Massachusetts Disorderly Conduct and Trespass Laws (2026)

Massachusetts has no statute titled "disorderly conduct." The offense is being one of the "disorderly persons and disturbers of the peace" punished by General Laws chapter 272, section 53(b): a first offense carries a fine of up to $150 and no jail term, and a second or later offense up to 6 months in a jail or house of correction, a fine of up to $200, or both. The statute does not define the conduct, and in 1975 the Supreme Judicial Court held that the "idle and disorderly persons" provision of section 53 cannot be used to convict people for offensive and abusive language.

Criminal trespass is one short section, chapter 266, section 120: entering or remaining on another's property after being forbidden, directly or by posted notice, carries a fine of up to $100, up to 30 days in jail, or both. It has no degrees and no felony form. For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Massachusetts state criminal statutes on disorderly persons and disturbers of the peace (G.L. c.272 s.53), the related public-order offenses in chapters 269 and 272, and criminal trespass in chapter 266 (sections 115 to 123A), chapter 131, section 36, and the railroad trespass sections of chapter 160. It does not cover town by-laws and city ordinances, quiet hours (see Massachusetts noise laws), eviction of holdover occupants (see Massachusetts squatters' rights), use of force against an intruder (see Massachusetts self-defense laws), civil trespass lawsuits or federal property rules.

What is disorderly conduct in Massachusetts?

The General Laws contain no section titled disorderly conduct and no separate breach of the peace statute. The offense people usually mean is in chapter 272, section 53(b), which names the people it punishes rather than describing conduct:

"(b) Disorderly persons and disturbers of the peace shall, for a first offense, be punished by a fine of not more than $150. For a second or subsequent offense, disorderly persons and disturbers of the peace shall be punished by imprisonment in a jail or house of correction for not more than 6 months or by a fine of not more than $200 or by both such fine and imprisonment; provided, however, that an elementary or secondary school student shall not be adjudged a delinquent child for a violation of this subsection for such conduct within school buildings or on school grounds or in the course of school-related events." (G.L. c.272 s.53(b))

Because the statute does not list the elements, their content comes from the Supreme Judicial Court's decisions. In Commonwealth v. A Juvenile (1975), relying on Alegata v. Commonwealth, 353 Mass. 287 (1967), the court read the disorderly person provision through the Model Penal Code definition: acting "with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof," by fighting or threatening, by violent or tumultuous behavior, or by creating "a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor." Public, in that definition, means "affecting or likely to affect persons in a place to which the public or a substantial group has access."

What the Supreme Judicial Court held about speech

In Commonwealth v. A Juvenile, 368 Mass. 580 (1975), the Supreme Judicial Court considered the "idle and disorderly persons" provision of section 53 as it then stood. The court concluded:

"we hold that the idle and disorderly person provision of § 53 as it presently stands cannot be validly applied against persons for the use of offensive and abusive language. However, the provision as construed by this court in Alegata v. Commonwealth, 353 Mass. 287 (1967), and as construed in the instant case, may validly be applied to conduct which involves no lawful exercise of a First Amendment right."

The court described the conduct the provision reaches as "conduct which by its very nature involves the use of physical force or violence or any threat to use such force or violence if that threat is objectively possible of immediate execution," and said that "tumultuous behavior," which "may nevertheless be characterized as involving riotous commotion and excessively unreasonable noise so as to constitute a public nuisance," is also covered. "Conduct which creates a condition of physical menace to others is also reached," the court added, giving examples such as throwing stink bombs or strewing garbage or nails in public passageways. The decision addressed that provision; it did not decide the separate clauses of section 53(a).

The penalty and the second-offense step

A first offense under section 53(b) is punished by a fine only, up to $150. A second or subsequent offense carries up to 6 months in a jail or house of correction, a fine of up to $200, or both. Under G.L. c.274 s.1, "A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors," so section 53 offenses are misdemeanors.

Section 54 of chapter 272 provides that a person "found in a public way or other public place, committing any offence or disorder set forth in sections fifty-three and fifty-three A, may be apprehended" by a sheriff, deputy sheriff, constable or police officer "without a warrant and be kept in custody for not more than twenty-four hours, Sundays and legal holidays excepted," until brought before a court.

