Mass. Gen. Laws » Part IV Title I Chapter 271
Massachusetts General Laws

Mass. Gen. Laws ch. 271, § 2 (2026)

Gaming or betting in public conveyance or place or while trespassing in private place; arrest without warrant

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Section 2. Whoever, in a public conveyance or public place, or in a private place upon which he is trespassing, plays at cards, dice or any other game for money or other property, or bets on the sides or hands of those playing, except as permitted under chapters 23K and 23N, shall forfeit not more than fifty dollars or be imprisoned for not more than three months; and whoever sets up or permits such a game shall be punished by a fine of not less than fifty nor more than one hundred dollars or by imprisonment for not less than three nor more than twelve months. If discovered in the act, he may be arrested without a warrant by a sheriff, deputy sheriff, constable or any officer qualified to serve criminal process, and held in custody, in jail or otherwise, for not more than twenty-four hours, Sunday and legal holidays excepted, until complaint may be made against him for such offence.

Notes of Decisions
Cited in 2 cases, 1963–1997 · leading case: Commonwealth v. Baez, 678 N.E.2d 1335 (Mass. App. Ct. 1997).
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Commonwealth v. Baez, 678 N.E.2d 1335 (Mass. App. Ct. 1997). “) (a person spitting in certain public areas may “be arrested without a warrant by any officer authorized to serve criminal process”); G. L. c. 271, § 2 (1994 ed.) (sheriffs and deputies may arrest certain persons “discovered in the act” of “play[ing] cards, dice or any other…”
Commonwealth v. Mekalian, 194 N.E.2d 390 (Mass. 1963). “Nor, contrary to the Commonwealth’s contention, was any right to make the arrests in question conferred by G. L. c. 271, § 2, which makes it an offence for one in a public place to play at “cards, dice or any other game for money or other property, or [to place] bets on the…”
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