Massachusetts General Laws

Mass. Gen. Laws ch. 127, § 38B (2026)

Assaults upon guards; bodily substances; penalty

✓ current as of July 2026

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Section 38B. (a) For the purposes of this section, ''bodily substance'' shall mean any human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, semen, urine or feces.

(b) Any person in the custody of a correctional facility, including any jail, house of correction, trial court detention facility or state prison, who commits an assault or an assault and battery upon an officer or other employee, any volunteer or employee of a contractor in any such facility or any duly authorized officer or other employee of any such facility engaged in the transportation of a prisoner for any lawful purpose shall be punished by imprisonment for not more than 2 and one-half years in a jail or house of correction or for not more than 10 years in a state prison. Such sentence shall begin from and after all sentences currently outstanding and unserved at the time of said assault or assault and battery.

(c) Any person in the custody of a correctional facility, including any jail, house of correction, trial court detention facility or state prison, who commits an assault or an assault and battery by means of a bodily substance upon an officer or other employee, any volunteer or employee of a contractor in any such facility or any duly authorized officer or other employee of any such facility engaged in the transportation of a prisoner for any lawful purpose shall be punished by imprisonment for not more than 2 and one-half years in a jail or house of correction or for not more than 10 years in a state prison. Such sentence shall begin from and after all sentences currently outstanding and unserved at the time of said assault or assault and battery.

Notes of Decisions

Cited in 25 cases (2 in the last 5 years), 1973–2026 · leading case: Commonwealth v. Means, 907 N.E.2d 646 (Mass. 2009).

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Commonwealth v. Means, 907 N.E.2d 646 (Mass. 2009). · cites it 2× “G. L. c. 127, § 38B. G. L. c. 265, § 15A.”

Commonwealth v. Francis, 511 N.E.2d 38 (Mass. App. Ct. 1987). · cites it 4× “G. L. c. 127, § 38B. He claims error in the judge’s instructions.”

Commonwealth v. Deschaine, 932 N.E.2d 854 (Mass. App. Ct. 2010). · cites it 3× “The defendant, Scott Deschaine, was convicted by a Superior Court jury of assault and battery upon a correction officer, in violation of G. L. c. 127, § 38B. Claiming principally that his trial attorney should have introduced *507 psychiatric evidence, he now appeals his…”

United States v. Goodridge, 392 F. Supp. 3d 159 (D.D.C. 2019). · cites it 3× “265, § 13D or Mass. Gen. Laws ch. 127, § 38B. Either way, the First Circuit has explained that the elements of the crimes under these statutes are parallel.”

Commonwealth v. Martin, 341 N.E.2d 885 (Mass. 1976). “1 With regard to the alleged attack on Officer Quealey, the defendant was convicted of assault and battery on a guard of a correctional institution (G. L. c. 127, § 38B), assault and battery with a dangerous weapon (G.”

Commonwealth v. Colon, 958 N.E.2d 56 (Mass. App. Ct. 2011). “506, 514-515 (2010) (interpreting assault and battery on correction officer, G. L. c. 127, § 38B). Thus, the Commonwealth may meet its burden by proving harmful battery, reckless battery, or offensive battery, plus the additional elements.”

Commonwealth v. Spearin, 846 N.E.2d 390 (Mass. 2006). “266, § 130; assault on a correctional officer, G. L. c. 127, § 38B; and assault by means of a dangerous weapon, G.”

Commonwealth v. Brown, 305 N.E.2d 830 (Mass. 1973). “Tarrant, inmates of the Massachusetts Correctional Institution at Walpole, were tried by a jury in Norfolk Superior Court in October, 1971, upon indictments charging them severally with assault and battery upon a correctional officer, contrary to the statute, G. L. c. 127, §…”

Commonwealth v. Ford, 468 N.E.2d 663 (Mass. App. Ct. 1984). · cites it 4× “A jury convicted the defendant of assault and battery on a correctional officer (G. L. c. 127, § 38B). On appeal the defendant argues (1) that his motion for a required finding of not guilty should have been granted; (2) that the judge’s instructions wrongfully removed from the…”

Commonwealth v. Campbell, 747 N.E.2d 190 (Mass. App. Ct. 2001). “265, § 13A, rather than assault and battery on a correction officer, G. L. c. 127, § 38B. When Massucco fell, his “man down” alarm summoned an emergency response team.”

United States v. Jonas, 689 F.3d 83 (1st Cir. 2012). “2d 854, 861 (2010) (explaining that a conviction for assault and battery on a correctional officer under Mass. Gen. Laws ch. 127, § 38B requires the Commonwealth “to prove the defendant knew that the person he struck was a correction officer.”

Commonwealth v. Correia, 737 N.E.2d 1264 (Mass. App. Ct. 2000). “576, 579-580 (1987) (instructions on assault and battery given generally, followed by instructions relating to assault and battery on a correction officer pursuant to G. L. c. 127, § 38B). The judge also correctly instructed the jury on the additional elements, as stated in G.”

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