Massachusetts General Laws

Mass. Gen. Laws ch. 274, § 6 (2026)

Attempts to commit crimes; punishment

✓ current as of July 2026

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Section 6. Whoever attempts to commit a crime by doing any act toward its commission, but fails in its perpetration, or is intercepted or prevented in its perpetration, shall, except as otherwise provided, be punished as follows:

First, by imprisonment in the state prison for not more than ten years, if he attempts to commit a crime punishable with death.

Second, by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one half years, if he attempts to commit a crime, except any larceny under section thirty of chapter two hundred and sixty-six, punishable by imprisonment in the state prison for life or for five years or more.

Third, by imprisonment in a jail or house of correction for not more than one year or by a fine of not more than three hundred dollars, if he attempts to commit a crime, except any larceny under said section thirty, punishable by imprisonment in the state prison for less than five years or by imprisonment in a jail or house of correction or by a fine.

Fourth, by imprisonment in a jail or house of correction for not more than two and one half years or by a fine, or by both such fine and imprisonment, if he attempts to commit any larceny punishable under said section thirty.

Notes of Decisions

Cited in 107 cases (14 in the last 5 years), 1928–2025 · leading case: Commonwealth v. Dykens, 45 N.E.3d 580 (Mass. 2016).

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Commonwealth v. Dykens, 45 N.E.3d 580 (Mass. 2016). · cites it 12× “Specifically, he seeks to vacate two of his three convictions of attempted unarmed burglary in violation of G. L. c. 274, § 6, contending they are duplicative of his conviction on the third, and thus barred under principles of double jeopardy.”

Commonwealth v. Van Bell, 917 N.E.2d 740 (Mass. 2009). · cites it 9× “272, § 53A, and attempted rape of a child, G. L. c. 274, § 6 1 2 The defendant appealed from his convictions, and we granted his application for direct appellate review.”

Commonwealth v. Marzilli, 927 N.E.2d 993 (Mass. 2010). · cites it 8× “The defendant, Joseph James Marzilli, was indicted on seven charges, including attempt to commit a crime in violation of G. L. c. 274, § 6, 1 namely, indecent assault and *65 battery on a person over the age of fourteen.”

Commonwealth v. LaBrie, 46 N.E.3d 519 (Mass. 2016). · cites it 3× “267, authored by then Chief Justice Holmes, concerning an attempt to bum a building under an earlier version of G. L. c. 274, § 6. In Kennedy, supra, the defendant was charged with attempted murder by placing deadly poison on the victim’s cup with the intent that the victim…”

Commonwealth v. Hebert, 368 N.E.2d 1204 (Mass. 1977). · cites it 6× “The defendant took exception "to all of that part of the charge which referred to the lesser included offense of manslaughter." 1. Attempted involuntary manslaughter.”

Commonwealth v. Bell, 981 N.E.2d 220 (Mass. App. Ct. 2013). · cites it 4× “*85 Moreover, an attempt pursuant to G. L. c. 274, § 6, to commit a Massachusetts offense listed in § 178C is itself a listed offense.”

Commonwealth v. Lys, 110 N.E.3d 1201 (Mass. 2018). · cites it 2× “274, § 7 ; thirteen counts of attempting to distribute a class D substance, G. L. c. 274, § 6 ; and two counts of attempting to distribute a class B substance, G.”

Commonwealth v. Graham, 818 N.E.2d 1069 (Mass. App. Ct. 2004). · cites it 4× “Convicted by a jury of numerous offenses, the defendant’s appeal focuses on his convictions of attempted burglary, G. L. c. 274, § 6; resisting arrest, G. L.”

Commonwealth v. Renderos, 799 N.E.2d 97 (Mass. 2003). · cites it 3× “272, §§ 3 or 35A] or for a first attempt of any of the aforementioned crimes under [G. L. c. 274, § 6], the district attorney may file a motion with the sentencing judge requesting that the defendant not receive community parole supervision for life, and upon receipt of such…”

Commonwealth v. Pagan, 834 N.E.2d 240 (Mass. 2005). · cites it 2× “The offenses for the attempt to violate these sections pursuant to G. L. c. 274, § 6, are not enumerated as susceptible to CPSL here, but they are in G.”

People v. Witherspoon, 883 N.E.2d 725 (Ill. App. Ct. 2008). · cites it 2× “]' [ Mass. Gen. Laws ch. 274, § 6 .] If the legislature intended for a single attempt charge to cover all overt acts directed toward the commission of a single crime, it would have used the words `any act or acts,' rather than `any act.”

Commonwealth v. Rivera, 949 N.E.2d 916 (Mass. 2011). · cites it 3× “G. L. c. 274, § 6. At the close of evidence, the defendant moved for a required finding of not guilty, which was denied.”

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