A group-chat message about bringing a gun to school. An anonymous call about a bomb in a building. A 911 call that sends police racing to a home where nothing is wrong. Each of these can lead to a criminal charge in Massachusetts, and some of them to a felony, even when there was never any bomb, gun, or emergency at all.

Two laws in G.L. c. 269 cover most of these cases. Section 14 makes it a crime to communicate a threat that a bomb, firearm, or other dangerous item is or will be at a place, or a threat to hijack a plane, ship, or other common carrier. Section 14B makes it a crime to willfully and maliciously send emergency responders to a fake emergency, or to the wrong address, through false information given to a 911 center. Here is what each law covers, what must be proved, and the penalties.

What Section 14 Covers

Under G.L. c. 269, § 14(b), it is a crime for anyone who “willfully communicates or causes to be communicated” a threat, “either directly or indirectly,” by speaking, in writing, by mail, by telephone, by email, over the internet, or “by any other means.” The threat must be one of two kinds:

• A threat about a dangerous item at a place. That a firearm, an explosive or incendiary device, a dangerous chemical or biological agent, a poison, a harmful radioactive substance, or any other item “capable of causing death, serious bodily injury or substantial property damage” will be used at a place or location, or is or will be present there.
• A threat to hijack an aircraft, ship, or common carrier. The statute defines “hijack” as “to commandeer or to take control without authority.”

Two parts of the wording matter. First, the law applies “whether or not the same is in fact used or present.” There does not have to be a real bomb or a real gun. Second, the threat can be communicated indirectly and by any means, so a post, a text to a friend, or a message passed along by someone else can be charged, not only a call to the place itself.

The statute also states that it does not authorize “the criminal prosecution of picketing, public demonstrations or other similar forms of expressing views.”

When the Threat Causes an Evacuation or Serious Disruption

Section 14(c) is the more serious form. It applies when the threat causes “either the evacuation or serious disruption” of:

• a school, a school-related event, or school transportation (the law defines “school” broadly, from preschool and Head Start programs through colleges and universities);
• a dwelling, building, place of assembly, facility, or public transport; or
• an aircraft, ship, or common carrier.

It also reaches anyone who “willfully communicates or causes serious public inconvenience or alarm.” The difference from § 14(b) is the result: not just what the message said, but what it caused.

What the Commonwealth Must Prove Under Section 14

Reading the statute as Massachusetts courts apply it, the Commonwealth must prove each of these things beyond a reasonable doubt:

• You communicated a threat, or caused one to be communicated, directly or indirectly, by any means.
• You did so willfully. That means on purpose, not by accident. Read more about criminal intent.
• The threat was that one of the listed dangerous items would be used or present at a place or location, or it was a threat to hijack an aircraft, ship, or common carrier.
• You consciously disregarded a substantial risk that the communication would be viewed as threatening violence. In April 2026, the Supreme Judicial Court held that the First Amendment requires this proof in a § 14(b) case. It is not enough that someone was frightened; the Commonwealth must prove what you were aware of.

For the § 14(c) felony, the Commonwealth must also prove that the threat caused an evacuation or serious disruption of one of the listed places, or caused serious public inconvenience or alarm.

The person who receives the threat does not have to be its target. A message about a school, sent to a friend who passes it on, can still be charged.

Penalties Under Section 14

Section 14 sets two penalty ranges, one for the threat itself and a higher one when the threat causes an evacuation, serious disruption, or serious alarm.

Because state prison is possible, both are felonies. Read more about the difference between misdemeanors and felonies. The statute lets the judge choose among state prison, a house of correction, and a fine, so the minimums in § 14(c) apply to whichever type of sentence is chosen.

Restitution is not optional. Under § 14(d), after a conviction the court “shall” hold a hearing on the costs, damages, and financial loss suffered by any person or public or private entity, and the person convicted “shall, in all cases” be ordered to pay restitution on top of any jail or fine. The court must consider your financial resources and the burden restitution will impose in setting the amount, timing, and method of payment. Read more about restitution in Massachusetts.

