Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 5 (2026)

Wood and other property; burning or aiding in burning

✓ current as of July 2026

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Section 5. Whoever wilfully and maliciously sets fire to, or burns or otherwise destroys or injures by burning, or causes to be burned or otherwise so destroyed or injured, or whoever aids, counsels or procures the burning of, a pile or parcel of wood, boards, timber or other lumber, or any fence, bars or gate, or a stack of grain, hay or other vegetable product, or any vegetable product severed from the soil and not stacked, or any standing tree, grain, grass or other standing product of the soil, or the soil itself, or any personal property of whatsoever class or character exceeding a value of twenty-five dollars, of another, or any boat, motor vehicle as defined in section one of chapter ninety, or other conveyance, whether of himself or another, shall be punished by imprisonment in the state prison for not more than three years, or by a fine of not more than five hundred dollars and imprisonment in a jail or house of correction for not more than one year.

Notes of Decisions

Cited in 16 cases, 1978–2020 · leading case: Commonwealth v. Tremblay, 950 N.E.2d 421 (Mass. 2011).

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Commonwealth v. Tremblay, 950 N.E.2d 421 (Mass. 2011). · cites it 2× “Tremblay, was indicted by a grand jury *200 on charges of malicious burning of personal property in violation of G. L. c. 266, § 5; damage to property for the purpose of intimidation in violation of G.”

Commonwealth v. Jones, 794 N.E.2d 1220 (Mass. App. Ct. 2003). · cites it 4× “The defendant, Carl Jones, was convicted after a jury-waived trial of burning a motor vehicle in violation of G. L. c. 266, § 5, and burning insured property with the intent to defraud an insurer in violation of G.”

Commonwealth v. Jones, 803 N.E.2d 319 (Mass. 2004). · cites it 2× “After a jury-waived trial in the District Court, the defendant was convicted of burning a motor vehicle, G. L. c. 266, § 5, and burning insured property with the intent to defraud an insurer, G.”

Commonwealth v. Augustine, 35 N.E.3d 688 (Mass. 2015). “Jules’s motor vehicle appears to have been deliberately set on fire in violation of G. L. c. 266, § 5 (arson of a motor vehicle), and the circumstances surrounding her disappearance and the discovery of her body strongly suggest that she was murdered.”

Commonwealth v. Balboni, 89 Mass. App. Ct. 651 (Mass. App. Ct. 2016). · cites it 3× “In these appeals from convictions of malicious burning of property, G. L. c. 266, § 5, and malicious destruction of property over $250, G.”

Commonwealth v. Reynolds, 708 N.E.2d 658 (Mass. 1999). “265, § 1, and of wilfully and maliciously burning a motor vehicle, G. L. c. 266, § 5. The defendant appeals.”

Commonwealth v. Bigley, 11 N.E.3d 1086 (Mass. App. Ct. 2014). “The defendant also was convicted on a count charging him with burning a motor vehicle, in violation of G. L. c. 266, § 5. The principal issue on appeal is the admissibility of statements made by the defendant to Bridgewater police officers and a Bridgewater fire department arson…”

Commonwealth v. Coutu, 90 Mass. App. Ct. 227 (Mass. App. Ct. 2016). “” G. L. c. 266, § 5. The indictment, which was provided to the jury during deliberations, specified that the property at issue was a “cardboard box and contents.”

Commonwealth v. Chase, 877 N.E.2d 945 (Mass. App. Ct. 2007). “The defendant was convicted of burning personalty in violation of G. L. c. 266, § 5; breaking and entering in the nighttime with intent to commit a felony, in violation of G.”

Commonwealth v. Robinson, 614 N.E.2d 697 (Mass. App. Ct. 1993). “266, § 2) and a motor vehicle (G. L. c. 266, § 5). Upon bench trial, he was convicted of both crimes.”

Commonwealth v. Tremblay, 931 N.E.2d 54 (Mass. App. Ct. 2010). “On June 27, 2002, the defendant was indicted for malicious burning of personal property, in violation of G. L. c. 266, § 5; damage of property for the purpose of intimidation, in violation of G.”

Commonwealth v. Banner, 13 Mass. App. Ct. 1065 (Mass. App. Ct. 1982). · cites it 4× “” See G. L. c. 266, § 5. The maximum punishment of incarceration for arson of a motor vehicle under G.”

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