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Threats to Commit a Crime in Massachusetts (M.G.L. c. 275, § 2)
Massachusetts Threats to Commit a Crime Charges
Massachusetts law makes it a crime to threaten an unlawful injury to another person or another person’s property. The charge is commonly brought under G.L. c. 275, § 2 after an argument, a text exchange, a social-media post, or a statement passed through a third person.
Many threats cases arise in a domestic setting and appear on the same complaint as assault and battery on a family or household member. Others begin with a disagreement between neighbors, coworkers, students, or drivers.
The Commonwealth must prove more than the words themselves. It must establish what the defendant meant to communicate, how the statement would reasonably have been understood in context, and what the defendant understood about its threatening character.
What the Commonwealth Must Prove
The current Massachusetts model jury instruction for threats to commit a crime, revised in February 2026, requires proof of five elements beyond a reasonable doubt:
- The defendant expressed an intent to injure a person or another person’s property, either immediately or in the future.
- The defendant intended the threat to be conveyed to a particular person.
- The threatened injury would constitute a crime if it were carried out.
- The circumstances could reasonably have caused the recipient to fear that the defendant had both the intention and the ability to carry out the threat.
- The defendant was aware of, or consciously disregarded, a substantial risk that the communication would be viewed as threatening violence.
The fifth element is important. In Commonwealth v. Cruz, 495 Mass. 110 (2024), the Supreme Judicial Court held that the First Amendment requires proof of the speaker’s subjective awareness. It is not enough to show only that a reasonable person could have interpreted the words as threatening.
The Commonwealth does not have to prove that the defendant intended to carry out the threatened crime. It must prove, however, that the defendant understood the risk that the communication would be taken as a threat and delivered it anyway.
What Is a “True Threat”?
A conviction requires a true threat, not constitutionally protected speech. A true threat is a serious expression of an intent to commit unlawful violence or injury. Political hyperbole, an obvious joke, angry exaggeration, or crude language is not automatically a true threat.
The court considers the words and the circumstances in which they were used. Relevant facts may include the parties’ history, their tone and physical distance, earlier conduct, the full conversation, and whether the speaker identified a person, act, place, or time.
A conditional statement is not automatically protected or criminal. The question is what the statement conveyed in its full setting, not whether it contained words such as “if” or “unless.”
The recipient does not have to testify that they were afraid. The fourth element uses an objective test: could the circumstances reasonably have caused the recipient to fear that the defendant had the intention and ability to act?
Nor must the prosecution prove that the defendant possessed the weapon or other means needed to carry out the threat. The issue is whether a reasonable recipient would experience the required apprehension under the surrounding circumstances.
Direct, Indirect, and Third-Party Threats
A threat may be spoken directly to its target, sent in writing, posted online, or communicated through another person. The prosecution must prove that the defendant intended the statement to be conveyed to a particular person, but successful delivery is not always required.
The recipient of the communication and the person threatened with harm may also be different. For example, a threat to injure someone’s child can support a charge based on the fear caused to the person who receives it.
When a complaint identifies several statements as possible threats, the particular statement matters. The jurors generally must agree unanimously on the same threatening statement rather than combine different remarks to reach a verdict.
Text Messages, Social Media, and Other Digital Evidence
Digital cases require more than a screenshot of a single sentence. The defense should examine the complete exchange and establish who participated and when. It should also identify deleted or missing messages and the events that preceded the statement.
Authorship may also be disputed. A displayed name or telephone number does not always establish who wrote a message, who controlled the account, or whether the screenshot is complete and accurate.
Context can help either side. A long exchange may show an escalating and serious threat, or it may show sarcasm, quotation, mutual insults, or a meaning that is not apparent from the isolated screenshot.
Threats Charges in Domestic Violence Cases
In a Massachusetts domestic violence case, police may charge threats even when no physical contact is alleged. They may also seek a criminal assault charge, while the complainant may request a civil 209A abuse prevention order.
