Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 2 (2026)

Punishment for murder; parole; executive clemency

✓ current as of July 2026

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Section 2. (a) Except as provided in subsection (b), any person who is found guilty of murder in the first degree shall be punished by imprisonment in the state prison for life and shall not be eligible for parole pursuant to section 133A of chapter 127.

(b) Any person who is found guilty of murder in the first degree who committed the offense on or after the person's fourteenth birthday and before the person's eighteenth birthday shall be punished by imprisonment in the state prison for life and shall be eligible for parole after the term of years fixed by the court pursuant to section 24 of chapter 279.

(c) Any person who is found guilty of murder in the second degree shall be punished by imprisonment in the state prison for life and shall be eligible for parole after the term of years fixed by the court pursuant to section 24 of chapter 279.

(d) Any person whose sentence for murder is commuted by the governor and council pursuant to section 152 of chapter 127 shall thereafter be subject to the laws governing parole.

Notes of Decisions

Cited in 151 cases (13 in the last 5 years), 1927–2025 · leading case: Diatchenko v. Dist. Attorney for the Suffolk Dist., 1 N.E.3d 270 (Mass. 2013).

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Diatchenko v. Dist. Attorney for the Suffolk Dist., 1 N.E.3d 270 (Mass. 2013). · cites it 12× “He was sentenced to a mandatory term of life imprisonment without the possibility of parole, pursuant to G. L. c. 265, § 2. 2 On direct *657 appeal, this court affirmed Diatchenko’s conviction.”

Diatchenko v. Dist. Attorney for the Suffolk Dist. Commonwealth v. Roberio, 27 N.E.3d 349 (Mass. 2015). · cites it 15× “The approach we took was to declare invalid, as applied to juvenile homicide offenders, certain language in G. L. c. 265, § 2, creating an exception to parole eligibility for those convicted of murder in the first degree and leaving in full effect the remainder of the statute…”

Commonwealth v. Colon-Cruz, 470 N.E.2d 116 (Mass. 1984). · cites it 26× “In our order allowing the application for direct appellate review, we noted that "[b]riefs may discuss the question whether this court should at this time decide any issue concerning the constitutionality of G.L.c. 265, § 2, and G.L.c. 279, §§ 4, 57-71, as amended by St.”

Commonwealth v. Brown, 1 N.E.3d 259 (Mass. 2013). · cites it 13× “He may only be sentenced to the lesser punishment under G. L. c. 265, § 2, of mandatory life in prison with the possibility of parole set pursuant to the parole eligibility statute in effect at the time of Brown’s crime, G.”

Commonwealth v. Okoro, 26 N.E.3d 1092 (Mass. 2015). · cites it 10× “See G. L. c. 265, § 2, as amended through St.”

Commonwealth v. Diatchenko, 443 N.E.2d 397 (Mass. 1982). · cites it 11× “The defendant, Gregory Diatchenko, was convicted of murder in the first degree by a jury in the Superior Court in Suffolk County and sentenced, pursuant to G. L. c. 265, § 2, to the mandatory term of life imprisonment without the possibility of parole.”

Osborne v. Commonwealth, 389 N.E.2d 981 (Mass. 1979). · cites it 4× “G. L. c. 265, §§ 2, 17, 24. Malice aforethought is conclusively established by the commission of the felonies.”

Commonwealth v. Grassie, 65 N.E.3d 1199 (Mass. 2017). · cites it 2× “See G. L. c. 265, § 2; G. L. c. 279, § 24. 24 have never required such a statement of reasons when, as here, the judge denies a motion to reduce and leaves the jury’s verdict intact.”

Commonwealth v. Pfeiffer, 121 N.E.3d 1130 (Mass. 2019). · cites it 3× “266, § 1, to one of imprisonment in State prison for life, with eligibility for parole after fifteen years, see G. L. c. 265, § 2, and G. L. c. 127, § 133A, 20 based on the determination whether she acted with a conscious disregard for **131 the risk to human life.”

Commonwealth v. Perez, 80 N.E.3d 967 (Mass. 2017). · cites it 2× “at 667, we declared unconstitutional G. L. c. 265, § 2, to the extent that it mandated a sentence of life in prison without the possibility of parole for a juvenile convicted of murder in the first degree.”

Commonwealth v. O'NEAL, 339 N.E.2d 676 (Mass. 1975). · cites it 6× “We now address the issue whether the mandatory death penalty for murder committed in the course of rape or attempted rape, G.L.c. 265, § 2, is constitutional. For the reasons stated in the concurring opinions which follow, we hold that the mandatory death penalty for murder…”

Holmes v. Spencer, 685 F.3d 51 (1st Cir. 2012). · cites it 2× “See Mass. Gen. Laws ch. 265, § 2 . Holmes claims that he pled guilty because his trial counsel, Stewart Graham, Jr.”

Show all 151 citing cases →

— Mass. Gen. Laws ch. 265, § 2(a) — 1 case

Commonwealth v. Jose Armanda Betances (Mass. Super. Ct. 2022).

— Mass. Gen. Laws ch. 265, § 2(c) — 1 case

Commonwealth v. S. Julius Hammond-desir (Mass. Super. Ct. 2024).

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