Massachusetts General Laws

Mass. Gen. Laws ch. 279, § 5 (2026)

Sentence if no punishment is provided by statute

✓ current as of July 2026

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Section 5. If no punishment for a crime is provided by statute, the court shall impose such sentence, according to the nature of the crime, as conforms to the common usage and practice in the commonwealth. If a person is convicted of a misdemeanor punishable by imprisonment, he may, unless otherwise expressly provided, be sentenced to imprisonment either in the jail or in the house of correction.

Notes of Decisions

Cited in 12 cases, 1928–2017 · leading case: Commonwealth v. Brown, 1 N.E.3d 259 (Mass. 2013).

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Commonwealth v. Brown, 1 N.E.3d 259 (Mass. 2013). · cites it 3× “Rather, the *684 Commonwealth argues, the sentencing judge may draw on the authority granted by the Legislature under G. L. c. 279, § 5, to set a parole eligibility date for a juvenile convicted of murder in the first degree as if the Legislature never had established a penalty…”

Wilber v. Curtis, 872 F.3d 15 (1st Cir. 2017). “2d 227 (2012) (affirming the validity of this common law crime); Mass. Gen. Laws ch. 279 § 5 (2017) (providing for the existence of common law crimes).”

Commonwealth v. Graham, 445 N.E.2d 1043 (Mass. 1983). · cites it 3× “If a statute provides no punishment for a crime, the District Court may impose a sentence conforming to the common usage and practice in the Commonwealth.”

Commonwealth v. Harrington, 323 N.E.2d 895 (Mass. 1975). · cites it 4× “265, §§ 1, 2, and G. L. c. 279, § 5. But it was appropriate for the judge to preserve the question for decision by this court, and the defendant is not entitled to a reversal of his conviction.”

Commonwealth v. Barsell, 678 N.E.2d 143 (Mass. 1997). · cites it 2× “The Commonwealth asks us to vacate the decision *738 of the motion judge who granted Barsell’s motion, and asks us to remand this case to the Superior Court with instructions to reinstate Barsell’s original sentence. The Commonwealth contends that solicitation to murder is a…”

Alegata v. Commonwealth, 231 N.E.2d 201 (Mass. 1967). “Under G. L. c. 279, § 5, “If no punishment for a crime is provided by statute, the court shall impose such sentence, according to the nature of the crime, as conforms to the common usage and practice in the commonwealth.”

Commonwealth v. Nee, 985 N.E.2d 118 (Mass. App. Ct. 2013). “” G. L. c. 279, § 5. The defendant received a suspended sentence with an eighteen-month probationary period.”

Commonwealth v. a Juv., 300 N.E.2d 439 (Mass. 1973). “See G. L. c. 279, § 5. *109 We do not voice any opinion on whether G.”

Commonwealth v. Graham, 388 Mass. 115 (Mass. 1983). · cites it 3× “If a statute provides no punishment for a crime, the District Court may impose a sentence conforming to the common usage and practice in the Commonwealth.”

Fox v. Commonwealth, 161 N.E. 803 (Mass. 1928). “, G. L. c. 279, § 5. O’Neil v. Commonwealth, 165 Mass.”

In re the Enf't of a Subpoena, 753 N.E.2d 145 (Mass. 2001). · cites it 4× “211C does not provide a penalty for a violation of § 6 (1), the respondent argues that he is at risk of being prosecuted under G. L. c. 279, § 5. 2 However, we agree with the single justice that G.”

Wolcott v. Superior Court Div. of the Trial Court of Massachusetts, 133 F. Supp. 3d 309 (D. Mass. 2015). “l)(“Petition”) alleging as her sole ground for relief that the sentencing law applicable to her, Mass.Gen.L.ch. 279, § 5 is unconstitutionally vague under the Fourteenth Amendment to the United States Constitution.”

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