A police officer says the plate on a car didn’t belong to that car, or that the plate was covered or missing. Now you have a citation or a court date for a charge under G.L. c. 90, § 23. Here’s what that charge means.
I’ll go through it in order: what the law says, what the Commonwealth has to prove, the penalties, related charges, and where a defense comes from. “The Commonwealth” means the State of Massachusetts. It’s the side that brings the case against you.
What the Wrong-Plates Law Is
It’s a crime to put another vehicle’s plate on a vehicle, cover a plate’s numbers, or leave off the plate that belongs to the vehicle, when it’s done to hide which vehicle it is.
The law is one part of G.L. c. 90, § 23. Most of § 23 is about operating after suspension or revocation. The plate part has its own penalty. It says:
“[A]ny person who attaches or permits to be attached to a motor vehicle or trailer a number plate assigned to another motor vehicle or trailer, or who obscures or permits to be obscured the figures on any number plate attached to any motor vehicle or trailer, or who fails to display on a motor vehicle or trailer the number plate and the register number duly issued therefor, with intent to conceal the identity of such motor vehicle or trailer, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than ten days, or both.”
In plain words, the law covers three acts, explained next. Each one has to be done to hide which vehicle it is.
Three Ways the Offense Can Be Committed
The law lists three separate acts, and each one has to come with the intent to hide which vehicle it is.
- Attaching another vehicle’s plate. The law covers a person who “attaches or permits to be attached” to a vehicle “a number plate assigned to another motor vehicle or trailer.”
- Covering the plate. The law covers a person who “obscures or permits to be obscured the figures” on a plate. “Obscures” means covers or hides so it can’t be seen clearly. “Figures” means the letters and numbers on the plate.
- Not showing the plate that was issued. The law covers a person who “fails to display” on a vehicle “the number plate and the register number duly issued therefor.” “Duly issued therefor” means properly issued for that vehicle.
The first two acts can be done yourself or “permitted.” “Permits” means you allowed someone else to do it. The law says “any person,” not just the owner or the driver. If the Commonwealth says you allowed someone else to do it, it still has to prove that, and it still has to prove your own intent.
Plates, Register Numbers, and the Display Rules
Chapter 90 explains where plates and plate numbers come from and how they must be shown.
- Register number. Under G.L. c. 90, § 2, the Registry of Motor Vehicles gives out plates “having displayed thereon the register number assigned to that vehicle.” In plain words, the register number is the plate number the Registry gives one particular vehicle.
- Motor vehicle and trailer. Both are defined in G.L. c. 90, § 1. A “trailer” has “no motive power of its own,” meaning no engine, and is pulled by or used with a motor vehicle. See what counts as a motor vehicle.
- Display rules. Under G.L. c. 90, § 6, a registered vehicle driven on a public road must show Registry plates on the front and back, “kept clean with the numbers legible” and not “obscured.” “Legible” means easy to read.
Section 6 doesn’t contain the words “intent to conceal.” The crime in § 23 does. That’s the key difference.
With Intent to Conceal the Identity of the Vehicle
The intent to hide which vehicle it is, is part of the crime, and it applies to all three acts.
The law doesn’t define the phrase. In everyday words, “intent” means a purpose, and “conceal the identity” means to hide which vehicle it is. For more, see my article on criminal intent.
The intent is about hiding the vehicle, not the driver. Hiding the driver’s identity is a different part of § 23, listed under related charges.
What the Commonwealth Must Prove
The Commonwealth has to prove each of these parts beyond a reasonable doubt. That’s the highest level of proof in the law.
- You did one of the three acts, or allowed someone else to do the first or second: attaching a plate assigned to another vehicle; covering the letters and numbers on a plate; or not showing the plate and register number issued for the vehicle.
- The vehicle was a motor vehicle or trailer.
- For the first act, the plate was assigned to another motor vehicle or trailer.
- You meant to hide which vehicle it was.
These parts come straight from the law’s words. If the Commonwealth can’t prove one of them, the charge fails.
A Crime, Not a Civil Infraction, Heard in District Court
A wrong-plates charge is a criminal charge, not a civil infraction, and the district court can hear it.
Under G.L. c. 90C, § 1, a “civil motor vehicle infraction” is a traffic violation whose maximum penalty doesn’t include jail. That category leaves out “a violation of sections 23, 25, or 34J of chapter 90.” So a § 23 charge is a crime.
It’s a misdemeanor, the less serious category of crime. Under G.L. c. 274, § 1, “a crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.” The plate part of § 23 has no state prison term. Under G.L. c. 218, § 26, the district courts can hear “all misdemeanors, except libels.” The superior court shares that power.
Penalties
The penalty is a fine, up to ten days in jail, or both.
- A fine of up to $100.
- Up to 10 days in jail.
- Or both the fine and the jail time.
These are the limits the law sets. They don’t tell you what will happen in your case.
The plate part has no minimum penalty and no higher penalty for a second offense. The parts of § 23 about the Registry extending a license suspension or taking away a registration apply to operating after suspension or revocation, not to the plate part.
Related Charges
A few other laws cover registration, insurance, plates, and identity, and each is a separate crime.
- Unregistered vehicle (G.L. c. 90, § 9): driving a vehicle that isn’t registered or doesn’t show its plate as § 6 requires; no intent to hide is needed.
- No insurance (G.L. c. 90, § 34J): driving, or letting someone drive, a vehicle without the required insurance.
- Showing police someone else’s license (G.L. c. 90, § 23): hiding the driver’s identity, not the vehicle’s.
- Taking another vehicle’s plate (G.L. c. 266, § 139): taking away a plate that belongs to someone else’s vehicle.
- Operating after suspension or revocation (G.L. c. 90, § 23): driving after your license or a vehicle’s registration has been suspended or revoked.
Defenses Built on the Law’s Words
Every part the Commonwealth can’t prove is a defense. These are the questions the law raises.
- Which of the three acts is charged, and does the evidence fit it?
- Was the plate really “assigned to another motor vehicle or trailer”?
- Were the letters and numbers really “obscured”?
- Did you do it or allow it, or did someone else do it without your permission?
- Did you mean to hide which vehicle it was?
- Is a different law, like § 6 or § 9, the one that fits, and are its separate parts proved?
These aren’t a checklist for any one case. They’re the points where the law puts the burden on the Commonwealth.
Frequently Asked Questions
Is having the wrong plates a crime or a civil infraction?
A crime. A civil infraction is a traffic violation that can’t lead to jail, and G.L. c. 90C, § 1 keeps § 23 violations out of that category.
Is it a felony?
No. The plate part has no state prison term, so under G.L. c. 274, § 1 it’s a misdemeanor.
Can I be charged if someone else put the plate on the car?
Yes, if you allowed it. The law covers a person who “attaches or permits to be attached” a plate. The Commonwealth still has to prove you allowed it and meant to hide which vehicle it was.
Is a dirty or covered plate a crime under § 23?
Only if the letters and numbers were covered “with intent to conceal the identity” of the vehicle. Section 6 separately requires plates to be clean, easy to read, and not covered, without the intent language.
Facing a Wrong-Plates Charge? Talk to a Lawyer
This charge turns on which act is charged, whose plate it was, and what you meant to do. You don’t have to face it alone. The Law Office of William J. Barabino in Medford has over 23 years of experience in Massachusetts criminal defense and represents clients throughout Greater Boston.
Call 781-393-5900 to talk about your charge and your options.
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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.
