Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 16 (2026)

Breaking and entering at night

✓ current as of July 2026

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Section 16. Whoever, in the night time, breaks and enters a building, ship, vessel or vehicle, with intent to commit a felony, or who attempts to or does break, burn, blow up or otherwise injures or destroys a safe, vault or other depository of money, bonds or other valuables in any building, vehicle or place, with intent to commit a larceny or felony, whether he succeeds or fails in the perpetration of such larceny or felony, shall be punished by imprisonment in the state prison for not more than twenty years or in a jail or house of correction for not more than two and one-half years.

Notes of Decisions

Cited in 121 cases (19 in the last 5 years), 1969–2025 · leading case: Commonwealth v. Burke, 467 N.E.2d 846 (Mass. 1984).

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Commonwealth v. Burke, 467 N.E.2d 846 (Mass. 1984). · cites it 7× “The defendant was convicted by a jury of breaking and entering a building in the nighttime with intent to commit a felony, a common law crime now codified by statute at G. L. c. 266, § 16. 1 *689 The jury could have reached their verdict from the following evidence.”

Commonwealth v. Johnson, 119 N.E.3d 669 (Mass. 2019). · cites it 3× “266, § 18; one count of breaking and entering in the nighttime, G. L. c. 266, § 16; two counts of larceny over $250, G.”

Commonwealth v. Hill, 782 N.E.2d 35 (Mass. App. Ct. 2003). · cites it 5× “The defendant appeals from convictions on two counts of breaking and entering a vehicle in the nighttime with the intent to commit a felony, G. L. c. 266, § 16; possession of burglarious tools, G.”

United States v. Fish, 758 F.3d 1 (1st Cir. 2014). · cites it 2× “, Mass. Gen. Laws ch. 266, § 16 , or by case law, e.”

United States v. Delgado, 288 F.3d 49 (1st Cir. 2002). · cites it 4× “6 It is well established in our precedent — and the parties do not disagree— that Mass. Gen. L. ch. 266, § 16 includes conduct that constitutes a crime of violence as well as conduct that does not.”

Commonwealth v. Lovett, 372 N.E.2d 782 (Mass. 1978). · cites it 4× “1 The complaint erroneously noted that this conduct constituted a violation of G. L. c. 266, § 16. 2 On July 9,1975, the defendant was convicted on the complaint and sentenced to a term of two and one-half years in a house of correction.”

Commonwealth v. Dickerson, 364 N.E.2d 1052 (Mass. 1977). · cites it 2× “[4] "Murder committed with deliberately premeditated malice aforethought, or with extreme atrocity or cruelty, or in the commission or attempted commission of a crime punishable with death or imprisonment for life, is murder in the first degree. Murder which does not appear to…”

Commonwealth v. Newton N., a Juv., 89 N.E.3d 1159 (Mass. 2018). · cites it 2× “On May 25, 2016, a police officer applied for and obtained a delinquency complaint from a clerk-magistrate, charging the juvenile with breaking and entering into a building in the nighttime with the intent to commit a felony, in violation of G. L. c. 266, § 16 ; breaking and…”

Commonwealth v. LePore, 666 N.E.2d 152 (Mass. App. Ct. 1996). · cites it 3× “LePore was arrested and charged with one count each of breaking and entering in the nighttime with the intent to commit a felony, G. L. c. 266, § 16, and disorderly conduct, G.”

United States v. Henry Peterson, 233 F.3d 101 (1st Cir. 2000). · cites it 2× “” Congress specified in § 924(e) the type of breaking and entering offense that qualifies as a violent felony — burglary — and that offense requires criminal intent.”

Commonwealth v. Rudenko, 907 N.E.2d 254 (Mass. App. Ct. 2009). · cites it 7× “After a jury-waived trial, a judge found the defendant guilty of breaking and entering in the nighttime with intent to commit a felony, see G. L. c. 266, § 16, and larceny over $250, see G.”

Commonwealth v. Tirrell, 416 N.E.2d 1357 (Mass. 1981). · cites it 2× “266, § 1, breaking and entering in the nighttime with intent to commit a felony, G.L.c. 266, § 16, and larceny in a building, G.”

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