Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 15 (2026)

Burglary; unarmed

✓ current as of July 2026

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Section 15. Whoever breaks and enters a dwelling house in the night time, with the intent mentioned in the preceding section, or, having entered with such intent, breaks such dwelling house in the night time, the offender not being armed, nor arming himself in such house, with a dangerous weapon, nor making an assault upon a person lawfully therein, shall be punished by imprisonment in the state prison for not more than twenty years and, if he shall have been previously convicted of any crime named in this or the preceding section, for not less than five years.

Notes of Decisions

Cited in 30 cases, 1928–2018 · leading case: Commonwealth v. Kingsbury, 393 N.E.2d 391 (Mass. 1979).

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Commonwealth v. Kingsbury, 393 N.E.2d 391 (Mass. 1979). · cites it 6× “G. L. c. 266, § 15. Commonwealth v. Kingsbury, 7 Mass.”

Commonwealth v. Mitchell, 855 N.E.2d 406 (Mass. App. Ct. 2006). · cites it 3× “,” 2 To interpret this statute it is also helpful to have in mind the terms of the unarmed burglary statute, G. L. c. 266, § 15: “Whoever breaks and enters a dwelling house in the night time, with the intent mentioned in the preceding section, or, having entered with such…”

Commonwealth v. Wellard, 53 Mass. App. Ct. 650 (Mass. App. Ct. 2002). · cites it 2× “Following a jury trial in the Superior Court, the defendant was convicted of attempting to break and enter a dwelling house in the nighttime with the intent to commit a felony therein, in violation of G. L. c. 266, § 15. On appeal, he asserts that the trial judge erroneously (1)…”

Commonwealth v. Lauzier, 760 N.E.2d 1256 (Mass. App. Ct. 2002). · cites it 2× “Following a jury-waived trial, the defendant was convicted of breaking and entering a dwelling in the nighttime with intent to commit a felony (G. L. c. 266, § 15). 1 He asserts the conviction should be reversed because there was insufficient evidence that he had the specific…”

Commonwealth v. Dora, 781 N.E.2d 62 (Mass. App. Ct. 2003). · cites it 2× “The defendant was convicted by a Superior Court jury of breaking and entering (G. L. c. 266, § 15) and indecent assault and battery (G.”

Commonwealth v. Lovett, 372 N.E.2d 782 (Mass. 1978). · cites it 2× “That act is prohibited by G. L. c. 266, § 15, an offense over which the District Court lacks jurisdiction.”

Commonwealth v. Hall, 492 N.E.2d 84 (Mass. 1986). · cites it 3× “G. L. c. 266, § 15 (1984 ed.). He was arraigned immediately thereafter on an indictment charging him with being an habitual offender.”

Commonwealth v. Butler, 985 N.E.2d 377 (Mass. 2013). “265, § 22 {b), and unarmed burglary in violation of G. L. c. 266, § 15, both alleged to have occurred three days earlier.”

United States v. Mark Leroy Sparks, 265 F.3d 825 (9th Cir. 2001). “[w]here people assemble”); Mass. Gen. Laws Ann. ch 266, § 15 ("dwelling house”); Minn.”

Commonwealth v. Burke, 467 N.E.2d 846 (Mass. 1984). “The defendant points first to the judge’s mention of the fact (during his discussion of the sentence) that the charge in the complaint was reduced from burglary (G. L. c. 266, § 15) to breaking and entering in the nighttime (G.”

Commonwealth v. Powell, 901 N.E.2d 686 (Mass. 2009). “On January 9, 2002, an indictment was returned charging the defendant, Travis Powell, with unarmed burglary in violation of G. L. c. 266, § 15. On June 18, 2003, following a full plea colloquy, Powell pleaded guilty to the indictment.”

Commonwealth v. Cotto, 752 N.E.2d 768 (Mass. App. Ct. 2001). “265, § 18(h); breaking and entering in the nighttime with intent to commit murder, G. L. c. 266, § 15; and arson, G. L. c. 266, § 1.”

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