Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 1 (2026)

Dwelling houses; burning or aiding in burning

✓ current as of July 2026

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Section 1. Whoever wilfully and maliciously sets fire to, burns, or causes to be burned, or whoever aids, counsels or procures the burning of, a dwelling house, or a building adjoining or adjacent to a dwelling house, or a building by the burning whereof a dwelling house is burned, whether such dwelling house or other building is the property of himself or another and whether the same is occupied or unoccupied, shall be punished by imprisonment in the state prison for not more than twenty years, or by imprisonment in a jail or house of correction for not more than two and one half years, or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. The words ''dwelling house'', as used in this section, shall mean and include all buildings used as dwellings such as apartment houses, tenement houses, hotels, boarding houses, dormitories, hospitals, institutions, sanatoria, or other buildings where persons are domiciled.

Notes of Decisions

Cited in 61 cases (1 in the last 5 years), 1928–2023 · leading case: Commonwealth v. Pfeiffer, 121 N.E.3d 1130 (Mass. 2019).

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Commonwealth v. Pfeiffer, 121 N.E.3d 1130 (Mass. 2019). · cites it 24× “A Superior Court jury convicted the defendant of arson of a dwelling house, G. L. c. 266, § 1 ; felony-murder in the second degree, G.”

Commonwealth v. DeStefano, 450 N.E.2d 637 (Mass. App. Ct. 1983). · cites it 12× “She was sentenced to concurrent State prison terms on all of the convictions, with the sentences suspended for a period of two years' probation.”

Choy v. Commonwealth, 927 N.E.2d 970 (Mass. 2010). · cites it 6× “Frances Choy (defendant) was tried in the Superior Court on one indictment charging arson, G. L. c. 266, § 1, and two indictments charging murder in the first degree, G.”

Commonwealth v. DiGiambattista, 813 N.E.2d 516 (Mass. 2004). “The defendant, Valerio DiGiambattista, was convicted of burning a dwelling house (G. L. c. 266, § 1). That conviction rested, in large measure, on DiGiambattista’s confession to the police during an unrecorded interrogation at a fire station.”

Commonwealth v. Julien, 797 N.E.2d 470 (Mass. App. Ct. 2003). · cites it 2× “After a jury trial, the defendant was found guilty of arson, G. L. c. 266, § 1; stalking, G. L. c. 265, § 43(a); threats, G.”

Commonwealth v. Jung, 651 N.E.2d 1211 (Mass. 1995). · cites it 2× “Degregorio, were indicted on charges of burning a dwelling, in violation of G. L. c. 266, § 1 (1992 ed.); burning a dwelling with intent to defraud, in violation of G.”

Commonwealth v. Dung Van Tran, 972 N.E.2d 1 (Mass. 2012). · cites it 2× “265, § 15A (b); arson of a dwelling, G. L. c. 266, § 1; and armed home invasion, G.”

Commonwealth v. Tirrell, 416 N.E.2d 1357 (Mass. 1981). · cites it 2× “The defendant pleaded guilty on May 22, 1979, to three indictments charging wilful burning of a dwelling house, G.L.c. 266, § 1, breaking and entering in the nighttime with intent to commit a felony, G.”

United States v. Gray, 780 F.3d 458 (1st Cir. 2015). · cites it 2× “17, §§ 2401, 2402; Mass Gen. Laws ch. 266, §§ 1, 12 112, 129; N.”

Commonwealth v. Yeshulas, 746 N.E.2d 587 (Mass. App. Ct. 2001). · cites it 3× “A Suffolk Superior Court jury convicted the defendant of aiding in or counseling the burning of a dwelling house, G. L. c. 266, § 1, and arson causing injury to a firefighter, G.”

Commonwealth v. Hilton, 823 N.E.2d 383 (Mass. 2005). “The defendant has been indicted on charges of murder in the second degree (five counts), burning a dwelling (G. L. c. 266, § 1), and causing injury to a fire fighter (G.”

Commonwealth v. Jones, 794 N.E.2d 1220 (Mass. App. Ct. 2003). · cites it 2× “In Anolik , the defendant was charged with arson of a dwelling, G. L. c. 266, § 1, and arson with the intent to defraud an insurer, essentially the same crimes charged in *163 Shuman .”

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