Massachusetts General Laws

Mass. Gen. Laws ch. 268A, § 26 (2026)

Penalty for violations of clause (b)(2) or (b)(4) of Sec. 23

✓ current as of July 2026
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Section 26. (a) Any person who, directly or through another, with fraudulent intent, violates clause (2) or (4) of subsection (b) of section 23, or any person who, with fraudulent intent, causes any other person to violate said clauses (2) or (4) of said subsection (b) of said section 23 or with fraudulent intent offers or gives any privileges or exemptions of substantial value in violation of said clause (2) or (4) of said subsection (b) of said section 23, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both, if the unwarranted privileges or exemptions have a fair market value in the aggregate of more than $1,000 in any 12 month period.

[There is no subsection (b).]

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1979–2025 · leading case: Opinion of the Justices to the Senate, 392 N.E.2d 849 (Mass. 1979).
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Opinion of the Justices to the Senate, 392 N.E.2d 849 (Mass. 1979). “Abrams We assume the proposed act would be codified as G. L. c. 268A, § 26, having been shown nothing to indicate an intention to repeal or delete the present G.”
Commonwealth v. Daniel M. Spaulding (Mass. 2025). · cites it 2× “" G. L. c. 268A, § 26. In arguing that the statute is void for vagueness, the defendant emphasizes that neither "unwarranted privilege" nor "fraudulent intent" is defined in the statute.”
Dean Tran v. Commonwealth (Mass. 2025). “" G. L. c. 268A, § 26. See Commonwealth v. Spaulding, 495 Mass.”
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