Threats Offenses

Chapter 275: 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.

Chapter 265: Section 26. Kidnapping; weapons; child under age 16; punishment


Section 26. Whoever, without lawful authority, forcibly or secretly confines or imprisons another person within this commonwealth against his will, or forcibly carries or sends such person out of this commonwealth, or forcibly seizes and confines or inveigles or kidnaps another person, with intent either to cause him to be secretly confined or imprisoned in this commonwealth against his will, or to cause him to be sent out of this commonwealth against his will or in any way held to service against his will, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two years. Whoever commits any offence described in this section with the intent to extort money or other valuable thing thereby shall be punished by imprisonment in the state prison for life or for any term of years.

Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than ten years or in the house of correction for not more than two and one-half years. The provisions of the preceding sentence shall not apply to the parent of a child under 18 years of age who takes custody of such child. Whoever commits such offense described in this section while being armed with a firearm, rifle, shotgun, machine gun or assault weapon with the intent to extort money or other valuable thing thereby shall be punished by imprisonment in the state prison for life or for any term of years but not less than 20 years.

Whoever commits any offense described in this section while armed with a dangerous weapon and inflicts serious bodily injury thereby upon another person or who sexually assaults such person shall be punished by imprisonment in the state prison for not less than 25 years. For purposes of this paragraph the term “serious bodily injury” shall mean bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ or substantial risk of death. For purposes of this paragraph, the term “sexual assault” shall mean the commission of any act set forth in sections 13B, 13F, 13H, 22, 22A, 23, 24 or 24B.

Whoever, without lawful authority, forcibly or secretly confines or imprisons a child under the age of 16 within the commonwealth against his will or forcibly carries or sends such person out of the commonwealth or forcibly seizes and confines or inveigles or kidnaps a child under the age of 16 with the intent either to cause him to be secretly confined or imprisoned in the commonwealth against his will or to cause him to be sent out of the commonwealth against his will or in any way held to service against his will, shall be punished by imprisonment in the state prison for not more than 15 years. The provisions of the preceding sentence shall not apply to the parent of a child under 16 years of age who takes custody of such child.

THREAT TO COMMIT CRIME

The defendant is charged with having threatened to commit a crime against the person or property of another. Threatening another with a crime against his or her person or property is itself a crime.
In order to prove the defendant guilty of this offense, the Commonwealth must prove four things beyond a reasonable doubt:
First: That the defendant expressed an intent to injure [alleged victim] (and) (or) his (her) property, now or in the future;
Second: That the defendant intended that it be conveyed to [alleged victim] ;
Third: That the injury that was threatened, if carried out, would constitute a crime; and
Fourth: That the defendant made the threat under circumstances which could reasonably have caused [alleged victim] to fear that the defendant had both the intention and the ability to carry out the threat.


G.L. c. 275, §§ 2-4. Commonwealth v. Chalifoux, 362 Mass. 811, 816-817, 291 N.E.2d 635, 639 (1973) (victim’s testimony of prior assault relevant to issue of apprehension); Commonwealth v. DeVincent, 358 Mass. 592, 594-595, 266 N.E.2d 314, 315-316 (1971); Commonwealth v. Maiden, 61 Mass. App. Ct. 433, 436 , 810 N.E.2d 1279, 1281 (2004) (actual receipt by victim of threat not a necessary element; intent that threat be conveyed to target is sufficient, whether or not it was successfully communicated); Commonwealth v. Hughes, 59 Mass. App. Ct. 280, 283, 795 N.E.2d 594, 596 (2003); Commonwealth v. Ditsch, 19 Mass. App. Ct. 1005, 475 N.E.2d 1235 (1985) (immediate or personal ability to carry out threat unnecessary, only “intention and ability in circumstances which would justify apprehension on the part of the recipient”); Commonwealth v. Daly, 12 Mass. App. Ct. 338, 424 N.E.2d 1138 (1981) (under Mass. R. Crim. P. 4[b], others beside victim may bring complaint). See also Wagenmann v. Adams, 829 F.2d 196, 207 (1st Cir. 1987); Robinson v. Bradley, 300 F.Supp. 665, 668 (D. Mass. 1969) (3-judge court); Commonwealth v. Kerns, 449 Mass. 641, 871 N.E.2d 433 (2007).




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