Mass. Gen. Laws » Part IV Title I Chapter 265
Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 43A (2026)

Criminal harassment; punishment

✓ current as of July 2026
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Section 43A. (a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than 21/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment. The conduct or acts described in this paragraph shall include, but not be limited to, conduct or acts conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.

(b)(1) As used in this subsection, the following words shall have the following meanings unless the context clearly requires otherwise:

''Digitization'', the creation or alteration of visual material including, but not limited to, through the use of computer-generated images, in a manner that would falsely appear to a reasonable person to be an authentic representation of the person depicted.

''Distribute'', give, sell, transfer, disseminate, publish, upload, circulate, broadcast or engage in any other form of transmission, electronic or otherwise.

''Identifiable'', recognizable from the visual material itself or from information offered in connection with the visual material.

''Partially nude'', the exposure of fully uncovered buttocks or all or part of the human genitals or the female nipple-areolar complex.

''Publish'', (i) disseminate an image with the intent that it be made available by any means to any person or other legal entity; (ii) disseminate an image with the intent that it be sold by another person or legal entity; (iii) post, present, display, exhibit, circulate, advertise or allow access to an image by any means so as to make such image available to the public; or (iv) disseminate an image with the intent that it be posted, presented, displayed, exhibited, circulated, advertised or made accessible by any means so as to make such image available to the public.

''Visual material'', a photograph, film, video or digital image or recording, whether produced by electronic, mechanical or other means, or any part, representation or reproduction thereof.

(2) Whoever knowingly distributes visual material, including visual material produced by digitization, depicting another person, who is either identifiable in the visual material or identified by the distributing person, who is nude, partially nude or engaged in sexual conduct and to whom the distribution causes physical or economic injury or substantial emotional distress, and distributes such visual material with: (i) the intent to harm, harass, intimidate, threaten, coerce or cause substantial emotional distress; or (ii) reckless disregard for: (A) the likelihood that the person depicted will suffer harm, harassment, intimidation, threat, coercion or substantial emotional distress; (B) the depicted person's lack of consent to the distribution of such visual material, including material produced by digitization; and (C) the depicted person's reasonable expectation that the visual material would remain private, shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than 21/2 years, by a fine of not more than $10,000 or by both such fine and imprisonment. Nothing in this section shall preclude a prosecution under section 29C of chapter 272.

(3) For the purposes of this subsection, consent to the creation of visual material shall not constitute consent to the distribution of the visual material.

(4) This subsection shall not preclude other remedies available at law or in equity including, but not limited to, the issuance by a court of competent jurisdiction of appropriate orders to restrain or prevent the distribution of visual material in violation of this subsection.

(5) Visual material that is part of any court record arising from a prosecution under this subsection shall not be open to public inspection and, unless otherwise ordered in writing by the court, shall only be made available for inspection by court personnel to a district attorney, a defendant's attorney, a defendant or a victim connected to such prosecution; provided, however, that this paragraph shall not prohibit disclosure, inspection or other use of the visual material in the underlying prosecution or any related court proceeding in accordance with applicable evidentiary and procedural rules or a court order.

(6) This subsection shall not apply to: (i) visual material involving nudity, partial nudity or sexual conduct that is voluntary or consensual and occurring (A) in a commercial setting, or (B) in a place where a person does not have a reasonable expectation of privacy; (ii) distribution made in the public interest, including the reporting of unlawful conduct; (iii) lawful and common practices of law enforcement, criminal reporting, corrections, legal proceedings or medical treatment, including telemedicine; (iv) distribution of visual material that constitutes a matter of public concern; (v) interactive computer services as defined in 47 U.S.C. 230(f)(2) for content solely provided by another person; or (vi) information services or telecommunications services as defined in 47 U.S.C. 153 for content solely provided by another person.

(c) Whoever, after having been convicted of an offense under this section, commits a second or subsequent offense or whoever commits an offense under this section after having previously been convicted of a violation of section 43, shall be punished by imprisonment in a house of correction for not more than 21/2 years or in a state prison for not more than 10 years, by a fine of not more than $15,000 or by both such fine and imprisonment.