The Commonwealth controls the criminal prosecution. A complainant may give the prosecutor new information or decline to support the case, but cannot personally dismiss the charge. The practical consequences of a changed account are explained in the firm’s article on recantation in a Massachusetts domestic violence case.
Contacting a complainant after an arrest can result in a separate charge. Pressure, persuasion, retaliation, or a request to withhold information may lead to a felony witness-intimidation charge. Any 209A no-contact order remains binding unless a court changes it.
Arrest, Summons, and Clerk-Magistrate Hearings
Chapter 275 does not, by itself, authorize a warrantless arrest for this offense. Domestic incidents require a separate analysis. Under G.L. c. 209A, § 6, arrest is the preferred response when an officer has probable cause to believe that a person committed a misdemeanor involving abuse as the statute defines it.
Other allegations may begin with an application for a criminal complaint. When a clerk-magistrate hearing under G.L. c. 218, § 35A is available, counsel can address probable cause before a complaint issues.
A hearing is not guaranteed in every case. An arrest, warrant application, or judicial determination may instead lead directly to arraignment.
Evidence When the Recipient Does Not Testify
The Commonwealth may prosecute even if the recipient does not testify. It may rely on authenticated messages, recordings, other witnesses, or the defendant’s own admissible statements.
An officer cannot simply repeat every out-of-court accusation. Each statement must satisfy the rules of evidence and, when the statement is testimonial, the Confrontation Clause. A 911 call and a later police interview may receive different treatment.
The firm’s page on spontaneous or excited utterances in Massachusetts explains how courts analyze 911 calls, on-scene statements, and a non-testifying or recanting witness.
Defenses to a Massachusetts Threats Charge
The defense depends on the statement and its setting. Common issues include:
- No threatened crime. The statement may express anger or predict a lawful consequence without threatening conduct that would be criminal.
- No intent to convey the statement. A private remark that the defendant did not intend to reach a particular person may fail the second element.
- No true threat. The language, tone, audience, or surrounding events may show protected hyperbole, humor, venting, or ambiguity rather than a serious threat.
- No required subjective awareness. The evidence may not prove that the defendant knew of, or consciously disregarded, the substantial risk that the statement would be understood as threatening violence.
- No objectively reasonable apprehension. The circumstances may not support a reasonable fear that the defendant had both the intention and the ability to act.
- Identity or authentication problems. The Commonwealth must connect the defendant to a disputed account, message, recording, or post.
- Incomplete context. A cropped screenshot or partial recording may omit language that changes the meaning of the statement.
Some cases present several of these issues at once. The defense should identify the precise words the Commonwealth relies on and test each element against that statement.
Penalties and Criminal-Record Consequences
Under G.L. c. 275, § 4, the maximum punishment is a $100 fine or six months in a house of correction. The statute also permits a court, instead of imprisonment, to require a recognizance to keep the peace for up to six months.
The consequences are not limited to the statutory maximum. Once a complaint is arraigned, the charge appears on the court record even if it is later dismissed. The result may require a separate analysis of Massachusetts criminal-record access and sealing.
A pending charge or disposition can also affect employment, professional licensing, education, immigration, or firearms licensing. Those effects are not identical in every case, so counsel should examine the person’s status before recommending a plea or other disposition.
How Attorney Serpa Approaches a Threats Case
A careful review begins with the exact alleged statement. Attorney Serpa obtains the complete message thread or recording, along with police reports and available witness accounts. He then compares that evidence with all five required elements.
When a clerk-magistrate hearing is available, the first objective may be to prevent a complaint from issuing. After arraignment, the work may include a motion to dismiss or another dismissal strategy, an evidentiary motion, trial preparation, or a negotiated resolution that accounts for the client’s record and professional circumstances.
Serpa Law Office represents people charged in the Boston Municipal Court and in District Courts throughout Greater Boston and Massachusetts. For a confidential consultation about a threats allegation, call 617.936.0201.
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