Massachusetts General Laws

Mass. Gen. Laws ch. 272, § 34 (2026)

Crime against nature

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Section 34. Whoever commits the abominable and detestable crime against nature, either with mankind or with a beast, shall be punished by imprisonment in the state prison for not more than twenty years.

Notes of Decisions

Cited in 14 cases, 1959–2010 · leading case: State v. Smith, 766 So. 2d 501 (La. 2000).

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State v. Smith, 766 So. 2d 501 (La. 2000). · cites it 2× “§ 14:89 (West 1994); Mass. Gen. Laws Ann. ch. 272, § 34 (West 1993); Minn.”

Commonwealth v. Gallant, 369 N.E.2d 707 (Mass. 1977). · cites it 2× “272, §§ 35, 35A, and of “the abominable and detestable crime against nature,” G. L. c. 272, § 34, give some indication of the scope of the word “unnatural” as used in G.”

Commonwealth v. King, 372 N.E.2d 196 (Mass. 1977). · cites it 2× “The "Equal Rights" Amendment. What we have said thus far leads us to conclude that we shall affirm the judgments in all cases.”

Balthazar v. Superior Ct. of Com. of Mass., 428 F. Supp. 425 (D. Mass. 1977). · cites it 2× “Yet “crimes against nature” constitute a distinct statutory offense in Massachusetts, Mass.Gen.Laws ch. 272, § 34, and, therefore, cannot be deemed the same as “unnatural act.”

Gay & Lesbian Advocates & Defenders v. Attorney Gen., 436 Mass. 132 (Mass. 2002). “The plaintiffs challenge two provisions of the Commonwealth’s “Crimes against Chastity, Morality, Decency and Good Order,” which prohibit the “abominable and detestable crime against nature,” G. L. c. 272, § 34, and “any unnatural and lascivious act with another person,” G.”

Commonwealth v. Smith, 728 N.E.2d 272 (Mass. 2000). “265, § 23, this court looked for guidance to G. L. c. 272, §§ 34, 35, 35A, considering these “[r]elated statutes.”

Commonwealth v. Gonzales, 369 N.E.2d 1038 (Mass. App. Ct. 1977). · cites it 2× “*708 The second prong is that § 22, as amended, is “abhorrent to the concept of due process” in the respect that it grants the prosecution unlimited discretion to proceed against a person who has committed forced anal intercourse by prosecuting him under § 22, which carries a…”

Commonwealth v. Dutra, 446 N.E.2d 1091 (Mass. App. Ct. 1983). · cites it 2× “265, § 22[a]), sodomy (G.L.c. 272, § 34), and assault and battery (G.”

Commonwealth v. Marshall, 253 N.E.2d 333 (Mass. 1969). “The defendant was indicted for the crimes of sodomy, G. L. c. 272, § 34; unnatural and lascivious acts with boys under sixteen, second offences, G.”

Commonwealth v. Marshall, 155 N.E.2d 798 (Mass. 1959). “The defendant was tried and convicted upon eight indictments: some were for having committed an abominable and detestable crime against nature denounced by G. L. c. 272, § 34; one indictment was for violation of G.”

Healy v. Spencer, 397 F. Supp. 2d 269 (D. Mass. 2005). · cites it 2× “Such concern seems to have stemmed from an awareness of Mass. Gen. L. ch. 272, § 34 (punishing "the abominable and detestable crime against nature .”

Commonwealth v. Proulx, 612 N.E.2d 1210 (Mass. App. Ct. 1993). “See G. L. c. 272, § 34 (“abominable and detestable crime against nature”).”

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