Massachusetts General Laws

Mass. Gen. Laws ch. 271, § 17 (2026)

Place for registering bets or dealing in pools; owner or occupant; custodian or depository

✓ current as of July 2026

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Section 17. Whoever keeps a building or room, or any part thereof, or occupies, or is found in, any place, way, public or private, park or parkway, or any open space, public or private, or any portion thereof, with apparatus, books or any device, for registering bets, or buying or selling pools, upon the result of a trial or contest of skill, speed or endurance of man, beast, bird or machine, or upon the result of a game, competition, political nomination, appointment or election, or whoever is present in such place, way, park or parkway, or any such open space, or any portion thereof, engaged in such business or employment; or, being such keeper, occupant, person found or person present, as aforesaid, registers such bets, or buys or sells such pools, or is concerned in buying or selling the same; or, being the owner, lessee or occupant of a building or room, or part thereof, or private grounds, knowingly permits the same to be used or occupied for any such purpose, or therein keeps, exhibits, uses or employs, or knowingly permits to be therein kept, exhibited, used or employed, any device or apparatus for registering such bets, or for buying or selling such pools, or whoever becomes the custodian or depository for hire, reward, commission or compensation in any manner, of any pools, money, property or thing of value, in any manner staked or bet upon such result, shall be punished by a fine of not more than three thousand dollars or by imprisonment in the state prison for not more than three years, or in jail or the house of correction for not more than two and one half years. This section shall not apply to a person who organizes, supervises, manages or finances another person for the purpose of gaming conducted in accordance with chapter 23K or for the purpose of sports wagering conducted in accordance with chapter 23N.

Notes of Decisions

Cited in 33 cases, 1960–2020 · leading case: Commonwealth v. Vitello, 327 N.E.2d 819 (Mass. 1975).

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Commonwealth v. Vitello, 327 N.E.2d 819 (Mass. 1975). · cites it 4× “G.L.c. 271, § 17 (being found with apparatus for the purpose of registering bets).”

Commonwealth v. Long, 911 N.E.2d 174 (Mass. 2009). · cites it 2× “A designated offense includes: “the following offenses in connection with organized crime as defined in the preamble: arson, assault and battery with a dangerous weapon, extortion, bribery, burglary, embezzlement, forgery, gaming in violation of [G. L. c. 271, § 17],…”

United States v. Gianelli, 585 F. Supp. 2d 150 (D. Mass. 2008). · cites it 4× “Analysis The Defendants argue that when Orlando first applied for the Essex County wiretap warrant he did not have probable cause to believe that the targets had violated M.G.L. c. 271, § 17 because 1) there was not sufficient evidence that the targets were registering bets or…”

United States v. Albertelli, 687 F.3d 439 (1st Cir. 2012). “Title III permits wiretaps to investigate “gambling” offenses generally, while the state statute — whose conditions must also be met — authorizes them for only one gambling offense: keeping or being in a place for the registering of bets.”

Commonwealth v. Murphy, 173 N.E.2d 630 (Mass. 1961). · cites it 4× “The parties are in agreement that the reference is to G. L. c. 271, § 17, which contains these words: “Whoever .”

Commonwealth v. DiAntonio, 395 N.E.2d 358 (Mass. App. Ct. 1979). · cites it 3× “G. L. c. 271, §§ 17 and 20. Slamin was convicted on an indictment charging her with knowingly permitting her apartment at 11 Colonial Road to be used for the purpose of registering bets.”

Commonwealth v. Brisson, 578 N.E.2d 805 (Mass. App. Ct. 1991). · cites it 5× “A Superior Court judge found the defendant, Brisson, guilty of being found in a place with gaming apparatus and conspiracy to register bets on the results of athletic contests, both in violation of G. L. c. 271, § 17. The conviction on the gaming indictment was alleged and…”

United States v. Tzannos, 460 F.3d 128 (1st Cir. 2006). “The State Search Warrant, the Search, and the Federal Indictment The affidavit asserted that- CI-l’s information, combined with the officers’ investigation, sufficed to create probable cause to believe that Tzannos was violating state laws forbidding certain gaming activities,…”

Carney v. Attorney Gen., 451 Mass. 803 (Mass. 2008). “139, §§ 14-15; G. L. c. 271, § 17. Although the plaintiffs claim that banning dog racing would render their property valueless, that contention is clearly inaccurate.”

Commonwealth v. Tavares, 945 N.E.2d 329 (Mass. 2011). “272, § 99 B 7, provides that the “term ‘designated offense’ shall include the following offenses in connection with organized crime as defined in the preamble: arson, assault and battery with a dangerous weapon, extortion, bribery, burglary, embezzlement, forgery, gaming in…”

Commonwealth v. Raposa, 437 N.E.2d 215 (Mass. 1982). · cites it 2× “The defendants were charged with various offenses under G.L.c. 271, §§ 17 and 17A. [2] The charges were originally brought by complaint in the District Court Department.”

Commonwealth v. Santoro, 548 N.E.2d 862 (Mass. 1990). “Convicted of being present where betting apparatus was found (G. L. c. 271, § 17 [1988 ed.]), the defendant challenges the denial of his motion to suppress evidence seized in his home pursuant to a search warrant.”

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