Massachusetts General Laws

Mass. Gen. Laws ch. 272, § 3 (2026)

Drugging persons for sexual intercourse

✓ current as of July 2026

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Section 3. Whoever applies, administers to or causes to be taken by a person any drug, matter or thing with intent to stupefy or overpower such person so as to thereby enable any person to have sexual intercourse or unnatural sexual intercourse with such person shall be punished by imprisonment in the state prison for life or for any term of years not less than ten years.

Notes of Decisions

Cited in 28 cases (3 in the last 5 years), 1983–2023 · leading case: Commonwealth v. Helfant, 496 N.E.2d 433 (Mass. 1986).

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Commonwealth v. Helfant, 496 N.E.2d 433 (Mass. 1986). · cites it 10× “The defendant also argues that G.L.c. 272, § 3, is unconstitutionally vague.”

Commonwealth v. Smith, 728 N.E.2d 272 (Mass. 2000). · cites it 10× “272 that contain the term “sexual intercourse” and its addition of the term “unnatural sexual intercourse” to G. L. c. 272, § 3, the term “sexual intercourse” in the incest statute, G.”

Commonwealth v. Gustavo Gonzalez Santos., 100 Mass. App. Ct. 1 (Mass. App. Ct. 2021). · cites it 2× “Relatedly, although only in 1998, the Legislature amended the law with respect to the charge of drugging with intent to stupefy or overpower the victim in order to have unlawful sexual intercourse under G. L. c. 272, § 3, so that it can now be proved "upon the evidence of one…”

Commonwealth v. LeBlanc, 921 N.E.2d 933 (Mass. 2010). · cites it 6× “The defendant was convicted of drugging a person for the purpose of unlawful sexual intercourse, G. L. c. 272, § 3, which states, in relevant part: “Whoever applies, administers to or causes to be taken *142 by a person any drug, matter or thing with intent to stupefy or…”

Commonwealth v. LeBlanc, 900 N.E.2d 127 (Mass. App. Ct. 2009). · cites it 7× “On appeal, the defendant claims that the judge erroneously instructed the jury that to prove that the defendant “administered” drugs pursuant to G. L. c. 272, § 3, the Commonwealth only had to prove that the defendant “provided” drugs and alcohol which the complainant…”

Commonwealth v. Renderos, 799 N.E.2d 97 (Mass. 2003). · cites it 2× “265, §§ 22, 22A, 23, 24, 24B, or 26], or [G. L. c. 272, §§ 3 or 35A] or for a first attempt of any of the aforementioned crimes under [G.”

Commonwealth v. Scott, 564 N.E.2d 370 (Mass. 1990). · cites it 2× “214 (1986), the defendant, a physician, was convicted of rape and drugging a person for unlawful sexual intercourse in violation of G.L.c. 272, § 3 (1984 ed.). The alleged criminal activity occurred in 1983.”

Commonwealth v. Walker, 812 N.E.2d 262 (Mass. 2004). “There also is no merit in the defendant’s argument (comprised of one sentence with no citations to supporting authority) that the presence of G. L. c. 272, § 3 (prohibiting drugging another person with the intent to overpower, thereby enabling one to have sexual intercourse with…”

Commonwealth v. Pagan, 834 N.E.2d 240 (Mass. 2005). “), drugging persons for sexual intercourse (G. L. c. 272, § 3), unnatural and lascivious acts with a child under sixteen years (G.”

F.K. v. S.C., 115 N.E.3d 539 (Mass. 2019). “265, § 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43 or 43A,] or [G. L. c. 272, § 3 ]."”

Commonwealth v. Kincaid, 828 N.E.2d 45 (Mass. 2005). “G. L. c. 272, § 3. The defendant filed a motion for a postverdict inquiry.”

Commonwealth v. Saunders, 915 N.E.2d 229 (Mass. App. Ct. 2009). “The defendant was acquitted on a charge of drugging a person for the purpose of engaging in sexual intercourse, pursuant to G. L. c. 272, § 3. In anticipation of receiving comparable testimony from the victim’s friend, the Commonwealth already had introduced testimony from the…”

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