Section 53(a): accosting, noisy houses and other listed persons

Section 53(a) is a separate list with a higher first-offense penalty. It covers "persons who with offensive and disorderly acts or language accost or annoy another person," "keepers of noisy and disorderly houses," "lewd, wanton and lascivious persons in speech or behavior," "persons guilty of indecent exposure," and common night walkers and street walkers. Each is punishable by up to 6 months in a jail or house of correction, a fine of up to $200, or both.

Neither section 53 clause sets a decibel level or quiet hours; for those, see our Massachusetts noise laws page.

Swearing, fighting and being drunk in public

Swearing. Under Commonwealth v. A Juvenile, the disorderly person provision of section 53 cannot be applied to offensive and abusive language. Other provisions do mention language. Section 53(a) reaches people who "with offensive and disorderly acts or language accost or annoy another person." Section 43 punishes anyone who, on a railroad carriage, steamboat or other public conveyance, "is disorderly, or disturbs or annoys travelers in or upon the same by profane, obscene or indecent language, or by indecent behavior." And under section 59, a person who "in a street or other public place accosts or addresses another person with profane or obscene language, in wilful violation of an ordinance or by-law of such town, may be arrested without a warrant."

Fighting. The court in Commonwealth v. A Juvenile described the disorderly person provision as reaching conduct involving "the use of physical force or violence or any threat to use such force or violence if that threat is objectively possible of immediate execution." Assaults are charged under their own statutes; see Massachusetts assault and battery laws.

Public intoxication. Chapter 272 contains no public drunkenness offense. Massachusetts handles intoxicated people through chapter 111B, and section 8 of that chapter states: "A person assisted to a facility or held in protective custody by the police pursuant to the provisions of this section, shall not be considered to have been arrested or to have been charged with any crime."

Related public-order offenses in Massachusetts

Chapters 269 and 272 hold the other public-order offenses. Among them:

• Disturbing an assembly, c.272 s.40. Whoever "willfully interrupts or disturbs an assembly of people meeting for a lawful purpose" faces up to 1 month or a fine of up to $50. Like section 53(b), it bars adjudging an elementary or secondary student delinquent for conduct in school buildings, on school grounds or at school-related events.
• Disturbing worship, c.272 s.38. Wilfully interrupting or disturbing "an assembly of people met for worship of God" is punishable by up to one year or a fine of up to $1,000.
• Libraries, funerals and public conveyances, c.272 ss.41, 42 and 43. Wilfully disturbing people assembled in a public library (s.41), wilfully interrupting or, "by fast driving or otherwise in any way," disturbing a funeral assembly or procession (s.42), and being disorderly or annoying travelers with profane, obscene or indecent language or behavior on a public conveyance (s.43) are each punished as provided in section 40: up to 1 month or a fine of up to $50.
• Funeral picketing, c.272 s.42A. Whoever "pickets, loiters or otherwise creates a disturbance within five hundred feet of a funeral home, church or temple or other building where funeral services are being held" faces a fine of up to $1,000, up to one year in a house of correction, or both.
• Military funerals, c.272 s.42B. Whoever "willfully pickets, loiters or otherwise creates a disturbance within 500 feet" of a building or burial where military funeral services are being held faces a fine of up to $2,000, up to 2 years in a house of correction, or both.
• Unlawful assembly and refusing to disperse, c.269 ss.1 and 2. When five or more people armed with clubs or other dangerous weapons, or ten or more people whether armed or not, "are unlawfully, riotously or tumultuously assembled," the officials listed in section 1 must command them to disperse. Under section 2, a person present who refuses or neglects to obey a command to assist, or who refuses or neglects to depart when required, "shall be considered one of the rioters or persons unlawfully assembled," punishable by up to one year, a fine of $100 to $500, or both.
• False alarms and false reports, c.269 ss.13 and 13A. Making or circulating a false alarm of fire "without reasonable cause" is punishable by a fine of $100 to $500 or up to one year in a jail or house of correction (s.13). Intentionally and knowingly making a false report of a crime to police carries a fine of $100 to $500, up to one year, or both (s.13A).
• Threats of explosives or deadly devices, c.269 s.14. Willfully communicating a threat that a firearm, an explosive or incendiary device, or another device or substance capable of causing death, serious bodily injury or substantial property damage "will be used at a place or location, or is present or will be present at a place or location, whether or not the same is in fact used or present," or a threat to hijack an aircraft, ship or common carrier, is punishable by up to 20 years in state prison or 2 1/2 years in a house of correction, a fine of up to $10,000, or both (s.14(b)). If the threat causes the evacuation or serious disruption of a school, school event or school transportation, a dwelling, building, place of assembly, facility or public transport, or an aircraft, ship or common carrier, the penalty is 3 to 20 years in state prison or 6 months to 2 1/2 years in a house of correction, a fine of $1,000 to $50,000, or both (s.14(c)). The section states that it does not authorize "the criminal prosecution of picketing, public demonstrations or other similar forms of expressing views" (s.14(e)).
• False 911 calls, c.269 s.14B. Willfully and maliciously giving a 911 answering point information the person knows or has reason to know is false, resulting in a dispatch to a nonexistent emergency or the wrong location, or making 3 or more silent calls that cause 3 or more dispatches, is punishable by up to 2 1/2 years in a house of correction or a fine of up to $1,000. A second or later violation carries up to 2 1/2 years in a house of correction or up to 10 years in state prison, a fine of up to $5,000, or both.
• Begging, c.272 s.66. The section still appears in the General Laws and treats unlicensed begging in public places as vagrancy punishable by up to six months, but in Benefit v. City of Cambridge, 424 Mass. 918 (1997), the Supreme Judicial Court held: "We conclude that G. L. c. 272, § 66, violates the First Amendment because it bans constitutionally protected speech in traditional public forums."

