Massachusetts General Laws

Mass. Gen. Laws ch. 127, § 38A (2026)

Holding officers and employees as hostages

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 38A. Any prisoner in any penal or reformatory institution who holds any officer or employee of such institution or any other person as a hostage shall be punished by imprisonment in the state prison for not more than twenty years.

Notes of Decisions
Cited in 3 cases, 2006–2009 · leading case: Commonwealth v. Spearin, 846 N.E.2d 390 (Mass. 2006).
Commonwealth v. Spearin, 846 N.E.2d 390 (Mass. 2006). · cites it 4× “Camara, as a joint venturer, of hostage taking, G. L. c. 127, § 38A. 3 (Several other inmates were also tried along with the defendants.”
State v. Neuman, 683 S.E.2d 268 (S.C. 2009). · cites it 2× “, Mass. Gen. Laws Ann. ch. 127, § 38A (2002) ("Any prisoner in any penal or reformatory institution who holds any officer or employee of such institution *407 or any other person as a hostage shall be punished by imprisonment in the state prison for not more than twenty years.”
Camara v. Nolan, 582 F. Supp. 2d 113 (D. Mass. 2008). “he violated Mass. Gen. Laws ch. 127 § 38A. Camara made a threat to kill the seized officer, which is an element of the hostage taking offence, he was present at the place of the hostage taking and he did not cooperate with prison authorities.”
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