In Massachusetts, threatening to commit a crime is a criminal offense that occurs when a person communicates a serious threat to commit a crime against another person or their property, causing fear that the threat may be carried out. A conviction under M.G.L. c. 275 § 2 can result in fines, probation, or jail time, depending on the circumstances.
If you or someone you love has been charged with threatening to commit a crime under M.G.L. c. 275 § 2, this guide explains what the law says, what the prosecution has to prove, and what may be done to defend against these charges.
What Is "Threatening to Commit a Crime"?
Massachusetts law makes it a crime to threaten to harm a person or their property. Importantly, this charge is about the threat itself — not the underlying act. You do not need to have actually hurt anyone or damaged any property to face this charge. The threat alone is enough.
This is different from, say, assault and battery (which involves physical contact) or vandalism (which involves actually destroying property). With a threat charge, the Commonwealth is saying: the way you communicated — your words, your actions, or your message — placed someone in reasonable fear that you were going to commit a crime against them.
What Must the Prosecution Prove?
To convict you of this charge, the prosecution (called “the Commonwealth“) must prove five things beyond a reasonable doubt:
- You expressed an intent to injure a person or property. This could be stated outright or implied. It can refer to something you would do now or in the future.
- You intended the threat to reach a specific person. The threat has to be aimed at someone in particular — not just a vague statement into the air.
- The threatened act would itself be a crime. For example, threatening to punch someone, burn down their house, or steal their car would all qualify, because those acts are themselves crimes.
- The circumstances were such that a reasonable person could have been afraid. Courts look at this objectively — not just whether the alleged victim was scared, but whether a reasonable person in their position would have been. The defendant must have had both the apparent intention and the apparent ability to carry out the threat.
Importantly, you don’t have to be physically capable of carrying out the threat in the moment — just that the circumstances made it reasonable to believe you could.
- You were aware (or should have been aware) that your words could be seen as threatening. You don’t have to have wanted to cause fear, but you must have known or consciously ignored the risk that your words would come across as a threat of violence or injury.
Does the Threat Have to Be Made Directly?
- Directly to the person
- Indirectly, through a third party (for example, telling a mutual friend “tell John I’m going to hurt him”)
- Even if the threat never actually reached the person, as long as you intended for it to reach them
What About Free Speech?
This is an important protection. The First Amendment protects free speech, and Massachusetts courts have recognized that not every threatening-sounding statement is a crime. The law only applies to what are called “true threats” — statements where the speaker genuinely intended to put someone in fear, or at least knew that others would likely view the statement as threatening.
Political speech, hyperbole, or statements made in obvious jest may not qualify as true threats. For example, a statement made at a political rally in obvious protest is very different from a direct, personal message to someone with a history of conflict. Context matters enormously.
Is This a Felony or a Misdemeanor?
What Are the Penalties?
Under M.G.L. c. 275 § 4, the maximum penalty is:
- Up to 6 months in jail (in a house of correction), or
A peace bond — a court order requiring you to post a sum of money as a guarantee of your good behavior for up to 6 months
Could I Be Held Before Trial?
A standalone charge of threatening to commit a crime under c. 275 § 2 does not qualify as a predicate offense for a pretrial dangerousness hearing under M.G.L. c. 276 § 58A. That statute generally applies to felonies involving the use or threatened use of physical force, or to misdemeanors involving domestic abuse as defined under c. 209A.
However, if your case also involves a domestic abuse charge under c. 209A, or if you are charged alongside a qualifying felony, the prosecution may seek to have you held without bail under § 58A. In that scenario, a judge can order pretrial detention if the Commonwealth proves by clear and convincing evidence that no conditions of release would reasonably ensure public safety. Having an experienced attorney with you at arraignment — your very first court appearance — is critical if that possibility exists.
Are There Any Sex Offender Registry Consequences?
In most cases, a standalone threat charge under c. 275 § 2 does not trigger sex offender registration requirements. However, if the threat is a threat to commit a sex offense, it can trigger registration obligations under the Sex Offender Registry Law (G.L. c. 6, §§ 178C et seq.). This is a serious collateral consequence that deserves careful attention if the underlying threatened crime was sexual in nature.
What About Immigration Consequences?
If you are not a U.S. citizen, a criminal conviction — even for a misdemeanor — can have devastating immigration consequences. This includes possible deportation, bars to obtaining legal status, and disqualification from programs like DACA.
A few important things to understand:
- A continuance without a finding (CWOF) combined with probation is treated as a conviction for immigration purposes, even though it is not a formal guilty finding under Massachusetts law.
- Pretrial probation under G.L. c. 276 § 87 is generally not considered a conviction for immigration purposes.
- If you are a noncitizen, it is essential that your defense attorney understands both the criminal and immigration consequences of any plea or disposition.
Threatening to commit a crime under M.G.L. c. 275 § 2 is a misdemeanor.
What About RMV (Driver's License) Consequences?
A conviction for threatening to commit a crime does not typically result in a mandatory driver’s license suspension by the Registry of Motor Vehicles. However, if the charge is related to a road rage incident or is combined with other charges (such as operating under the influence), there may be RMV consequences from the associated charges.
What Are Common Defenses?
- No “true threat.” If your words were clearly hyperbole, venting, or political expression — and a reasonable person would not have taken them as a genuine threat — they may not meet the legal definition.
- No intent to communicate. If you never intended the statement to reach the alleged victim, the Commonwealth may struggle to prove the second element of the charge.
- Context. The setting, the relationship between the parties, and the circumstances in which the words were said all matter. Words spoken during a heated argument in a TV show may be viewed very differently than a carefully planned message.
- Lack of ability. While you don’t need to literally be able to carry out the threat, circumstances showing you had no realistic ability to do so can undercut the element requiring that a reasonable person would have been in fear.
- Mistaken identity or misattribution. In some cases, the alleged threat may have been made by someone else, or the words may have been taken out of context or misreported.
