Burglary and Criminal Trespass in Massachusetts

Massachusetts protects people and their property from uninvited intruders with laws prohibiting burglary, criminal trespass, and related laws.

How Is Burglary Defined in Massachusetts?

Massachusetts law retains its common law definition of burglary, defining it as breaking and entering into a dwelling at night with the intent to commit a felony inside.

Defining Breaking and Entering

Massachusetts law defines a breaking very broadly. It includes any action that violates the common security of a dwelling or building, such as physically opening a closed door, pushing up a partly raised window, or smashing a storm window. The action can also be a constructive breaking, meaning the intruder gains access in a manner other than physical force. Examples of this involve using trickery or fraud (say pretending to be a police officer to enter a home). Some statutes do not require the breaking element if the unauthorized entry happens at night and the offender has the intent to commit a felony.

Entering requires that someone or something actually enter into the structure after the breaking without permission to do so. It's not necessary that the intruder's entire body enter the premises; rather, merely the entry of a hand or foot qualifies. If the burglar uses an implement or tool to gain access into the structure, that too meets the statutory definition of entry. An example would be when the defendant used a long pole with a hook on the end to pull items across the living room floor and out the window.

Defining Dwelling and Nighttime

A dwelling means any place where people live or a structure used as a place for sleeping, including any outbuildings near and used in connection with the main residence. Examples of a dwelling could be a house, apartment, motel room, tent, garage, or barn.

Nighttime spans the time between one hour after sunset on one day and one hour before sunrise on the next day.

Proving Intent to Commit a Felony

The last element of burglary concerns the defendant's state of mind at the time of the unauthorized entry. To be convicted of burglary, most offenses require that the defendant must have decided to commit a felony and then entered the structure for that purpose. Notice that the intended crime doesn't have to be successful or completed for burglary to be committed.

Other Burglary and Breaking-and-Entering Crimes

Over time, Massachusetts lawmakers added burglary statutes to the law, expanding the common law crime to protect additional structures, including buildings, ships, vessels, vehicles, and railroad cars. In addition to extending the protection beyond dwellings, the law now penalizes crimes occurring during the day (not just nighttime) and when the intended crime is a misdemeanor (not just a felony).

(Mass. Gen. Laws ch. 266, §§ 14 to 20; ch. 278, § 10 (2024).)

Is Burglary a Felony in Massachusetts?

Most burglary offenses carry felony sentences in Massachusetts. Penalties for burglary in Massachusetts vary according to the circumstances of the crime, including time of day, whether someone was present or injured, the type of building involved, and whether the offender was armed. The penalties increase for second and subsequent convictions.

What Are Penalties for Breaking and Entering at Night in Massachusetts?

Massachusetts reserves some of the harshest penalties for burglary when it occurs at night and the intended crime was a felony.

Dwelling. An offender who enters a home where someone is present can be looking at 10 years to life in prison if the offender is armed with a dangerous weapon or commits assault. Being armed with a firearm increases the minimum prison sentence from 10 to 15 years. An unarmed burglar faces a maximum 20-year prison sentence.

Other buildings and vessels. Similar to dwellings, burglary of buildings, ships, motor vehicles, and vessels can carry harsher penalties when the crime occurs at night. The maximum penalties range from a 2½-year jail sentence to 20 years in prison. Minimum penalties apply when the offender is armed with a firearm and someone is present.

(Mass. Gen. Laws ch. 266, §§ 14, 15, 16 (2024).)

What Are the Penalties for a Daytime Breaking and Entering in Massachusetts?

For daytime burglaries involving intent to commit a felony, the laws don't distinguish between those involving dwellings versus other buildings, ships, vehicles, and vessels. The same penalties generally apply.

When a burglary occurs during the day and someone is present, the offense carries a maximum 10-year prison sentence. If no one is present, the judge may impose the same prison sentence or a 2-year jail sentence. For an armed daytime burglary, the judge must sentence the defendant to a minimum of 7 years in prison or 2 years in jail.

(Mass. Gen. Laws ch. 266, §§ 17, 18 (2024).)

What Are the Penalties for Other Burglary Crimes in Massachusetts?

Below are some burglary-related crimes punishable as felonies or misdemeanors in Massachusetts.

Home Invasions

Massachusetts' home invasion crime isn't a true burglary offense but it's closely related. Home invasion involves:

• entering a dwelling while armed and knowing someone is present inside, and
• using or threatening the use of force on an occupant.

A conviction carries 20 years to life in prison.

Entering a Dwelling Using False Pretense

An offender who uses false pretenses to enter a dwelling with intent to commit a felony can face up to 10 years in prison or 2 years in jail. This crime also occurs when the offender commits larceny (even without intent to commit a felony).

Breaking and Entering With Intent to Commit a Misdemeanor

If an offender breaks and enters any building or vessel with the intent of committing a misdemeanor (rather than a felony), Massachusetts still considers it a crime but the penalty is much lower. A convicted defendant faces a 6-month jail sentence and a $200 fine. This crime applies regardless of the type of property involved or time that it occurred.

Possession of Burglar's Tools

Making or possessing burglar tools with the intent to use them as such carries penalties of up to 10 years in prison or a $1,000 fine and 2½ years in jail. This crime includes having instruments for prying open doors and vaults or otherwise gaining entry or stealing from the property once inside.

(Mass. Gen. Laws ch. 265, § 18C; ch. 266, §§ 16A, 18A, 49 (2024).)

What Is Criminal Trespass in Massachusetts?

A person commits criminal trespass by entering in, or remaining on, the private property of another after having been told not to do so by the rightful possessor of the property.

Trespass vs. burglary. Criminal trespass protects more property than burglary statutes do. The criminal trespass law applies to dwellings and buildings and extends to other private property, including boats, school buses, and improved or enclosed land, wharf, or pier. Unlike burglary, criminal trespass doesn't require intent to commit a crime once inside the structure or on the property. And the penalties don't vary depending on the time of day at which the trespass occurred.

Knowing entry. As defined, trespass requires "knowing" entry, which means that the defendant must have notice that the property was private. This element may be satisfied in several ways, including personal notification by the property owner (or another authorized person, like a manager or security guard), or conspicuously posted signs (such as "No Entry," "Private Property," or "No Trespassing").

Penalties for trespassing include up to 30 days in jail, a fine of up to $100, or both.

(Mass. Gen. Laws ch. 266, § 120 (2024).)

Talk to a Lawyer

If you've been charged with burglary, criminal trespass, or a related crime, or if you have questions about state laws, consult an experienced local criminal defense attorney. A knowledgeable attorney can review the unique facts of your situation and advise you on how the law will apply to your case. Ask for a public defender if you can't afford an attorney.