Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 126A (2026)

Defacement of real or personal property; penalties

✓ current as of July 2026

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Section 126A. Whoever intentionally, willfully and maliciously or wantonly, paints, marks, scratches, etches or otherwise marks, injures, mars, defaces or destroys the real or personal property of another including but not limited to a wall, fence, building, sign, rock, monument, gravestone or tablet, shall be punished by imprisonment in a state prison for a term of not more than three years or by imprisonment in a house of correction for not more than two years or by a fine of not more than fifteen hundred dollars or not more than three times the value of the property so marked, injured, marred, defaced or destroyed, whichever is greater, or both imprisonment and fine, and shall also be required to pay for the removal or obliteration of such painting, marking, scratching or etching, or to remove or obliterate such painting, marking, scratching or etching; provided, however, that when a fine is levied pursuant to the value of the property marked, injured, marred, defaced or destroyed or when the cost of removal or obliteration is assessed, the court shall, after conviction, conduct an evidentiary hearing to ascertain the value of the property so marked, injured, marred, defaced or destroyed or to ascertain the cost of the removal or obliteration; and provided, however, that if the property marked, injured, marred, defaced or destroyed is a war or veterans' memorial, monument or gravestone, the fine under this section shall be doubled and the person convicted shall be ordered to perform not less than 500 hours of court-approved community service. A police officer may arrest any person for commission of the offenses prohibited by this section without a warrant if said police officer has probable cause to believe that said person has committed the offenses prohibited by this section.

Notes of Decisions

Cited in 16 cases (8 in the last 5 years), 1995–2026 · leading case: Commonwealth v. McDowell, 814 N.E.2d 1139 (Mass. App. Ct. 2004).

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Commonwealth v. McDowell, 814 N.E.2d 1139 (Mass. App. Ct. 2004). · cites it 9× “e of alcohol (GUI), having been so convicted four or more times previously; operating a motor vehicle after revocation of a license for an GUI conviction; operating a motor vehicle to endanger; operating an uninsured motor vehicle; *16 attaching incorrect license plates; leaving…”

Kerins v. Lima, 680 N.E.2d 32 (Mass. 1997). “266, *109 § 30A], damage to cemetery property or damage to any state, county or municipal property or damage as set forth in [G. L. c. 266, §§ 126A and 126B]. This section shall not apply to a parent who, as a result of a decree of any court of competent jurisdiction, does not…”

Commonwealth v. Morris M., 876 N.E.2d 462 (Mass. App. Ct. 2007). “Rather, the wilful and malicious or wanton destruction of real property (among other things) is punishable under G. L. c. 266, § 126A. It was therefore impossible as matter of law for the juvenile to be found delinquent for violating § 127 for damaging the turf.”

Commonwealth v. Jean Lahens., 100 Mass. App. Ct. 310 (Mass. App. Ct. 2021). “at 728 ; and wanton defacement of property, in violation of G. L. c. 266, § 126A, see Commonwealth v.”

Commonwealth v. James Lehan., 100 Mass. App. Ct. 246 (Mass. App. Ct. 2021). “265, § 43 (a), and vandalism of property, G. L. c. 266, § 126A. The evidence at trial showed that the defendant and the victim frequented the same fitness center (gym), and that for a period of approximately three years beginning in 2015, the defendant had hounded the victim…”

Commonwealth v. Williams, 785 N.E.2d 706 (Mass. App. Ct. 2003). “The defendant was also charged with vandalizing property in violation of G. L. c. 266, § 126A. The docket reflects that this charge was dismissed and merged with the offense of breaking glass in a building.”

Commonwealth v. Anderson, 651 N.E.2d 1237 (Mass. App. Ct. 1995). “Prior to July, 1994, which was the effective date of G. L. c. 266, § 126A, inserted by St. 1994, c.”

Commonwealth v. William J. Hanagan. (Mass. App. Ct. 2025). · cites it 2× “0 Following a bench trial in the District Court, the defendant was convicted of vandalizing property in violation of G. L. c. 266, § 126A. On appeal, he contends that a different judge erred in denying his pretrial motion to dismiss pursuant to Commonwealth v.”

Walsh v. Commonwealth (Mass. 2020). “266, § 20; vandalism, G. L. c. 266, § 126A; and possession of burglarious tools, G.”

Commonwealth v. Ross, 122 N.E.3d 1101 (Mass. App. Ct. 2019). “265, § 15A ( b ), and vandalism, G. L. c. 266, § 126A. 2 The judge sentenced the defendant to one year in the house of correction on each count, to be served concurrently.”

Commonwealth v. Rossetti, 129 N.E.3d 312 (Mass. App. Ct. 2019). “272, § 53 ; vandalizing property, in violation of G. L. c. 266, § 126A ; threats to commit a crime, in violation of G.”

Commonwealth v. Fernando A. Aguiar. (Mass. App. Ct. 2024). “See G. L. c. 266, § 126A. 2 According to the prosecutor's recitation of the crimes, the defendant's daughter arrived at a parking lot of an establishment in order to pick up her brother and encountered the defendant shouting at her not to disrespect him; she believed he was…”

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