False Information to 911: Section 14B

Section 14B covers false 911 calls, including what is often called “swatting.” It applies to communications to a “PSAP,” which the law defines as a facility assigned to receive 911 calls and dispatch emergency services or relay calls to other public safety agencies. Based on the statute and the model jury charge for this offense, the Commonwealth must prove:

• You communicated, or caused a communication to be made, to a facility that receives or relays 911 calls.
• You did so willfully: intentionally and by design, not thoughtlessly or accidentally.
• You acted with malice, meaning out of cruelty, hostility, or revenge, not merely on purpose.
• The communication contained information you knew or had reason to know was false.
• It resulted in emergency services being sent to a nonexistent emergency or to the wrong location of a real one.

Section 14B also covers making three or more willful and malicious “silent calls” that cause emergency services to be dispatched three or more times. A silent call is one where the caller gives no identity, location, or description of the emergency. Location and number data sent automatically by the phone network does not count as information from the caller.

Penalties. A first offense carries up to 2½ years in a house of correction or a fine of up to $1,000. That is a misdemeanor. A second or later offense carries up to 2½ years in a house of correction or up to 10 years in state prison, or a fine of up to $5,000, or both, which makes it a felony. Read more about how a prior record can raise your penalties.

After any § 14B conviction, the court must hold a hearing and order restitution to the police, fire, or emergency medical providers for their costs. Unlike § 14, the court may waive or reduce restitution if paying would cause substantial financial hardship to you, your immediate family, or your dependents.

How These Charges Differ From False Report, Threats, and Hoax Device

False report of a crime under G.L. c. 269, § 13A covers intentionally and knowingly making a false report of a crime to police officers. It is a misdemeanor, with a fine of $100 to $500, up to one year in jail or a house of correction, or both.

Threats to commit a crime under G.L. c. 275, § 2 is about threatening to commit a crime against a person or property. Section 14 is about places: a threat that a dangerous item is or will be used or present at a location.

A hoax device charge under G.L. c. 266, § 102(b) is about possessing, using, or placing a fake bomb or similar item. Section 14 is about a threat communicated by words, text, or any other means. Repeated calls or messages meant to harass are a separate crime under § 14A; see my post on harassing phone calls and messages.

Which Court Hears the Case

A § 14 threat carries up to 20 years in state prison, which is beyond the District Court’s trial jurisdiction, so a § 14 case can be indicted and tried in the Superior Court. A first-offense § 14B charge is a misdemeanor that the District Court can try.

Where a Defense Comes From

• Who sent it. Phones and accounts can be shared, borrowed, or hacked, and numbers can be spoofed. Owning an account is not proof that you wrote or sent the message.
• Willfulness. A message sent or shared by accident is not willful.
• What you were aware of. A joke between friends, song lyrics, sarcasm, or a comment about the news may not show that you consciously disregarded a substantial risk that your words would be taken as a threat of violence.
• What the threat was about. Section 14 requires a threat involving one of the listed dangerous items and a place or location, or a hijacking. A vague angry statement may not fit.
• What it caused. For § 14(c), the Commonwealth must prove the threat caused an evacuation, serious disruption, or serious public inconvenience or alarm.
• Malice and knowledge under § 14B. A call made in honest fear, or with information you believed was true, is not a malicious false report. The call must also have actually led to a dispatch.
• Expression of views. Section 14 does not reach picketing, public demonstrations, or similar forms of expressing views.

Online posts and messages are often the center of these cases; see social media and criminal law.

Frequently Asked Questions

Is a bomb threat a felony in Massachusetts even if there was no bomb?

Yes. Section 14 applies “whether or not” any device or weapon was actually used or present, and it carries up to 20 years in state prison.

Is a prank 911 call a crime?

It can be. If the call was willful and malicious, gave information you knew or had reason to know was false, and led to a dispatch, it is a crime under § 14B. A first offense is a misdemeanor; a second is a felony.

Charged with a bomb threat or false 911 call? Call Attorney William J. Barabino at 781-393-5900.

Related Articles

• False Report of a Crime in Massachusetts (G.L. c. 269, § 13A): Penalties & Defenses
• Threats to Commit a Crime in Massachusetts (G.L. c. 275, § 2): Penalties & Defenses
• Hoax Device Charges in Massachusetts (G.L. c. 266, § 102(b)): Penalties & Defenses
• Harassing or Obscene Phone Calls and Messages in Massachusetts: What G.L. c. 269, § 14A Covers, What the Commonwealth Must Prove, and the Penalties
• Restitution in Massachusetts Criminal Cases | Ability to Pay & Victim Compensation

Disclaimer

This article is for general educational information about Massachusetts 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.