Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 104 (2026)

Buildings; destruction or injury

✓ current as of July 2026

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Section 104. Whoever wilfully, intentionally and without right destroys, injures, defaces or mars a dwelling house or other building, whether upon the inside or outside, shall be punished by imprisonment for not more than two months or by a fine of not more than fifty dollars.

Notes of Decisions

Cited in 5 cases, 1973–2004 · leading case: Commonwealth v. Deberry, 804 N.E.2d 911 (Mass. 2004).

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Commonwealth v. Deberry, 804 N.E.2d 911 (Mass. 2004). · cites it 3× “266, § 127, while the misdemeanor crime of injury to buildings was codified at G. L. c. 266, § 104. There was no provision for the felony crime of injury to a building: a felony conviction was warranted only if a defendant violated one of the many separate offenses enumerated in…”

Commonwealth v. Spina, 294 N.E.2d 500 (Mass. App. Ct. 1973). “The defendant was convicted of violating G. L. c. 266, § 104, on a complaint charging that he “did wilfully, intentionally and without right, injure, deface and mar a certain building [a police station] in the said City of Boston.”

Commonwealth v. DiPietro, 604 N.E.2d 1344 (Mass. App. Ct. 1992). “805 (1973) (insufficient evidence to show defendant “wilfully, intentionally and without right, injure[d], deface [d] and mar [red] a certain building,” in violation of G. L. c. 266, § 104, where defendant had merely yelled and stood beside a codefendant who threw a rock at a…”

Menotomy Realty Corp. v. French, 55 Mass. App. Dec. 21 (Mass. Dist. Ct., App. Div. 1974). “G.L. c. 266, § 104 — willful destruction of a building) and that as a result of said conduct certain damage occurred.”

Commonwealth v. Scott, 7 Mass. L. Rptr. 728 (Mass. Super. Ct. 1997). “Violation of G.L.c. 266 §104, Indictment No. 75972. G.”

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