Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 102A (2026)

Throwing, secreting, launching or placing of incendiary device; intent; punishment

✓ current as of July 2026

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Section 102A. Whoever, without lawful authority, secretes, throws, launches or otherwise places an explosive or a destructive or incendiary device or substance with the intent: (i) to cause fear, panic or apprehension in any person; or (ii) to ignite, explode or discharge such explosive or such destructive or incendiary device or substance; or (iii) to release or discharge any chemical, biological or nuclear weapon, shall be punished by imprisonment for not more than 2 and one-half years in the house of correction or for not less than 10 years nor more than 25 years in the state prison or by a fine of not more than $25,000, or by both such fine and imprisonment.

Notes of Decisions

Cited in 18 cases, 1971–2019 · leading case: Commonwealth v. O'Day, 798 N.E.2d 275 (Mass. 2003).

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Commonwealth v. O'Day, 798 N.E.2d 275 (Mass. 2003). · cites it 2× “O’Day, III, was found guilty of possession of an infernal machine in violation of G. L. c. 266, § 102A. 1 He appealed from the denial of his motion to suppress evidence seized in his residence and his motion to dismiss the indictment charging possession of a grenade simulator…”

Scione v. Commonwealth Commonwealth v. Barnes, 114 N.E.3d 74 (Mass. 2019). · cites it 3× “I agree with the court that, in the circumstances of this case, use of an incendiary device in violation of G. L. c. 266, § 102A, qualifies as a predicate offense under the pretrial detention statute, G.”

Commonwealth v. Carter, 808 N.E.2d 829 (Mass. App. Ct. 2004). · cites it 7× “including] any device for endangering life or doing unusual damage to property, or both, by explosion” (now G. L. c. 266, § 102A, as amended by St. 1970, *206 c.”

Commonwealth v. Carter, 817 N.E.2d 768 (Mass. 2004). · cites it 5× “Carter, of possession of an infernal machine (G. L. c. 266, § 102A) and unlawfully cultivating marijuana (G.”

Flanagan v. Baker, 621 N.E.2d 1190 (Mass. App. Ct. 1993). · cites it 2× “148, §§ 35 and 39; G. L. c. 266, § 102A, we think those provisions can be fairly read as intending to protect the general public, which includes the violator, by preventing dangerous situations.”

Commonwealth v. Bushway, 389 N.E.2d 1034 (Mass. App. Ct. 1979). · cites it 4× “The defendant appeals from his conviction on an indictment found under G. L. c. 266, § 102A (as amended by St. 1970, c.”

Commonwealth v. Arriaga, 691 N.E.2d 585 (Mass. App. Ct. 1998). “DeCicco, ante 111, 125-126 (1998) (defendant may not be subjected to multiple punishments for possession of infernal machine, G. L. c. 266, § 102A, and the wilful throwing of explosives at or near persons or property, G.”

Commonwealth v. Cotto, 752 N.E.2d 768 (Mass. App. Ct. 2001). “An infernal device or machine is defined as “including] any device for endangering life or doing unusual damage to property, or both, by fire or explosion, whether or not contrived to ignite or explode automatically and whether or not disguised so as to appear harmless.”

Commonwealth v. Forish, 812 N.E.2d 281 (Mass. App. Ct. 2004). “1 The defendant was found not guilty of possession of an infernal machine (G. L. c. 266, § 102A). The Commonwealth filed a nolle prosequi to an indictment for possession of a silencer (G.”

Commonwealth v. Cantelli, 982 N.E.2d 52 (Mass. App. Ct. 2013). · cites it 2× “A jury convicted the defendant, Peter Cantelli, of possession of an infernal machine (explosive device), G. L. c. 266, § 102A, 1 and two counts of improper storage of a firearm, G.”

Commonwealth v. Lombardo, 505 N.E.2d 215 (Mass. App. Ct. 1987). · cites it 2× “On appeal, the defendant’s contentions of error are limited to the indictment charging possession of an “infernal machine” under G. L. c. 266, § 102A, as amended by St. 1970, c.”

Commonwealth v. Chase, 530 N.E.2d 185 (Mass. App. Ct. 1988). “266, § 1) and possession of an infernal machine (G. L. c. 266, § 102A). The dwelling in question, on Norfolk Street in Cambridge, was the residence of the defendant’s landlord, one Manuel Barros, and the fire occurred in the early morning hours of January 10, 1985.”

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