G.L. c. 265, § 37: Using Force or Threats of Force to Interfere with Someone’s Rights
In Massachusetts, it is a crime to use force, or to threaten force, to stop someone from using their legal rights or to punish them for using those rights. This law is G.L. c. 265, § 37. People often call it the civil rights law, and it is often charged in cases described as hate crimes. It applies to everyone, private citizens and government officials alike.
At a Glance: Civil Rights Violation
Misdemeanor
when no one is hurt: up to 1 year in jail
Up to $1,000
fine when no one is hurt (jail, fine, or both)
Up to 10 years
if bodily injury results, making it a felony
Up to $10,000
fine if bodily injury results (jail, fine, or both)
The law: G.L. c. 265, § 37
Below we explain, in plain terms, what the law says, what the Commonwealth (the prosecutor’s side) has to prove, how this charge is different from similar charges, the penalties, and common defenses.
What the Law Says
Here is the heart of the statute, word for word: no person, “whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with, or oppress or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him by the constitution or laws of the commonwealth or by the constitution or laws of the United States.”
Put simply, you cannot use force or threats to get in the way of someone’s rights. “Acting under color of law” means acting with government power, like a police officer on duty. The words “whether or not” mean the law covers ordinary people too, not just officials.
What the Commonwealth Must Prove
To find someone guilty, a jury has to be convinced of four things beyond a reasonable doubt. These four points come from the instruction a judge reads to the jury, Massachusetts District Court Model Jury Instruction 6.620 (Civil Rights Violations):
- The person was using a right protected by the Massachusetts or U.S. Constitution, or by state or federal law.
- The accused person injured, intimidated, interfered with, oppressed, or threatened the person in using that right, or tried to.
- The accused person did this by using force or by threatening to use force.
- The accused person did it willfully, meaning on purpose (explained below).
If the Commonwealth cannot prove even one of these four, the person cannot be found guilty of this charge.
What the Key Words Mean
Instruction 6.620 explains the words in this law. Here they are in everyday language:
- Force means physical force against a person or against property. The amount does not matter. Even a small amount of force is enough.
- Threat of force means saying or showing that you plan to use force, in a way the other person receives. Under Instruction 6.620, it must also seem to any reasonable person in the threatened person’s shoes that the person making the threat actually had the ability to carry it out.
- Intimidate means to put someone in fear.
- Interfere means to get in the way of, or meddle in, someone else’s affairs.
- Oppress means to use authority or power in an abusive or excessive way.
- Threaten means to express a plan to harm someone or their property.
- Attempt means taking a real step toward interfering with the person’s rights, meaning to do it, and coming reasonably close. Just thinking about it or getting ready is not enough.
- Willfully means the person acted for the specific purpose of interfering with the right, or acted because the other person had used that right. The Commonwealth does not have to prove that the person knew they were breaking the law or knew the right was protected.
What Rights Are Protected
The law protects any right that comes from the Massachusetts Constitution, the U.S. Constitution, or a state or federal law. Some common examples:
- Living peacefully in your home
- Walking on public streets and sidewalks without being harassed or attacked
- Going to school without discrimination
- Working without discrimination because of race, color, religion, national origin, sex, age, or ancestry
- Using stores, restaurants, parks, and public transportation on equal terms
- Practicing your religion and voting
The victim does not have to know the law protects the right. And they do not have to be completely stopped from using it. It is enough that they were held back or made to struggle to use it.
How This Law Is Different from Federal Civil Rights Laws
There are also federal civil rights laws. The Massachusetts law is different in three main ways:
- It covers private people, not just government officials.
- It requires force or a threat of force, and it only covers certain acts: injuring, intimidating, interfering, oppressing, or threatening.
- The act must be willful, meaning on purpose.
How This Is Different
People often lump a civil rights charge together with other charges that come out of the same incident. They are not the same thing. Here is how § 37 compares:
- Versus a hate crime under § 39. G.L. c. 265, § 39 covers an assault, a battery, or damage to someone’s property done to intimidate that person because of their race, color, religion, national origin, sexual orientation, gender identity, or disability. Bias is part of what the Commonwealth must prove. Under § 37, bias is not an element. The question is whether force or a threat of force was used on purpose to interfere with a protected right. A § 39 conviction also requires a diversity awareness program and a $100 surcharge on any fine. § 37 has no such requirement. Read more in Hate Crimes in Massachusetts (G.L. c. 265, § 39).
