Massachusetts General Laws

Mass. Gen. Laws ch. 269, § 10C (2026)

Tear gas; use in commission of crimes

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 10C. Whoever uses tear gas cartridges, or any device or instrument which contains a liquid, gas, powder, or any other substance designed to incapacitate for the purpose of committing a crime shall be punished by imprisonment in the state prison for not more than seven years.

Notes of Decisions
Cited in 4 cases, 1981–2018 · leading case: Commonwealth v. Assad, 476 N.E.2d 629 (Mass. App. Ct. 1985).
Commonwealth v. Assad, 476 N.E.2d 629 (Mass. App. Ct. 1985). · cites it 2× “266, § 18); and (3) using a device which contains a substance designed to incapacitate for the purpose of committing an armed assault in a dwelling house (see G. L. c. 269, § 10C). 1. The motion for a required finding of not guilty.”
Commonwealth v. Sampson, 422 N.E.2d 450 (Mass. 1981). “G. L. c. 269, § 10C, as appearing in St. 1973, c.”
Commonwealth v. Jiminez, 493 N.E.2d 501 (Mass. App. Ct. 1986). “9 The indictment refers to G. L. c. 269, § 10C, rather than G. L. c.”
Commonwealth v. Walcott, 102 N.E.3d 1031 (Mass. App. Ct. 2018). “designed to incapacitate for the purpose of committing a crime." We disagree.”
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