Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 21 (2026)

Stealing by confining or putting in fear

✓ current as of July 2026

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Section 21. Whoever, with intent to commit larceny or any felony, confines, maims, injures or wounds, or attempts or threatens to kill, confine, maim, injure or wound, or puts any person in fear, for the purpose of stealing from a building, bank, safe, vault or other depository of money, bonds or other valuables, or by intimidation, force or threats compels or attempts to compel any person to disclose or surrender the means of opening any building, bank, safe, vault or other depository of money, bonds, or other valuables, shall whether he succeeds or fails in the perpetration of such larceny or felony, be punished by imprisonment in the state prison for life or for any term of years.

Notes of Decisions

Cited in 21 cases, 1926–2020 · leading case: Commonwealth v. McGhee, 25 N.E.3d 251 (Mass. 2015).

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Commonwealth v. McGhee, 25 N.E.3d 251 (Mass. 2015). · cites it 11× “” G. L. c. 265, § 21. Evidence was presented at trial that the defendant and another man intimidated victims into withdrawing funds from an automated teller machine (ATM) and handing those funds over to the defendant and the unidentified coventurer.”

Commonwealth v. Cruz, 714 N.E.2d 813 (Mass. 1999). · cites it 4× “266, § 20 (stealing in a building), the jury could not have founded their convictions under G. L. c. 265, § 21 (confining or putting in fear a person for the purpose of stealing), on this act.”

DuPont v. Comm'r of Corr., 861 N.E.2d 744 (Mass. 2007). “265, § 18 (b) (punishment for assault with intent to rob or murder while armed with a dangerous weapon is imprisonment in State prison for up to twenty years); G. L. c. 265, § 21 (punishment for confining a person for the purpose of stealing is imprisonment in State prison for…”

Commonwealth v. Murphy, 289 N.E.2d 571 (Mass. 1972). · cites it 2× “G.L.c. 265, § 21. The case is now before us on the defendant's appeal, the appeal of Whooley having been disposed of by us on July 13, 1972, in Commonwealth v.”

Commonwealth v. Vardinski, 780 N.E.2d 1278 (Mass. 2003). “265, § 17, and stealing by confining, G. L. c. 265, § 21. He was sentenced to a term of from nine to twelve years in a State prison on the first indictment and three years’ probation on the second indictment.”

Commonwealth v. Germain, 486 N.E.2d 693 (Mass. 1985). “) (four complaints), and stealing by confining or putting in fear, see G. L. c. 265, § 21 (1984 ed.) (four complaints).”

Commonwealth v. Cepulonis, 373 N.E.2d 1136 (Mass. 1978). “265, § 17); confining or putting in fear for the purpose of stealing (G. L. c. 265, § 21); assault with intent to murder Gibbons (G.”

Commonwealth v. Madeiros, 151 N.E. 297 (Mass. 1926). “265, § 17, or the crime described in G. L. c. 265, § 21, was murder in the first degree.”

Commonwealth v. Palmer, 796 N.E.2d 423 (Mass. App. Ct. 2003). “As the third man knew the first two had their victims under control for some extended period of time, there was no real risk the jury would have reached a different result if they had been expressly told that they had to find beyond a reasonable doubt that the third man knew the…”

Commonwealth v. Lovell, 374 N.E.2d 318 (Mass. App. Ct. 1978). “140, § 131, for receipt of a stolen motor vehicle, for assault with intent to murder a policeman who pursued him following the robbery, and for assault with a dangerous weapon and assault and battery on a motorist whose car was fired upon during the pursuit.”

Commonwealth v. Jackson, 641 N.E.2d 711 (Mass. App. Ct. 1994). · cites it 2× “265, § 26) and stealing by confining or putting in fear (G. L. c. 265, § 21). The convictions arose from an incident within the dwelling place of one Vernita Marlow, wherein the defendant held Marlow at knife point and then taped her mouth, wrists, and ankles prior to removing…”

Commonwealth v. Balakin, 254 N.E.2d 422 (Mass. 1969). “This constitutes confinement which satisfies G. L. c. 265, § 21. (b) Balakin’s connection with the robbery on September 14, 1967, was sufficiently close to warrant his conviction as an accessory.”

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