Massachusetts General Laws

Mass. Gen. Laws ch. 274, § 3 (2026)

Counselling or procuring felony; prosecution as accessory before fact or principal; punishment; venue

✓ current as of July 2026

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Section 3. Whoever counsels, hires or otherwise procures a felony to be committed may be indicted and convicted as an accessory before the fact, either with the principal felon or after his conviction; or may be indicted and convicted of the substantive felony, whether the principal felon has or has not been convicted, or is or is not amenable to justice; and in the last mentioned case may be punished in the same manner as if convicted of being an accessory before the fact. An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, although the counselling, hiring or procuring the commission of such felony was committed within or without the commonwealth or on the high seas.

Notes of Decisions

Cited in 18 cases, 1928–2012 · leading case: Commonwealth v. Angiulo, 615 N.E.2d 155 (Mass. 1993).

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Commonwealth v. Angiulo, 615 N.E.2d 155 (Mass. 1993). · cites it 2× “The defendant argues § 33E applies because *508 he could have been indicted and tried on the underlying substantive felony, murder in the first degree, see G.L.c. 274, § 3 (1990 ed.), and because he is subject to the same punishment as one who has been convicted of murder in the…”

Commonwealth v. Green, 652 N.E.2d 572 (Mass. 1995). · cites it 2× “G. L. c. 274, § 3 (1992 ed.). Commonwealth v.”

Marshall v. Commonwealth, 977 N.E.2d 40 (Mass. 2012). · cites it 2× “We turn to our decision in Ortiz , where we reviewed the common-law origins of accomplice liability, as well as the statutory interventions brought by § 2 and its counterpart, G. L. c. 274, § 3 (§ 3). 11 We explained that, at common law, the parties to a felony fell into one of…”

State v. Petry, 273 S.E.2d 346 (W. Va. 1980). “§ 702-225 (1976); Idaho Code § 19-1431 (1979); Mass.Gen.Laws Ann. ch. 274 § 3 (1970); Minn.”

Commonwealth v. Ortiz, 679 N.E.2d 1007 (Mass. 1997). “274, § 2, which makes a joint participant in the commission of a felony hable to the same extent as the principal felon, and by G. L. c. 274, § 3, which removes the impediments described in note 5, supra.”

Commonwealth v. Rodriguez, 931 N.E.2d 20 (Mass. 2010). “” G. L. c. 274, § 3. In future indictments charging guilt as an accessory before the fact, such indictments should set forth that “A.”

Commonwealth v. Gilday, 415 N.E.2d 797 (Mass. 1980). “See G. L. c. 274, § 3, which provides that an accessory before the fact may be indicted, convicted and punished as a principal to the substantive felony.”

Curtis v. Sch. Comm., 420 Mass. 749 (Mass. 1995). “In addition to his denial of the plaintiffs’ claims, the motion judge granted summary judgment in favor of the defendants on their request for *751 declaratory judgments to establish that the defendants’ conduct violated G. L. c. 274, § 3 (1994 ed.), and G. L. c.”

Commonwealth v. Gilday, 327 N.E.2d 851 (Mass. 1975). “See G. L. c. 274, § 3, which provides that an accessory before the fact may be indicted, convicted and punished as a principal to the substantive felony.”

Commonwealth v. Wolcott, 931 N.E.2d 1025 (Mass. App. Ct. 2010). “529, § 1 (“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”), and G. L. c. 274, § 3,…”

Commonwealth v. Pope, 491 N.E.2d 240 (Mass. 1986). “13 The defendant also argues that in the circumstances of this case, trial under G. L. c. 274, § 3 (1984 ed.) (which allows trial of an accessory before the fact even where the principal felon is not amenable to justice), denied him his due process rights by shifting to the…”

Commonwealth v. Moure, 701 N.E.2d 319 (Mass. 1998). “2 His appellate counsel argues at some length that the defendant should have been indicted and tried under G. L. c. 274, § 3, 3 because a principal felon, Carrasquillo, had been found not guilty of murder in the first degree prior to the defendant’s trial.”

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