Mass. Gen. Laws » Part I Title XXII Chapter 166
Massachusetts General Laws

Mass. Gen. Laws ch. 166, § 42B (2026)

Fraudulently avoiding charges for telecommunication service; use of equipment, etc.; penalties

✓ current as of July 2026
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Section 42B. Whoever makes any instrument, apparatus, equipment or device which is designed, adapted or which is used to fraudulently obtain telecommunication service in the manner prohibited by section forty-two A or which is used to conceal, or to assist another to conceal, or from any lawful authority, the existence or place of origin or of destination of any telecommunication; or whoever possesses any such instrument, apparatus, equipment or device with the intent to use or employ the same in violation of this section or section forty-two A, or whoever sells, gives transport, or otherwise transfers to another, or offers to advertisers for sale, any such instrument apparatus, equipment, or device, or any plans or instructions for making or assembling the same, with the intent to use or employ such apparatus, equipment, or device, or to allow the same to be used or employed, for a purpose described in this section or whoever, knowing or having reason to believe that the same is intended to be used, or that said plans or instructions are intended to be used for making or assembling such apparatus, equipment or device, or whoever publishes plans or instructions for making or assembling or using any such apparatus, equipment or device, intending that such be used or employed in violation of this section or section forty-two A, shall be punished by a fine of not more than thirty thousand dollars or by imprisonment in the state prison for not more than fifteen years, or by both.

Any instrument, apparatus, device, plans or instructions or publications described in this section may be seized under warrant or incident to a lawful arrest, and, upon the conviction of a person for a violation of this section, such instrument, apparatus, device, plans, instructions or publication may be destroyed as a contraband by the sheriff of the county in which such person was convicted. As used in this section, the words ''telecommunication service'' shall also include the transmission of intelligence by a community antenna television system licensed pursuant to the provisions of chapter one hundred and sixty-six A.

Notes of Decisions
Cited in 2 cases, 1978–2001 · leading case: Commonwealth v. Bond, 375 N.E.2d 1214 (Mass. 1978).
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Commonwealth v. Bond, 375 N.E.2d 1214 (Mass. 1978). “Convicted in District Court on complaints for possession of an instrument designed for obtaining telecommunication service fraudulently (G. L. c. 166, § 42B), possession of marihuana, a controlled substance (c.”
Commonwealth v. Cruz, 756 N.E.2d 1175 (Mass. App. Ct. 2001). “166, § 42A; unlawful possession of telecommunications equipment, G. L. c. 166, § 42B; and larceny of property exceeding $250 in value, G.”
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