Cases › Title II - Proceedings in Criminal Cases › Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation › Section 4 - Notice Before Forfeiture of Property Seized Under Search Warrant

Section 4. Before a decree of forfeiture of property seized under a search warrant is issued, the court or justice shall, unless otherwise expressly provided, issue a notice under seal, signed by the clerk of the court or by the justice, setting forth the substance of the complaint, and commanding the persons, if any, in whose possession the articles were found, and the owner, if alleged, and all other persons who claim an interest therein, to appear at a time and place therein named to show cause why the articles seized should not be forfeited.