- Versus assault and battery. Assault and battery is about touching someone, or trying or threatening to, without a legal right to do it. § 37 adds one more piece: the force had to be aimed at stopping or punishing the person for using a right, like walking down a public street or living peacefully in their home. A shove in a bar fight over a parking spot is usually just assault and battery. The same shove to keep a family from moving into a neighborhood because of their race can also be a civil rights violation.
- Versus threats. A threat to commit a crime is a separate charge about the words themselves. § 37 can be based on a threat of force, but only when the threat is used on purpose to interfere with someone’s rights.
Examples
These made-up examples show how the law can apply:
- A new neighbor. A family moves onto a street. A neighbor throws rocks through their window and yells that people like them are not welcome and should leave. The family has a right to live peacefully in their home. Using force to drive them out can be a civil rights violation, not just vandalism.
- An argument that is just an argument. Two drivers fight over a parking spot, and one shoves the other. That may be assault and battery. But if the shove had nothing to do with stopping the other person from using a right, it is usually not a civil rights violation.
Penalties
If no one is hurt, a conviction can mean a fine of up to $1,000, up to one year in jail, or both. If bodily injury results, the maximum goes up to a fine of $10,000, up to ten years in prison, or both. Because of that higher penalty, a case with an injury is treated as a felony, which is the more serious class of crime.
Common Defenses
Every case is different, but a defense lawyer will often look closely at questions like these:
- Was the person really using a protected right at the time?
- Was force actually used, or was there a real threat of force?
- Did the accused act on purpose to interfere with that right, or was something else going on, like a personal argument?
- Is the right clearly defined, and does it really apply to these facts?
- What happened before and after, and how believable are the different accounts?
Frequently Asked Questions
Does the person charged have to be a government official?
No. The law says it applies “whether or not” the person was acting with government power, so it covers private citizens too.
Is a small amount of force enough?
Yes. The law does not require any particular amount of force. Even a small amount against a person or property can be enough.
Does the victim have to be completely stopped from using the right?
No. It is enough that the victim was held back or made to struggle to use the right.
What is a hate crime in Massachusetts?
In plain terms, a hate crime is a crime done to someone because of who they are. Massachusetts does not have one single charge called “hate crime.” The main hate crime law is G.L. c. 265, § 39. It makes it a crime to commit an assault, a battery, or damage to someone’s property with the intent to intimidate that person because of their race, color, religion, national origin, sexual orientation, gender identity, or disability. Intent to intimidate means the person meant to put the victim in fear. Prosecutors often charge § 39 and § 37 together when the same incident involves bias and force.
What counts as “bodily injury,” and why does it matter?
Under § 37, the penalty jumps from up to one year and $1,000 to up to ten years and $10,000 “if bodily injury results.” § 37 does not define the term. The hate crime law, § 39, does. It defines bodily injury as a “substantial impairment of the physical condition,” such as a burn, a broken bone, a subdural hematoma (bleeding on the brain), an injury to an internal organ, or an injury caused by repeated harm to the body, including the skin. In other words, it means real physical harm, not just a scrape or a moment of pain. Whether an injury is serious enough is often a key point in the defense.
Can someone also be sued for a civil rights violation?
Yes. The Massachusetts Civil Rights Act also has a civil side, found at G.L. c. 12, §§ 11H and 11I. Under § 11H, the Attorney General can go to court to stop interference with someone’s rights by “threats, intimidation or coercion.” Under § 11I, the person whose rights were interfered with can sue for money damages and attorney’s fees. A civil lawsuit is separate from a criminal case. One can happen without the other.
Why Having the Right Lawyer Matters
Civil rights charges often come out of tense, emotional situations. They can affect your freedom and your reputation. A careful look at the right involved, whether force or a real threat was used, and what the person was actually trying to do can make a big difference in how the case turns out.
Contact Criminal Defense Attorney William J. Barabino
If you or someone you love has been charged with a civil rights violation, it helps to get legal advice early. The Law Office of William J. Barabino defends people facing criminal charges throughout Massachusetts.
Call 781-393-5900 for a confidential consultation.
Visit williambarabino.com for more information on criminal charges and defenses.
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Disclaimer: This article is for educational and informational purposes only and does not constitute legal advice. The law is subject to change, and the application of legal principles depends on the specific facts of each case. Reading this material does not create an attorney-client relationship. For advice regarding your particular situation, consult a qualified Massachusetts criminal defense attorney.