Criminal trespass in Massachusetts

Massachusetts has one general criminal trespass statute, G.L. c.266 s.120, plus narrower sections in chapters 266, 131 and 160. There are no degrees of trespass.

Entering or remaining after being forbidden: c.266 s.120

The core of the section reads:

"Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, as defined in section 1 of chapter 90, after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon, or in violation of a court order pursuant to section thirty-four B of chapter two hundred and eight or section three or four of chapter two hundred and nine A, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days or both such fine and imprisonment."

The elements, in plain words:

• Where. A dwelling house, buildings, boats, improved or enclosed land, a wharf or pier of another, or a school bus.
• Notice. The person was forbidden "by the person who has lawful control of said premises, whether directly or by notice posted thereon," or entered in violation of the listed court orders. A direct instruction to leave or stay away from the person in lawful control is one of the two notice methods the section names.
• Enter or remain. Either entering after being forbidden or remaining after being forbidden is covered.

A person "found committing such trespass may be arrested by a sheriff, deputy sheriff, constable or police officer and kept in custody in a convenient place, not more than twenty-four hours, Sunday excepted," until a complaint can be made and a warrant issued.

Tenants and occupants are excluded

Section 120 states that it "shall not apply to tenants or occupants of residential premises who, having rightfully entered said premises at the commencement of the tenancy or occupancy, remain therein after such tenancy or occupancy has been or is alleged to have been terminated. The owner or landlord of said premises may recover possession thereof only through appropriate civil proceedings." H.1802, a 2025 bill on squatters that would have amended section 120, was not enacted. For the civil process, see Massachusetts squatters' rights.

No Trespassing signs and paint marks

Section 120 recognizes notice given "directly or by notice posted thereon," and sets no wording, size or spacing for posted notices. Wilfully tearing down, removing or defacing a notice posted on property described in section 120, "warning persons not to trespass thereon," is punishable by a fine of up to twenty-five dollars (c.266 s.122).

Massachusetts trespass law contains no paint-mark rule. Neither section 120 nor the posted-land rule for hunting in chapter 131 provides for paint marks. Under c.131 s.36, "A person shall not fish, hunt or trap on private land without permission of the owner or tenant thereof, after such owner or tenant has conspicuously posted thereon notices which bear the name of such owner or tenant and which state that fishing, hunting or trapping on such land, as the case may be, is prohibited." Section 36 sets no penalty of its own; under the chapter's general penalty, c.131 s.90(b), a violation "for which no other penalty is provided" is punishable by a fine of $200 to $500, up to 30 days, or both.

