Mass. Gen. Laws » Part IV Title I Chapter 266
Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 28 (2026)

Motor vehicle or trailer; theft or concealment; operation without owner's consent after revocation of license; penalty

✓ current as of July 2026
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Section 28. (a) Whoever steals a motor vehicle or trailer, whoever maliciously damages a motor vehicle or trailer, whoever buys, receives, possesses, conceals, or obtains control of a motor vehicle or trailer, knowing or having reason to know the same to have been stolen, or whoever takes a motor vehicle without the authority of the owner and steals from it any of its parts or accessories, shall be punished by imprisonment in the state prison for not more than fifteen years or by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than fifteen thousand dollars, or by both such fine and imprisonment.

Evidence that an identifying number or numbers of a motor vehicle or trailer or part thereof has been intentionally and maliciously removed, defaced, altered, changed, destroyed, obliterated, or mutilated, shall be prima facie evidence that the defendant knew or had reason to know that the motor vehicle, or trailer or part thereof had been stolen.

A prosecution commenced under this subdivision shall not be placed on file or continued without a finding and the sentence imposed upon a person convicted of violating this subdivision for a second or subsequent offense shall not be reduced to less than one year imprisonment, nor shall any sentence imposed upon any person be suspended, or reduced, until such person shall have served one year of such sentence if convicted of a second or subsequent such offense.

A person convicted of a second or subsequent offense of violating the provisions of this subdivision shall not be eligible for probation, parole, furlough or work release; provided, however that the commissioner of correction may, on the recommendation of warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution.

(b) Whoever conceals any motor vehicle or trailer thief knowing him to be such, shall be punished by imprisonment for not more than ten years or by imprisonment in jail or house of correction for not more than two and one-half years or by a fine of not more than five thousand dollars, or both.

(c) A conviction of a violation of this section or any adjudication that a person is a delinquent child by reason thereof, except for a conviction or adjudication for malicious damage to a motor vehicle or trailer, shall be reported forthwith by the court or magistrate to the registrar of motor vehicles who shall revoke immediately the license to operate motor vehicles or the right to operate motor vehicles of the person so convicted or adjudged, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of such license or right to operate. The registrar of motor vehicles after having revoked the license or right to operate of any such person so convicted or adjudged shall issue a new license or reinstate such right to operate, if the prosecution of such person is finally terminated in his favor; otherwise, no new license shall be issued nor shall such right to operate be reinstated until one year after the date of revocation following his original conviction or adjudication if for a first offense, or until five years after the date of revocation following any subsequent conviction or adjudication.

