Massachusetts General Laws

Mass. Gen. Laws ch. 268, § 39 (2026)

Perjury; statements alleging motor vehicle theft; penalty; subsequent offenses

✓ current as of July 2026

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Section 39. Whoever knowingly makes a false written statement on a form bearing notice that false statements made therein are punishable under the penalty of perjury, to a police officer, police department or the registry of motor vehicles alleging the theft or conversion of a motor vehicle, shall be punished by imprisonment for a first offense not less than five months, nor more than two years, or a fine of not less than two hundred and fifty dollars and not more than two thousand five hundred dollars, or both. A person found guilty of violating this section for a second or subsequent offense shall be punished by imprisonment not less than one, nor more than five years, or a fine of not less than five hundred dollars and not more than five thousand dollars, or both.

The sentence imposed upon a person convicted of violating this section for a second or subsequent offense shall not be reduced to less than one year.

A person convicted of a second or subsequent offense of violating the provisions of this section 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 institutions. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.

Notes of Decisions

Cited in 10 cases, 1994–2015 · leading case: Commonwealth v. Platt, 798 N.E.2d 1005 (Mass. 2003).

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Commonwealth v. Platt, 798 N.E.2d 1005 (Mass. 2003). “90, § 24 [2]), and of making a false report of a motor vehicle theft (G. L. c. 268, § 39). The defendant appealed from his convictions, claiming that (1) the trial judge erred in denying his motion for required findings of not guilty after the Commonwealth had rested; and (2)…”

Commonwealth v. Kelly, 871 N.E.2d 1103 (Mass. App. Ct. 2007). · cites it 4× “The defendant, Marguerite Kelly, was convicted after a jury-waived trial of knowingly making a false report of a motor vehicle theft pursuant to G. L. c. 268, § 39. 1 The only issue on appeal is whether the defendant’s signature on a stolen motor vehicle report constitutes a…”

Commonwealth v. Peck, 86 Mass. App. Ct. 34 (Mass. App. Ct. 2014). · cites it 2× “Contrary to the defendant’s argument, there was sufficient evidence that she filed a false report of motor vehicle theft in violation of G. L. c. 268, § 39. The statute requires proof “that the defendant ‘knowingly’ ma[d]e a false written statement on a form bearing notice that…”

Corson v. Commonwealth, 699 N.E.2d 814 (Mass. 1998). “266, § 27A), providing a false written statement to the police (in violation of G. L. c. 268, § 39), insurance fraud (in violation of G.”

Commonwealth v. Fortuna, 951 N.E.2d 687 (Mass. App. Ct. 2011). “affecting eligibility or level of benefits to the department of public welfare”); G. L. c. 268, § 39, inserted by St. 1981, c.”

Commonwealth v. Sebastian S., 827 N.E.2d 708 (Mass. 2005). “266, §§ 27A (concealing motor vehicles to defraud insurers), 28 (theft of motor vehicles); G. L. c. 268, § 39 (false statements alleging theft of motor vehicle); G.”

United States v. Towne, 705 F. Supp. 2d 125 (D. Mass. 2010). “See also Mass. Gen. Laws ch. 268, § 39 (false reports of vehicle theft).”

Commonwealth v. Ramos, 88 Mass. App. Ct. 68 (Mass. App. Ct. 2015). · cites it 2× “See G. L. c. 268, § 39. Furthermore, anyone who makes a written statement to the RMV alleging the theft of a motor vehicle does so on a signed form that gives printed notice that false statements are punishable under penalty of perjury, subjecting the individual to criminal…”

Commonwealth v. Platt, 782 N.E.2d 542 (Mass. App. Ct. 2003). “G. L. c. 268, § 39. We do not discuss evidence offered on behalf of the defendant following the close of the Commonwealth’s evidence.”

Commonwealth v. Chery, 628 N.E.2d 27 (Mass. App. Ct. 1994). “266, § 10); and making false statements on a stolen motor vehicle report (G. L. c. 268, § 39). Those acquittals, the defendant urges on appeal, are inconsistent with his conviction on the charge of making a fraudulent claim with the insurer.”

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