Massachusetts General Laws

Mass. Gen. Laws ch. 274, § 2 (2026)

Aiders; accessories before fact; punishment

✓ current as of July 2026

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Section 2. Whoever aids in the commission of a felony, or is accessory thereto before the fact by counselling, hiring or otherwise procuring such felony to be committed, shall be punished in the manner provided for the punishment of the principal felon.

Notes of Decisions

Cited in 76 cases (3 in the last 5 years), 1929–2025 · leading case: Commonwealth v. Zanetti, 910 N.E.2d 869 (Mass. 2009).

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Commonwealth v. Zanetti, 910 N.E.2d 869 (Mass. 2009). · cites it 8× “While accomplice liability has a common-law origin, Massachusetts, like the Federal government and most States, has enacted statutory provisions, G. L. c. 274, §§ 2 and 3, which declare that a person who aids and abets the commission of a felony is as guilty of that crime as the…”

Commonwealth v. Rodriguez, 931 N.E.2d 20 (Mass. 2010). · cites it 15× “The indictment charging Marshall as an accessory before the fact was framed under G. L. c. 274, § 2, 28 and in conformity with G.”

Commonwealth v. Raposo, 595 N.E.2d 773 (Mass. 1992). · cites it 10× “If it is a crime, is it a violation of [G.L.c. 274, § 2]?" We need not answer the four questions separately.”

Commonwealth v. Angiulo, 615 N.E.2d 155 (Mass. 1993). · cites it 6× “See G.L.c. 274, § 2 (1990 ed.). The trial took place in December, 1987.”

Commonwealth v. Soares, 387 N.E.2d 499 (Mass. 1979). · cites it 2× “See G.L.c. 274, § 2. [3] Easterling argues that the evidence shows only that he intended to disperse the football players and to protect Soares, and that, in any case, he lacked the time and opportunity for deliberate premeditation.”

Commonwealth v. James, 570 N.E.2d 168 (Mass. App. Ct. 1991). · cites it 4× “Pope was indicted and convicted of being an accessory before the fact to the principal offense, it seems accepted, under G.L.c. 274, § 2, as appearing in St. 1973, c.”

Commonwealth v. Gonzalez, 56 N.E.3d 1271 (Mass. 2016). · cites it 2× “274, § 2 ("aid[ing]" punished like act of "principal felon"), it was the Commonwealth's burden to show that the defendant (a) "participated in the commission of the crime charged," (b) did so "knowingly," and (c) "shared the required criminal intent" (citation omitted).”

Marshall v. Bristol Superior Court, 753 F.3d 10 (1st Cir. 2014). · cites it 3× “Trial The prosecution chose to indict Marshall as an accessory before the fact to murder in the first degree under Mass. Gen. Laws ch. 274, § 2 (‘Whoever aids in the commission of a felony, or is accessory thereto before the fact by counselling, hiring or otherwise procuring…”

Commonwealth v. Ortiz, 679 N.E.2d 1007 (Mass. 1997). · cites it 3× “” G. L. c. 274, § 2. Commonwealth v. Raposo, 413 Mass.”

Commonwealth v. Fluellen, 924 N.E.2d 713 (Mass. 2010). · cites it 2× “*522 Joint venture liability is provided for in G. L. c. 274, § 2, but joint venture is neither a crime nor an element of a crime.”

Marshall v. Commonwealth, 977 N.E.2d 40 (Mass. 2012). · cites it 2× “In February, 2006, a jury convicted Ryan Marshall (defendant) of being an accessory before the fact to murder, G. L. c. 274, § 2 (§ 2), 1 on an indictment alleging that he, “before the said felony was committed, did incite, procure, aid, counsel, hire or command that” four named…”

United States v. Marino, 277 F.3d 11 (1st Cir. 2002). “” Mass. Gen. Laws ch. 274, § 2 . Just like the federal statute for aiding and abetting, the Massachusetts statute does not create a separate offense, but rather makes those who aided and abetted in the commission of a crime punishable as principals.”

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