Threatening to Commit a Crime in Massachusetts: What Must Be Proved, True Threats, Penalties, and Your Defenses

An angry text, a heated argument, a social media post, or something said to a third person can lead to a charge of threatening to commit a crime under G.L. c. 275, §§ 2–4. The charge is not about a crime that was carried out. It is about words that expressed an intent to injure someone or their property, made in circumstances the law treats as a true threat. It is a misdemeanor with a maximum of six months, but it often travels with more serious charges. Here is what the Commonwealth has to prove, the penalties, and where a defense comes from.

What the Law Covers

Section 2 applies when “a person has threatened to commit a crime against the person or property of another.” The threat can target the person who hears it, or someone else: under the model instruction, the person threatened and the target of the threatened crime need not be the same.

What the Commonwealth Must Prove

Under the District Court model jury instruction (Instruction 6.700, revised February 2026), the Commonwealth must prove five things beyond a reasonable doubt:

• You expressed an intent to injure a person, or property of another, now or in the future.
• You intended that the threat be conveyed to a particular person.
• The injury threatened, if carried out, would be a crime.
• You made the threat under circumstances that could reasonably have caused the person to whom it was conveyed to fear that you had both the intention and the ability to carry it out.
• You were aware of or consciously disregarded a substantial risk that the communication would be viewed as threatening violence or injury, and made it anyway.

The instruction adds several points:

• Fear is judged objectively. The person does not have to have actually become afraid, though the jury may consider whether they were.
• Indirect threats count. The threat may be conveyed directly, through a third party, or by other means, if you intended it to reach the person.
• It does not have to arrive. The Commonwealth need not prove the threat was successfully communicated, only that you made a communication you intended to reach the person.

True Threats and Free Speech

The instruction notes that the offense “only reaches cases of ‘true threats,’ which do not qualify as protected speech.” Words that literally threaten but serve an expressive purpose, such as political hyperbole, are not true threats. The fifth element comes from Commonwealth v. Cruz, 495 Mass. 110 (2024), which applied the U.S. Supreme Court’s ruling in Counterman v. Colorado (2023): a true threat may be punished only if the speaker had some subjective understanding of the threatening nature of the statement. Under Cruz, the Commonwealth must prove at least recklessness, meaning you consciously disregarded a substantial risk that the communication would be viewed as threatening violence and delivered it anyway.

Penalties

• Sentence: under § 4, a fine of not more than $100 or imprisonment for not more than 6 months.
• Peace bond: instead of imposing a sentence, the court may order you to enter a recognizance, with sufficient sureties, to keep the peace toward everyone and especially toward the complainant, for up to 6 months. The court may for good cause revoke the order, reduce the amount, or allow it without surety.
• Refusing the bond: under § 5, a person who refuses or neglects to enter the recognizance is committed to jail or the house of correction for the period of the required security, or until they comply.
• Probation: the instruction notes the six-month limit does not cap a probationary period.

Because there is no state prison term, the charge is a misdemeanor under G.L. c. 274, § 1.

How Threats Differs from Related Charges

• Criminal harassment (G.L. c. 265, § 43A): a willful and malicious “pattern of conduct or series of acts over a period of time” aimed at a specific person; no threat is required, but a single statement is not a pattern.
• Stalking (G.L. c. 265, § 43): a pattern of conduct plus a threat made with the intent to place the person in imminent fear of death or bodily injury; a more serious charge.
• Witness intimidation (G.L. c. 268, § 13B): threats or intimidation aimed at a witness, juror, or others involved in a criminal case or proceeding.
• Threats about bombs, guns, or hazardous items (G.L. c. 269, § 14): a threat that a firearm, explosive, or similar item will be used or is present at a place; up to 20 years in state prison, a felony.

Defenses

• Not a true threat. Hyperbole, jokes, venting, or political speech that does not express a real intent to injure.
• No reckless awareness. The Commonwealth must prove you were aware of, or consciously disregarded, the risk your words would be taken as threatening violence.
• Not meant to reach the person. Words said idly to someone else, with no intent that they be passed on.
• No reasonable fear of intention and ability. The circumstances must be ones that could reasonably cause fear that you would and could carry it out.
• The threatened act is not a crime. The injury threatened must itself be a crime.
• Context and proof. Texts and posts read differently in full; partial screenshots and secondhand accounts can be challenged.

Why a Lawyer Matters

Threats cases turn on exact words, full context, and what the speaker understood, and the free-speech line drawn in Cruz gives a defense real tools. A threats charge can also come with a harassment prevention or abuse prevention order, or with more serious counts. The Law Office of William J. Barabino in Medford has over 23 years of experience in Massachusetts criminal defense throughout Greater Boston. Call 781-393-5900 to talk about your case.

Related Charges

• Criminal harassment (G.L. c. 265, § 43A): a pattern of willful, malicious conduct aimed at a specific person.
• Stalking (G.L. c. 265, § 43): a pattern of conduct plus a threat intended to cause imminent fear.
• Intimidation of a witness (G.L. c. 268, § 13B): threats tied to a criminal case or proceeding.
• Hoax device: possessing or placing a fake bomb or similar device to cause alarm.
• Disorderly conduct and disturbing the peace (G.L. c. 272, § 53): public behavior that causes alarm or disturbance, without a threat element.

Disclaimer

This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.