What is enticing a child under 16? The Child Enticement Statute, M.G.L. c. 265, § 26C, establishes that it is a crime to entice (attract or tempt) a child under 16 with the intent of committing a crime. Possible crimes could include rape, assault, o…
Does a jury see everything? The short answer is no. Often times courts sanitize or redact evidence. Normally, the attorney and the district attorney will discuss and either agree to the limit what the jury can see and not see. And if the parties can&…
What is homicide by a motor vehicle? Homicide using a motor vehicle can be a felony under Massachusetts General Laws Chapter 90, Section 24G(a). A person who is under the influence or drugs and alcohol and is driving a motor vehicle recklessly or neg…
This post will discuss three topics in criminal business law: (1.) Corporate Criminal Responsibility; (2.) Burning Insured Property; and (3.) Burning Personal Property. Can I sue a business just like I can sue another person? No, not quite. A corpora…
What is transferred intent? One of the elements of most crimes that the Commonwealth must to prove is “intent”. There is a related legal principle called “transferred intent.” This applies when a person intends to harm one person but instead…
What can I do with a license? It is the burden of the Commonwealth to prove beyond a reasonable doubt that you did not have license or authority to do something when you are charged with a crime. However, under G.L. c. 278 § 7 a person relying on a…
Tags: Assault and Battery, Burden of Proof, Dismissal, Felony, Intent, License, License or Authority, Magistrate, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent
Massachusetts law makes it a crime to accept money, a gratuity, a reward, or a promise of any of those things in exchange for agreeing to conceal a felony, not to prosecute it, or not to give evidence about it...
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Under G.L. c. 268, §34A it is illegal to deliberately give false information to a police officer after being arrested. False information could include a false name, date of birth, home address, or phone number. Is it illegal to give a fake name to a…
Is it illegal to falsely report a crime? Massachusetts General Laws Chapter 269, Section 13A punishes people who falsely report a crime. To be convicted of this offense, the person reporting the crime must have acted deliberately and not made a mista…
What does the government have to show to prove that the defendant illegally transferred sound recordings? In order to prove a defendant guilty of the offense of unauthorized transfer of sound recordings, the Commonwealth must prove the following four…
