Massachusetts General Laws

Mass. Gen. Laws ch. 272, § 35 (2026)

Unnatural and lascivious acts

✓ current as of July 2026

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Section 35. Whoever commits any unnatural and lascivious act with another person shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment in the state prison for not more than five years or in jail or the house of correction for not more than two and one half years.

Notes of Decisions

Cited in 50 cases (3 in the last 5 years), 1931–2023 · leading case: Commonwealth v. Ferguson, 422 N.E.2d 1365 (Mass. 1981).

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Commonwealth v. Ferguson, 422 N.E.2d 1365 (Mass. 1981). · cites it 8× “G.L.c. 272, § 35. The defendant was sentenced to pay a fine of $125.”

Balthazar v. Superior Ct. of Com. of Mass., 428 F. Supp. 425 (D. Mass. 1977). · cites it 9× “§ 2241 brought by a petitioner who had been charged with having committed an “unnatural and lascivious” act in violation of Mass.Gen.Laws ch. 272, § 35; and with assault by means of a dangerous weapon in violation of Mass.”

Commonwealth v. King, 372 N.E.2d 196 (Mass. 1977). · cites it 4× “, unnatural and lascivious acts under G.L.c. 272, § 35, and the common law crime of soliciting for an unnatural act.”

Commonwealth v. Gallant, 369 N.E.2d 707 (Mass. 1977). · cites it 3× “The statutory prohibitions of “unnatural and lascivious acts,” G. L. c. 272, §§ 35, 35A, and of “the abominable and detestable crime against nature,” G.”

Commonwealth v. Appleby, 402 N.E.2d 1051 (Mass. 1980). · cites it 2× “298, 302 (1974), that G.L.c. 272, § 35, prohibiting "unnatural and lascivious" acts, "must be construed to be inapplicable to private, consensual conduct of adults.”

Commonwealth v. Benoit, 531 N.E.2d 262 (Mass. App. Ct. 1988). · cites it 5× “As so construed, “[t]he rationale of G. L. c. 272, § 35, is to prevent the open flouting of community standards regarding sexual matters” between con *645 senting adults.”

Commonwealth v. Hanscomb, 328 N.E.2d 880 (Mass. 1975). · cites it 4× “He claims error under three headings: (1) prejudicial publicity, (2) unfair comments and questions by the judge during the trial and unfair comments in his charge to the jury, (3) unconstitutional vagueness of G.L.c. 272, § 35, prohibiting "any unnatural and lascivious act.”

Commonwealth v. Reilly, 363 N.E.2d 1126 (Mass. App. Ct. 1977). · cites it 3× “278, §§ 33A-33G) from convictions on an indictment charging the commission of an unnatural and lascivious act, G. L. c. 272, § 35, an indictment charging kidnapping, and so much of an indictment for unarmed robbery as charged *436 larceny from the person.”

Albright v. Morton, 321 F. Supp. 2d 130 (D. Mass. 2004). · cites it 2× “Plaintiffs argue that sodomy is still considered a violation of Mass. Gen. Laws c. 272 § 35, 8 criminalizing unnatural and lascivious acts.”

Commonwealth v. Welch, 825 N.E.2d 1005 (Mass. 2005). “298, 302 (1974) (narrowing “unnatural and lascivious act” provision of G. L. c. 272, § 35, to avoid unconstitutionality).”

Commonwealth v. Nicholas, 663 N.E.2d 266 (Mass. App. Ct. 1996). · cites it 5× “1 These charges were brought pursuant to G. L. c. 272, § 35, and G. L. c. 272, § 53.”

Commonwealth v. Bailey, 348 N.E.2d 746 (Mass. 1976). “265, § 13A) and an unnatural and lascivious act (G. L. c. 272, § 35). 2 There was testimony that twelve points of comparison were adequate to establish an absolute identification.”

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