Massachusetts General Laws

Mass. Gen. Laws ch. 119, § 52 (2026)

Delinquent children; definitions

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Section 52. The following words as used in the following sections shall, except as otherwise specifically provided, have the following meanings:

''Court'', a division of the juvenile court department.

''Delinquent child'', a child between 12 and 18 years of age who commits any offense against a law of the commonwealth; provided, however, that such offense shall not include a civil infraction, a violation of any municipal ordinance or town by-law or a first offense of a misdemeanor for which the punishment is a fine, imprisonment in a jail or house of correction for not more than 6 months or both such fine and imprisonment.

''Probation officer'', a probation officer or assistant probation officer of the court having jurisdiction of the pending case.

''Punishment as is provided by law'', any sentence which may be imposed upon an adult by a justice of the district court or superior court.

''Youthful offender'', a person who is subject to an adult or juvenile sentence for having committed, while between the ages of fourteen and 18, an offense against a law of the commonwealth which, if he were an adult, would be punishable by imprisonment in the state prison, and (a) has previously been committed to the department of youth services, or (b) has committed an offense which involves the infliction or threat of serious bodily harm in violation of law, or (c) has committed a violation of paragraph (a), (c) or (d) of section ten or section ten E of chapter two hundred and sixty-nine; provided that, nothing in this clause shall allow for less than the imposition of the mandatory commitment periods provided in section fifty-eight of chapter one hundred and nineteen.

Notes of Decisions
Cited in 69 cases (12 in the last 5 years), 1924–2025 · leading case: Wallace W. v. Commonwealth, 128 N.E.3d 581 (Mass. 2019).
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Wallace W. v. Commonwealth, 128 N.E.3d 581 (Mass. 2019). · cites it 8× “**789 The recent amendment to G. L. c. 119, § 52, excludes from the definition of "[d]elinquent child," and thus from the jurisdiction of the Juvenile Court, children who commit "a **790 first offense of a misdemeanor for which the punishment is a fine, imprisonment in a jail or…”
Commonwealth v. Anderson, 963 N.E.2d 704 (Mass. 2012). · cites it 2× “See G. L. c. 119, §§ 52, 54, 58; Commonwealth v.”
Commonwealth v. Connor C., 738 N.E.2d 731 (Mass. 2000). · cites it 3× “3 G. L. c. 119, §§ 52, 54. We are concerned in this case with the category of “youthful offend *638 ers” who violate the law concerning firearms, G.”
Commonwealth v. Russ R., 744 N.E.2d 39 (Mass. 2001). · cites it 2× “” 7 See G. L. c. 119, §§ 52, 54. The 1996 legislation permits Juvenile Court judges to treat violent juvenile offenders more severely than juveniles who commit less serious crimes, including sentencing such offenders to a State prison or house of correction.”
Commonwealth v. Weston W., 913 N.E.2d 832 (Mass. 2009). · cites it 2× “” See G. L. c. 119, § 52. 23 Once a child is deemed “delinquent,” Juvenile Court judges have the authority to commit the minor to the custody of the DYS until age eighteen.”
Commonwealth v. Okoro, 26 N.E.3d 1092 (Mass. 2015). · cites it 2× “G. L. c. 119, § 52. 20 consideration any of the attributes of youth identified in Miller as relevant to the issue of sentencing.”
Commonwealth v. Ogden O., 864 N.E.2d 13 (Mass. 2007). · cites it 2× “” G. L. c. 119, § 52. In recognition of the severity of certain crimes committed by juvenile offenders, the Massachusetts Legislature enacted comprehensive legislation in 1996 that amended the delinquency statute, G.”
Watts v. Commonwealth, 8 N.E.3d 717 (Mass. 2014). · cites it 3× “As relevant here, the act amended the upper limit of the operative ages in the definitions of a “ [delinquent child” and “youthful offender” under G. L. c. 119, § 52, from seventeen years of age to eighteen.”
Chardin v. Police Comm'r, 989 N.E.2d 392 (Mass. 2013). · cites it 2× “” G. L. c. 119, § 52. General Laws c. 119, §§ 52-63, govern proceedings involving delinquent children.”
Lazlo L. v. Commonwealth, 122 N.E.3d 532 (Mass. 2019). · cites it 2× “69, entitled "An Act relative to criminal justice reform" (act), a child who commits an offense before the age of twelve or who commits a civil infraction, violates a municipal ordinance or town bylaw, or commits a first offense of a misdemeanor "for which the punishment is a…”
United States v. McGhee, 651 F.3d 153 (1st Cir. 2011). · cites it 2× “Mass. Gen. Laws ch. 119, §§ 52 , 58, 58B, 61 (1994) (amended 1996).”
Commonwealth v. Clint C., 715 N.E.2d 1032 (Mass. 1999). · cites it 2× “” See G. L. c. 119, §§52 and 54. Expanding on the clear language of the statute to include troubling cases such as this one is the function of the Legislature, not the Judiciary.”
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