Notes of Decisions
Cited in 57 cases (13 in the last 5 years), 2004–2026 · leading case: Commonwealth v. Welch, 825 N.E.2d 1005 (Mass. 2005).
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Commonwealth v. Welch, 825 N.E.2d 1005 (Mass. 2005). · cites it 12× “After a jury-waived trial in the District Court, the defendant, Valerie Welch, was convicted of criminal harassment pursuant to G. L. c. 265, § 43A, based on a series of homophobic statements she made over the course of more than one and one-half years to and about the…”
Commonwealth v. Bigelow, 59 N.E.3d 1105 (Mass. 2016). · cites it 8× “"9 G. L. c. 265, § 43A (a). The statute specifies that conduct or acts qualifying as criminal harassment under its terms "shall include, but not be limited to, conduct or acts conducted by mail.”
O'BRIEN v. Borowski, 961 N.E.2d 547 (Mass. 2012). · cites it 5× “258E, § 1, evolved from the criminal harassment statute enacted in 2000, G. L. c. 265, § 43A, inserted by St. 2000, c.”
Commonwealth v. Walters, 37 N.E.3d 980 (Mass. 2015). · cites it 8× “On March 28, 2011, a grand jury indicted the defendant for stalking, in violation of § 43 (a); criminal *689 harassment, in violation of G. L. c. 265, § 43A; criminal violation of an order pursuant to G.”
Commonwealth v. McDonald, 967 N.E.2d 1101 (Mass. 2012). · cites it 9× “A complaint for criminal harassment issued against the defendant in the District Court, alleging that on May 15, 2009, he wilfully and maliciously engaged in a knowing pattern of conduct or series of acts in violation of G. L. c. 265, § 43A (a). Following a jury-waived trial, a…”
Commonwealth v. Brennan, 112 N.E.3d 1180 (Mass. 2018). · cites it 4× “Brennan, charging him with two counts of criminal harassment in violation of G. L. c. 265, § 43A. The charges stem from allegations that he was using two global positioning system (GPS) devices to track the movements of a married couple he had never met before, to whom we shall…”
Commonwealth v. Johnson, 21 N.E.3d 937 (Mass. 2014). · cites it 4× “This case concerns the constitutionality of the criminal harassment statute, G. L. c. 265, § 43A (a), and its application to acts of cyberharassment among others.”
Commonwealth v. O'Neil, 853 N.E.2d 576 (Mass. App. Ct. 2006). · cites it 5× “The Welch court also upheld the constitutionality of G. L. c. 265, § 43A, to the extent that it is not applied to punish constitutionally protected speech.”
Commonwealth v. Kulesa, 917 N.E.2d 762 (Mass. 2009). · cites it 4× “In January, 2008, a Superior Court jury convicted the defendant, Richard Kulesa, of one indictment charging criminal harassment under G. L. c. 265, § 43A (a), and eight indictments charging violations of an abuse prevention order under G.”
Commonwealth v. Walters, 94 N.E.3d 764 (Mass. 2017). · cites it 2× “265, § 43 ( a ) ; criminal harassment, G. L. c. 265, § 43A ( a ) ; two counts of restraining order violations, G.”
Commonwealth v. Robinson, 825 N.E.2d 1021 (Mass. 2005). · cites it 2× “Robinson, guilty of criminal harassment in violation of G. L. c. 265, § 43A, and of two counts of intimidation of a witness in violation of G.”
Commonwealth v. Braica, 861 N.E.2d 487 (Mass. App. Ct. 2007). · cites it 5× “As explained above, complaints to government officials are not criminal harassment pursuant to G. L. c. 265, § 43A(«). See Commonwealth v.”
Show all 57 citing cases →
— Mass. Gen. Laws ch. 265, § 43A(a) — 6 cases
Commonwealth v. O'Neil, 853 N.E.2d 576 (Mass. App. Ct. 2006). “The Welch court also upheld the constitutionality of G. L. c. 265, § 43A, to the extent that it is not applied to punish constitutionally protected speech.”
Commonwealth v. Braica, 861 N.E.2d 487 (Mass. App. Ct. 2007). “As explained above, complaints to government officials are not criminal harassment pursuant to G. L. c. 265, § 43A(«). See Commonwealth v.”
Commonwealth v. Paton, 824 N.E.2d 887 (Mass. App. Ct. 2005).
DeMayo v. Quinn, 25 N.E.3d 903 (Mass. App. Ct. 2015).
Commonwealth v. Salyer, 996 N.E.2d 488 (Mass. App. Ct. 2013).
— Mass. Gen. Laws ch. 265, § 43A(o) — 2 cases
Commonwealth v. O'Neil, 853 N.E.2d 576 (Mass. App. Ct. 2006). “The Welch court also upheld the constitutionality of G. L. c. 265, § 43A, to the extent that it is not applied to punish constitutionally protected speech.”
Commonwealth v. Salyer, 996 N.E.2d 488 (Mass. App. Ct. 2013).
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