Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 17 (2026)

Armed robbery; punishment

✓ current as of July 2026

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Section 17. Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years; provided, however, that any person who commits any offence described herein while masked or disguised or while having his features artificially distorted shall, for the first offence be sentenced to imprisonment for not less than five years and for any subsequent offence for not less than ten years. Whoever commits any offense described herein while armed with a firearm, as defined in section 121 of chapter 140, shall be punished by imprisonment in the state prison for not less than five years. Any person who commits a subsequent offense while armed with a firearm shall be punished by imprisonment in the state prison for not less than 15 years.

Notes of Decisions

Cited in 324 cases (43 in the last 5 years), 1922–2026 · leading case: United States v. Paul Parnell, 818 F.3d 974 (9th Cir. 2016).

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United States v. Paul Parnell, 818 F.3d 974 (9th Cir. 2016). · cites it 5× “See Mass. Gen. Laws Ann. ch. 265, § 17 . Parnell argues this offense does not have “as an element the use, attempted use, or threatened use of physical force against the person of another.”

Commonwealth v. Howard, 436 N.E.2d 1211 (Mass. 1982). · cites it 16× “The only evidence concerning a gun was that, when the defendant approached the victim on Commonwealth Avenue in Boston, in the early hours of November 20, 1976, he had his right hand in his jacket, and he said, "Walk straight, look down, and don't try anything foolish or I'll…”

Commonwealth v. Garrett, 473 Mass. 257 (Mass. 2015). · cites it 7× “The defendant was convicted by a Superior Court jury on three indictments charging armed robbery with a firearm while masked, in violation of G. L. c. 265, § 17, the armed rob *258 bery statute.”

Commonwealth v. Appleby, 402 N.E.2d 1051 (Mass. 1980). · cites it 4× “411, 415-416, 418 (1975) (dog may be "dangerous weapon" for armed robbery, G.L.c. 265, § 17, and Commonwealth need not prove actually dangerous or used in harm-inflicting manner).”

Commonwealth v. Tuitt, 473 N.E.2d 1103 (Mass. 1985). · cites it 5× “The judge also imposed a concurrent sentence of one year on the firearm conviction.”

Commonwealth v. Brown, 81 N.E.3d 1173 (Mass. 2017). · cites it 2× “See G. L. c. 265, § 17. Convictions of both armed robbery and involuntary manslaughter, or of armed robbery alone, with a possible sentence of life in prison, should not be perceived as "getting off easy" for an accidental killing during an armed robbery.”

Commonwealth v. Colon, 756 N.E.2d 615 (Mass. App. Ct. 2001). · cites it 6× “See G. L. c. 265, § 17. He contends on appeal that the judge erred in (1) denying his motions for a required finding of not guilty made at the close of the Commonwealth’s case and at the close of his own case; and (2) failing to instruct the jury that, in order to convict him of…”

Commonwealth v. Rivera, 833 N.E.2d 1113 (Mass. 2005). · cites it 3× “See G. L. c. 265, § 17. He also was convicted of armed assault with intent to rob and unlawful possession of a firearm.”

Commonwealth v. Anderson, 963 N.E.2d 704 (Mass. 2012). · cites it 2× “On October 19, 2009, a jury in the Superior Court concluded that Eric Anderson was one of the two men who had robbed the clerk, finding the defendant guilty of armed robbery while masked in violation of G. L. c. 265, § 17; assault by means of a dangerous weapon in violation of G.”

Commonwealth v. Santos, 797 N.E.2d 1191 (Mass. 2003). · cites it 2× “In particular, the defendant requested an instruction requiring that the jury be unanimous as to whether he was liable as a principal or a joint venturer, and that they be unanimous as to whether the “assault” element of armed robbery (see G. L. c. 265, § 17) had been…”

Commonwealth v. Mattei, 920 N.E.2d 845 (Mass. 2010). · cites it 2× “607, 608 (1982) (insufficient evidence for conviction of robbery while “armed with a dangerous weapon,” G. L. c. 265, § 17, where “robber had no instrumentality at all”).”

Commonwealth v. King, 866 N.E.2d 938 (Mass. App. Ct. 2007). · cites it 4× “The defendant, Michael King, was convicted by a Superior Court jury of one count of armed robbery, G. L. c. 265, § 17 1 ; one count of assault and battery, G.”

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