Special trespass offenses

• Firearms, c.266 s.121. Entering another's land without right "with firearms, with intent to fire or discharge them thereon," and remaining after being asked to leave by the owner, occupant or agent is punishable by a fine of up to two hundred dollars, up to two months, or both.
• Motor vehicles and powered devices, c.266 s.121A. Entering the private land of another without right, "whether or not such land be posted against trespass," while using or controlling a vehicle, machine or device with an internal combustion engine or other mechanical power is punishable by a fine of up to $500. The section does not apply at the junction of a public way with a paved private roadway unless the roadway is distinguished by a sign, gatepost, street number, occupant's name or similar feature, or entry has been forbidden.
• State land and public institutions, c.266 s.123. Willfully trespassing on land or premises of the commonwealth, public higher-education authorities, correctional institutions, Tewksbury hospital, state veterans' homes, public institutions for mentally ill and developmentally disabled persons, training schools and state charitable institutions, or county land appurtenant to a jail, house of correction or courthouse, or remaining after notice from an officer of the institution to leave, is punishable by a fine of up to fifty dollars or up to three months.
• Public water supply, c.266 s.123A. Willfully trespassing on a public source of water or water supply facility or land after being forbidden, directly or by posted notice, is punishable by a fine of $250 to $1,000 (s.123A(a)). With intent to corrupt, pollute or defile the water, the penalty is a fine of $1,000 to $5,000, up to 2 years in a house of correction or up to 5 years in state prison, or both; a second or later violation of subsection (b) carries a fine of $1,000 to $10,000, 5 to 10 years in state prison, or both (s.123A(b)).
• Medical facilities, c.266 s.120E. Knowingly obstructing entry to or departure from a medical facility, or entering or remaining in one so as to impede medical services, "after notice to refrain from such obstruction or interference," is punishable on a first offense by a fine of up to one thousand dollars, up to six months, or both, and on each later violation by a fine of $500 to $5,000, up to two and one-half years, or both.
• Reproductive health care facilities, c.266 s.120E1/2. During business hours, a law enforcement official may order people who have that day substantially impeded access to or departure from a facility's entrance or driveway to withdraw at least 25 feet for 8 hours or until closing, whichever is earlier, but only if the 25-foot boundary is clearly marked and the section is posted outside; failing to comply is punishable by a fine of up to $500, up to 3 months, or both for a first offense, and a fine of $500 to $5,000, up to 2 1/2 years, or both for a later one. Intentionally injuring or intimidating, or attempting to, a person accessing or leaving the facility by force, physical act or threat of force carries a fine of up to $2,000, up to 1 year, or both for a first offense, and for a later offense a fine of $10,000 to $50,000, up to 2 1/2 years in a jail or house of correction or up to 5 years in state prison, or both. Impeding access or departure with intent to interfere with providing or obtaining services carries a fine of up to $1,000, up to 6 months, or both for a first offense, and a fine of $5,000 to $25,000, up to 2 1/2 years in a jail or house of correction or up to 5 years in state prison, or both for a later one. Knowingly impeding a person or vehicle, or recklessly interfering with a vehicle, at the facility carries up to $500, up to 3 months, or both for a first offense.
• Orchards and gardens, c.266 ss.115 and 117. Wilfully and without right entering an orchard, garden or other improved land with intent to cut, take, destroy or injure growing trees, grain, grass, hay, fruit or vegetables is punishable by up to six months or a fine of up to five hundred dollars, with minimums of five days or five dollars if committed on Sunday, in disguise or secretly at night (s.117). Wilfully and maliciously entering an orchard, nursery, garden or cranberry meadow and taking, mutilating or destroying plants or taking fruit or flowers carries a fine of up to $500 or up to six months (s.115).
• Railroad property, c.160 ss.218 and 220. Knowingly and without right being present, standing, walking or riding a bicycle or other vehicle on the right-of-way, a bridge or other property of a railroad corporation, except at a highway or other authorized grade crossing and except on abandoned rights-of-way or those converted to bicycle or walking paths, is punishable by a $100 fine or 50 hours of community service (s.218). Riding or attempting to ride on a locomotive, freight car, passenger train or MBTA commuter rail train without right, other than as a fare-paying passenger or employee, is punishable by a fine of up to $500 or up to six months (s.220).

