Mass. Gen. Laws » Part IV Title I Chapter 274
Massachusetts General Laws

Mass. Gen. Laws ch. 274, § 8 (2026)

Solicitation, counsel, advice or enticement of crime; penalties

✓ current as of July 2026
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Section 8. Whoever solicits, counsels, advises, or otherwise entices another to commit a crime that may be punished by imprisonment in the state prison, with the intent that the person, in fact, commit or procure the commitment of such crime shall, except as otherwise provided, be punished as follows:

First, by imprisonment for not more than 20 years in the state prison or for not more than 21/2 years in a jail or house of correction, or by a fine of not more than $10,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was for the person to commit a crime punishable by imprisonment for life.

Second, by imprisonment for not more than 10 years in the state prison or for not more than 21/2 years in a jail or house of correction, or by a fine of not more than $10,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was for the person to commit a crime punishable by imprisonment in the state prison for 10 years or more.

Third, by imprisonment for not more than 5 years in the state prison or for not more than 21/2 years in a jail or house of correction, or by a fine of not more than $5,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was for the person to commit a crime punishable by imprisonment in the state prison for 5 years or more.

Fourth, by imprisonment for not more 21/2 years in a jail or house of correction, or by a fine of not more than $2,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was for the person to commit a crime punishable by imprisonment in the state prison for less than 5 years.

If a person is convicted of solicitation, counsel, advice or enticement for which crime the penalty is expressly set forth in any other section of the General Laws, the provisions of this section shall not apply to said crime and the penalty in the applicable section of the General Laws shall be imposed pursuant to the provisions of such other section.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2024 · leading case: Commonwealth v. Scanlon (Mass. 2024).
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Commonwealth v. Scanlon (Mass. 2024). “Two years later, in April 2021, a Hampshire County grand jury indicted Scanlon on one count of solicitation to commit witness intimidation and two counts of solicitation to commit murder, all in violation of G. L. c. 274, § 8. The victim of one of the counts of solicitation to…”
Commonwealth v. Sage Ballard (Mass. Super. Ct. 2022). “265, § 18B); solicitation of tampering with evidence in an official proceeding (G. L. c. 274, § 8, Cl. 2); and unlawful possession of ammunition (G.”
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