Interfering with a Firefighting Operation in Massachusetts: What "Willful" Means, the 5-Year Felony, and Your Defenses

Getting in the way of firefighters at a fire scene is a felony in Massachusetts. Under G.L. c. 268, § 32A, it is a crime to willfully obstruct, interfere with, or hinder a firefighter or a firefighting force doing its lawful duty. The key word is “willfully”: the Commonwealth must prove you meant to interfere, not just that you were in the way.

What the Law Covers

Section 32A protects both individual firefighters and the firefighting force as a whole. It covers three kinds of conduct:

• obstructing a firefighter or firefighting force;
• interfering with them; or
• hindering them,

while they are in the lawful performance of their duty. Those duties go beyond putting water on a fire. In Commonwealth v. Joyce, 84 Mass. App. Ct. 574 (2013), the Appeals Court held that a man who physically resisted a fire chief’s efforts to remove him from a burning house interfered with the chief’s duties to assess the fire, secure the scene, and keep everyone safe.

What the Commonwealth Must Prove

Based on the statute and Joyce, the Commonwealth must prove beyond a reasonable doubt that:

• a firefighter or firefighting force was engaged in the lawful performance of duty;
• you obstructed, interfered with, or hindered that firefighter or force; and
• you did so willfully.

What “Willfully” Means

In Joyce, the Appeals Court held that “willfully” means intentional and by design, not thoughtless or accidental. You must intend both your conduct and its result: the interference, obstruction, or hindrance itself. Intent can be inferred from your words, actions, and the circumstances.

Good intentions do not cancel that intent. Joyce held that multiple or mixed motives make no difference: if you intended to interfere, it does not matter that you also had another goal.

Penalties

• a fine of $100 to $1,000; or
• 30 days to 2½ years in a jail or house of correction; or
• up to 5 years in state prison;
• or the fine together with a jail or house of correction sentence.

Because state prison is possible, the offense is a felony under G.L. c. 274, § 1.

Defenses

• No intent to interfere: you were confused, panicked, or simply present, and did not mean to obstruct anyone.
• No actual interference: your conduct did not obstruct, interfere with, or hinder the firefighters.
• Not lawful duty: the firefighter was not acting in the lawful performance of duty.
• Words alone: whether shouting or arguing, without more, actually hindered the operation is a question of fact.

Why a Lawyer Matters

These charges usually come out of chaotic, emotional moments, often a fire at your own home. Whether you meant to interfere, or were simply trying to help, is often the whole case. Attorney William J. Barabino has defended criminal cases for 23 years. Call 781-393-5900.

Related Charges

• Resisting arrest (G.L. c. 268, § 32B): resisting a police officer making an arrest, rather than interfering with firefighters.
• Disorderly conduct (G.L. c. 272, § 53): a misdemeanor for creating a public disturbance, with no firefighter element.
• Fireworks (G.L. c. 148, § 39): a fire-safety offense for possessing or selling fireworks.

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.