Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 82 (2026)

Concealment of mortgaged personalty; use of rented personalty for illegal sale of liquor

✓ current as of July 2026

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Section 82. Whoever, with a fraudulent intent to place personal property which is subject to a mortgage beyond the control of the mortgagee, removes or conceals or aids or abets in removing or concealing the same, and a mortgagor of such property who assents to such removal or concealment, or whoever shall use rented, leased or mortgaged personal property as a container or implement of sale of intoxicating liquor contrary to law, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year.

Notes of Decisions

Cited in 2 cases, 1981–1991 · leading case: Commonwealth v. Kerr, 565 N.E.2d 1201 (Mass. 1991).

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Commonwealth v. Kerr, 565 N.E.2d 1201 (Mass. 1991). · cites it 2× “If the officer does not in fact have the power which he threatens to use, then under the plain meaning of the statute, he is not guilty of a violation.”

Ferraro v. First Saf. Fund Nat'l Bank, 416 N.E.2d 225 (Mass. App. Ct. 1981). · cites it 2× “Nothing alleged by the plaintiff or developed by him through affidavits or discovery suggests that the defendant bank acted *929 with an ulterior motive in requesting issuance of a criminal complaint under G. L. c. 266, § 82, against the plaintiff for concealment of mortgaged…”

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