Section 2. Whoever wilfully and maliciously sets fire to, burns, or causes to be burned, or whoever aids, counsels or procures the burning of, a meeting house, church, court house, town house, college, academy, jail or other building which has been erected for public use, or a banking house, warehouse, store, manufactory, mill, barn, stable, shop, outhouse or other building, or an office building, lumber yard, ship, vessel, street car or railway car, or a bridge, lock, dam, flume, tank, or any building or structure or contents thereof, not included or described in the preceding section, whether the same is the property of himself or of another and whether occupied, unoccupied or vacant, shall be punished by imprisonment in the state prison for not more than ten years, or by imprisonment in a jail or house of correction for not more than two and one half years.
Notes of Decisions
Cited in
30
cases (
1 in the last 5 years), 1980–2023 · leading case:
Commonwealth v. Jones, 794 N.E.2d 1220 (Mass. App. Ct. 2003).
Commonwealth v. Jones, 794 N.E.2d 1220 (Mass. App. Ct. 2003).
· cites it 2× “In Shuman , we held that arson of a building, G. L. c. 266, § 2, was a lesser included *162 offense of arson with the intent to defraud an insurer, despite the fact that these two crimes have mutually exclusive elements.”
Commonwealth v. Rousseau, 465 Mass. 372 (Mass. 2013).
“In separate trials, John Rousseau and Michael Dreslinski were each convicted of four indictments charging arson, G. L. c. 266, § 2; one indictment charging breaking and entering in the nighttime with intent to commit a felony, G.”
Commonwealth v. Shuman, 459 N.E.2d 102 (Mass. App. Ct. 1984).
· cites it 2× “This is an appeal (1) from Shuman’s convictions on June 24, 1982, in a jury-waived trial in the Superior Court of (a) arson of a building (G. L. c. 266, § 2) and (b) burning the same building with intent to defraud the insurer (G.”
Commonwealth v. Jones, 803 N.E.2d 319 (Mass. 2004).
“441, 450-451 (1984), the Appeals Court held that arson of a building, G. L. c. 266, § 2, was duplicative of arson of a building with intent to defraud an insurer, G.”
Commonwealth v. DeStefano, 450 N.E.2d 637 (Mass. App. Ct. 1983).
· cites it 2× “[4] This does not leave the Commonwealth without a remedy in a case like this. A defendant who attempts to complete the burning of a dwelling rendered uninhabitable as the result of a prior arson can be indicted under G.”
Commonwealth v. Harrison, 517 N.E.2d 494 (Mass. App. Ct. 1988).
· cites it 2× “Arson of a building (G. L. c. 266, § 2, as amended by St. 1948, c.”
Morrissette v. Commonwealth, 402 N.E.2d 492 (Mass. 1980).
“1 In this pretrial petition, the defendant challenges the sufficiency of the evidence pre *198 sented to the grand jury, which indicted him for having wilfully and maliciously burned a building in violation of G. L. c. 266, § 2. He further asserts that the prosecutor’s…”
Commonwealth v. Ploude, 688 N.E.2d 1028 (Mass. App. Ct. 1998).
· cites it 2× “266, § 10) and (2) burning of a building (G. L. c. 266, § 2). Prior to trial, the defendant filed a suppression motion, which was denied by the judge after an evidentiary hearing.”
Commonwealth v. Benson, 451 N.E.2d 118 (Mass. 1983).
“” See G. L. c. 266, § 2; Commonwealth v. Niziolek, 380 Mass.”
Commonwealth v. Cardenuto, 548 N.E.2d 864 (Mass. 1990).
“As a result of this fire, the defendant and Joseph Yamin, 1 were indicted and charged with arson in violation of G. L. c. 266, § 2 (1988 ed.). Cardenuto, in addition to being charged with arson, was charged with burning insured property with the intent to defraud an insurer in…”
Commonwealth v. Leon L., 756 N.E.2d 1162 (Mass. App. Ct. 2001).
“2 Complaints filed in the Juvenile Court charged them with burning a building (G. L. c. 266, § 2); malicious destruction of personal property valued at less than $250 3 (G.”
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