Notes of Decisions
Cited in 113 cases (13 in the last 5 years), 1964–2026 · leading case: Commonwealth v. Dellamano, 469 N.E.2d 1254 (Mass. 1984).
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Commonwealth v. Dellamano, 469 N.E.2d 1254 (Mass. 1984). · cites it 9× “The defendant was indicted for larceny or receiving a stolen motor vehicle, see G. L. c. 266, § 28 (á), and for defacing a motor vehicle identification number, see G.”
Commonwealth v. Gonsalves, 778 N.E.2d 997 (Mass. App. Ct. 2002). · cites it 8× “A Superior Court jury convicted the defendant of receiving a stolen motor vehicle, G. L. c. 266, § 28. The vehicle in question was a four-wheel, all-terrain vehicle (ATV) used for off-road recreation and had been stolen from a dealer in New York.”
Commonwealth v. Aponte, 887 N.E.2d 266 (Mass. App. Ct. 2008). · cites it 8× “The defense argues that the Commonwealth’s evidence was insufficient to warrant a finding that the defendant knew that the vehicle had been stolen, one of the elements of possession of a stolen motor vehicle under G.”
Commonwealth v. Hason, 439 N.E.2d 251 (Mass. 1982). · cites it 2× “On January 14, 1981, the defendant, Moshe Hason, was indicted for violations of G. L. c. 266, §§28 and *170 60 (knowing receipt, possession, and concealment of a stolen motor vehicle and of stolen property valued at more than $100).”
Costarelli v. Commonwealth, 373 N.E.2d 1183 (Mass. 1978). · cites it 2× “G. L. c. 266, § 28. At the completion of the evidence, which consisted of the testimony of two witnesses for the prosecution and the testimony of the defendant, the defendant moved for a finding of not guilty.”
Commonwealth v. Youngworth, 769 N.E.2d 299 (Mass. App. Ct. 2002). · cites it 4× “The defendant was convicted by a jury of possession of a stolen motor vehicle under G. L. c. 266, § 28. 1 His appellate issues are that (1) the identity of the informant described *31 in the search warrant affidavit should have been disclosed; (2) his trial counsel rendered…”
Commonwealth v. Valdez, 56 N.E.3d 183 (Mass. 2016). · cites it 4× “In January, 1989, he pleaded guilty in the Superior Court to an indictment alleging larceny of a motor vehicle, in violation of G. L. c. 266, § 28, and was sentenced to a prison term of five years at the Massachusetts Correctional Institution at Concord.”
Commonwealth v. Guerro, 260 N.E.2d 190 (Mass. 1970). · cites it 5× “266, § 28; for possession of motor vehicle master keys, G. L. c. 266, § 49; and for being accessories before the fact of larceny, G.”
Commonwealth v. Armenia, 340 N.E.2d 901 (Mass. App. Ct. 1976). · cites it 4× “90, § 22]” (see G. L. c. 266, § 28 1 ) and the other charging him with possession of burglarious instruments (G.”
Commonwealth v. Silva, 447 N.E.2d 646 (Mass. 1983). · cites it 2× “Our basic consideration is whether we shall extend the Matchett principle to cases where the underlying felony is larceny of a motor vehicle under G.L.c. 266, § 28, or kidnapping under G.L.”
Gonsalves v. Thompson, 396 F. Supp. 2d 36 (D. Mass. 2005). · cites it 6× “Facts and Procedural History On May 11,1999, Petitioner was indicted for receiving a stolen motor vehicle in violation of Mass. Gen. Laws ch. 266, § 28 . 1 (Case Summary, Criminal Docket, Commonwealth v.”
Commonwealth v. Ramos, 25 N.E.3d 849 (Mass. 2015). · cites it 2× “The defendant was indicted on a charge of receiving a' stolen motor vehicle, G. L. c. 266, § 28; a codefendant was *741 indicted on charges of receiving a stolen motor vehicle and of receiving stolen property with a value exceeding $250.”
Show all 113 citing cases →
— Mass. Gen. Laws ch. 266, § 28(a) — 13 cases
Commonwealth v. Aponte, 887 N.E.2d 266 (Mass. App. Ct. 2008). “The defense argues that the Commonwealth’s evidence was insufficient to warrant a finding that the defendant knew that the vehicle had been stolen, one of the elements of possession of a stolen motor vehicle under G.”
Commonwealth v. Buckley, 90 Mass. App. Ct. 177 (Mass. App. Ct. 2016).
Commonwealth v. McArthur, 773 N.E.2d 448 (Mass. App. Ct. 2002).
Commonwealth v. Butler, 90 Mass. App. Ct. 599 (Mass. App. Ct. 2016).
Commonwealth v. Dellamano, 456 N.E.2d 481 (Mass. App. Ct. 1983).
— Mass. Gen. Laws ch. 266, § 28(c) — 1 case
Commonwealth v. Gonsalves, 778 N.E.2d 997 (Mass. App. Ct. 2002). “A Superior Court jury convicted the defendant of receiving a stolen motor vehicle, G. L. c. 266, § 28. The vehicle in question was a four-wheel, all-terrain vehicle (ATV) used for off-road recreation and had been stolen from a dealer in New York.”
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