Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 17 (2026)

Entering without breaking at night; breaking and entering in day time; weapons; punishment

✓ current as of July 2026

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Section 17. Whoever, in the night time, enters without breaking, or breaks and enters in the day time, a building, ship, vessel, or vehicle, with intent to commit a felony, the owner or any other person lawfully therein being put in fear, shall be punished by imprisonment in the state prison for not more than ten years. Whoever commits any offense described in this section while armed with a firearm, as defined in section 121 of chapter 140, shall be punished by imprisonment in the state prison for not less than 7 years or in the house of correction for not less than 2 years nor more than 21/2 years.

Notes of Decisions

Cited in 36 cases (4 in the last 5 years), 1975–2025 · leading case: Commonwealth v. Swahn, 368 N.E.2d 813 (Mass. App. Ct. 1977).

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Commonwealth v. Swahn, 368 N.E.2d 813 (Mass. App. Ct. 1977). · cites it 8× “2 The judge ruled that the evidence was insufficient to warrant a finding that any offence had been so committed but also ruled, subject to the defendant’s exception, 3 that he would submit the case to the jury on what he (the judge) regarded as the lesser included offence of…”

United States v. Farrell, 672 F.3d 27 (1st Cir. 2012). · cites it 2× “7 During the relevant time period, Mass. Gen. Laws ch. 266, § 17 provided that: Whoever .”

Commonwealth v. Johnson, 45 N.E.3d 83 (Mass. 2016). “265, § 18A, and breaking and entering in the daytime, in violation of G. L. c. 266, §17. The defendant moved to suppress all out-of-court and in-court identifications of the defendant by the victim.”

United States v. Fish, 758 F.3d 1 (1st Cir. 2014). “The government’s brief on appeal argues that even though the records of the former conviction state only that Fish was convicted of a “B & E Daytime,” one could conclude from them that Fish had been convicted under a statute, Mass. Gen. Laws ch. 266, § 17 , which requires as an…”

United States v. Dwinells, 508 F.3d 63 (1st Cir. 2007). “, Mass. Gen. Laws ch. 266, § 17 (2007). Yet, typically, such statutes provide explicitly for that additional element of intent.”

Commonwealth v. Graham, 445 N.E.2d 1043 (Mass. 1983). · cites it 2× “218, § 26, refers to offenses under G.L.c. 266, § 17, as being within the jurisdiction of the District Courts.”

Commonwealth v. Mattei, 920 N.E.2d 845 (Mass. 2010). “265, § 18C; breaking and entering with intent to commit a felony, in violation of G. L. c. 266, § 17; assault with intent to rape, in violation of G.”

Commonwealth v. Mosby, 413 N.E.2d 754 (Mass. App. Ct. 1980). “The defendant appeals from his convictions by a jury in the Superior Court of breaking and entering a building in the daytime with intent to commit rape and larceny (G. L. c. 266, § 17), and of two counts of rape (as newly defined in G.”

Commonwealth v. Klein, 363 N.E.2d 1313 (Mass. 1977). “The crime is a felony (stealing in a building; G. L. c. 266, § 17); yet the policy which forbids the use of gunfire to prevent the escape is a sound one.”

Commonwealth v. Melvin, 503 N.E.2d 649 (Mass. 1987). “After trial by jury, the defendant was convicted of breaking and entering a building in the daytime with intent to commit a felony therein, G. L. c. 266, § 17 (1984 ed.), and larceny of property worth more than one hundred dollars, G.”

Commonwealth v. Santiago, 474 N.E.2d 154 (Mass. 1985). “On June 22, 1981, the defendant pleaded guilty to three indictments, one charging breaking and entering with intent to commit larceny in a dwelling house in the day time, G. L. c. 266, § 17, and two charging distribution of a controlled substance (heroin and methocarbynol,…”

Commonwealth v. Greenwood, 941 N.E.2d 667 (Mass. App. Ct. 2011). “265, § 26; breaking and entering, G. L. c. 266, § 17; and armed robbery, G.”

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