Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 127 (2026)

Willful, malicious or wanton destruction or injury to personal property, dwelling house or building of another

✓ current as of July 2026

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Section 127. Whoever destroys or injures the personal property, dwelling house or building of another in any manner or by any means not particularly described or mentioned in this chapter shall, if such destruction or injury is willful and malicious, be punished by imprisonment in the state prison for not more than 10 years or by a fine of $3,000 or 3 times the value of the damage caused to the property so destroyed or injured, whichever is greater, and imprisonment in jail for not more than 21/2 years; or if such destruction or injury is wanton, shall be punished by a fine of $1,000 or 3 times the value of the damage to the property so destroyed or injured, whichever is greater, or by imprisonment for not more than 21/2 years; if the value of the damage to the property so destroyed or injured is not alleged to exceed $1,200, the punishment shall be by a fine of 3 times the value of the damage to property or by imprisonment for not more than 21/2 years; provided, however, that where a fine is levied pursuant to the value of the damage to the property destroyed or injured, the court shall, after conviction, conduct an evidentiary hearing to ascertain the value of the damage to the property so destroyed or injured. The words ''personal property'', as used in this section, shall also include electronically processed or stored data, either tangible or intangible, and data while in transit.

Notes of Decisions

Cited in 122 cases (20 in the last 5 years), 1926–2026 · 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 12× “In this appeal from a conviction of malicious destruction of property valued at over $250, we consider the proper method for determining “the value of the property so *212 destroyed or injured,” G. L. c. 266, § 127, proof of which is an essential element of.”

Commonwealth v. Peruzzi, 446 N.E.2d 117 (Mass. App. Ct. 1983). · cites it 6× “The defendant has appealed from his conviction by a jury on an indictment under G. L. c. 266, § 127, 1 which alleged that on May 28, 1980, the defendant “did wilfully and maliciously injur[e] and destroy certain *438 personal property, to wit: a van, the property of [the]…”

Da Silva Neto v. Holder, 680 F.3d 25 (1st Cir. 2012). · cites it 7× “Palmeira admitted to sufficient facts to support a finding of malicious destruction of property under Mass. Gen. Laws ch. 266, § 127 , with the (unfortunately ineorrect) understanding that doing so would not cause him immigration problems.”

Commonwealth v. Chambers, 90 Mass. App. Ct. 137 (Mass. App. Ct. 2016). · cites it 11× “The defendant, Nakia Chambers, appeals from her conviction of the misdemeanor offense of wilful and malicious destruction of property with a value equal to or less than $250, in violation of G. L. c. 266, § 127. We agree with the defendant that it was error to deny her motion…”

Commonwealth v. Lauzier, 760 N.E.2d 1256 (Mass. App. Ct. 2002). · cites it 6× “265, § 15B), and the felony of wilful and malicious injury or destruction of property (G. L. c. 266, § 127). 3. Assault by means of a dangerous weapon.”

Commonwealth v. Morris M., 876 N.E.2d 462 (Mass. App. Ct. 2007). · cites it 6× “In 2004, complaints issued against the juvenile, *689 charging him with delinquency by reason of two counts of malicious destruction of personal property valued over $250 in violation of G. L. c. 266, § 127, 1 and one count of use of a motor vehicle without authority in…”

Commonwealth v. Redmond, 757 N.E.2d 249 (Mass. App. Ct. 2001). · cites it 3× “A jury found the defendant guilty of wilful and malicious destruction of property over $250 (G. L. c. 266, § 127), possession of burglarious instruments (G.”

Commonwealth v. Beale, 751 N.E.2d 845 (Mass. 2001). · cites it 5× “The defendant appealed from her conviction of malicious destruction of property valued over $250, in violation of G. L. c. 266, § 127. The conviction arose out of an argument with the defendant’s former husband, during which she damaged numerous items in his home.”

Commonwealth v. Muckle, 90 Mass. App. Ct. 384 (Mass. App. Ct. 2016). · cites it 6× “266, § 127, prohibiting malicious destruction of property, which falls in the same category) was intended to include all of the offenses made criminal therein, including the behavior prohibited in subsequent amendments to the underlying criminal statute.”

Commonwealth v. Armand, 580 N.E.2d 1019 (Mass. 1991). · cites it 3× “), and one count of wilful and malicious destruction of personal property, G. L. c. 266, § 127 (1990 ed.). Represented by new counsel on appeal, the defendant claims error in the denial of his motion for a required finding of not guilty on the wilful and malicious destruction…”

O'Brien v. Town of Bellingham, 943 F.3d 514 (1st Cir. 2019). “265, § 15A(b); (2) malicious destruction of property valued in excess of $250 -- a window, chairs, and ceiling tiles -- in violation of Mass. Gen. Laws ch. 266, § 127 ; and (3) malicious destruction of property valued in excess of $250 -- a breathalyzer machine "BT" printer --…”

Commonwealth v. Woods, 119 N.E.3d 758 (Mass. App. Ct. 2019). · cites it 3× “Malicious destruction of property . We agree with the defendant that the evidence was insufficient to satisfy the element of malice on the charge of malicious destruction of property.”

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