Is trespassing a felony in Massachusetts?

Section 120 is a misdemeanor; its maximum is 30 days and $100. Under c.274 s.1, a crime is a felony only if it is punishable by death or state prison. Among the trespass sections, state prison applies to section 123A(b), trespass on a public water supply with intent to corrupt, pollute or defile it, and to second or later offenses under section 120E1/2(d) and (e), intimidating or impeding people at a reproductive health care facility. Entering with intent to commit a felony moves into burglary and breaking and entering in chapter 266, sections 14 to 18: for example, breaking and entering a dwelling house at night with the intent to commit a felony, unarmed, is punishable by up to twenty years in state prison (s.15). For force against an intruder, see Massachusetts self-defense laws.

Massachusetts disorderly conduct and trespass offense table

Massachusetts does not group crimes into numbered classes. Each section states its own penalty, and G.L. c.274 s.1 draws the line: a crime punishable by death or state prison is a felony, and all others are misdemeanors. G.L. c.279 s.23 adds that "No sentence of a male convict to imprisonment or confinement for more than two and one half years shall be executed in any jail or house of correction." For the full picture, see Massachusetts felony and misdemeanor penalties.

Federal law separately governs conduct on federal property and at the U.S. Capitol; our disorderly conduct and trespass laws by state hub covers that layer.

Recent changes

• 2018, chapter 69, sections 159 and 160 rewrote c.272 s.40 and s.53(b) into their current text: a first offense as a disorderly person or disturber of the peace is a fine of up to $150, with jail exposure only for a second or later offense, and both sections carry the bar on adjudging elementary or secondary students delinquent for conduct in school buildings, on school grounds or at school-related events.
• H.1802 (2025), a bill on squatters that would have amended c.266 s.120, was not enacted.

Related Massachusetts and state-by-state guides

• Disorderly conduct and trespass laws by state
• Massachusetts noise laws
• Massachusetts felony and misdemeanor penalties
• Massachusetts squatters' rights
• Massachusetts self-defense laws
• Massachusetts assault and battery laws
• How to charge someone with trespassing

This article provides general legal information about Massachusetts statutes on disorderly persons, public order and criminal trespass as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Massachusetts.

Last updated: 2026-10-18.

Frequently Asked Questions

Is disorderly conduct a misdemeanor in Massachusetts?

Yes. Being a disorderly person or disturber of the peace under G.L. c.272 s.53(b) is a misdemeanor. A first offense is punished by a fine of up to $150 only; a second or later offense carries up to 6 months in a jail or house of correction, a fine of up to $200, or both.

Can you be charged with disorderly conduct for swearing in Massachusetts?

In Commonwealth v. A Juvenile (1975), the Supreme Judicial Court held that the idle and disorderly person provision of section 53 cannot be validly applied to the use of offensive and abusive language. Other provisions mention language, such as section 53(a) on accosting or annoying another with offensive and disorderly acts or language and section 43 on profane language toward travelers on public conveyances.

Is public intoxication a crime in Massachusetts?

Chapter 272 contains no public drunkenness offense. Under G.L. c.111B s.8, a person assisted to a facility or held in protective custody by the police is not considered to have been arrested or charged with any crime.

Is trespassing a felony in Massachusetts?

Trespass under c.266 s.120 is a misdemeanor with a maximum of a $100 fine and 30 days. State prison applies to c.266 s.123A(b), trespass on a public water supply with intent to corrupt, pollute or defile it, and to second or later offenses of intimidating or impeding people at a reproductive health care facility under c.266 s.120E1/2(d) and (e). Entering with intent to commit a felony falls under the burglary and breaking and entering sections, c.266 ss.14 to 18.

What happens if a store tells you to leave in Massachusetts?

Under c.266 s.120, entering or remaining on another's buildings or improved or enclosed land after being forbidden by the person who has lawful control of the premises, directly or by posted notice, is trespass. It carries a fine of up to $100, up to 30 days, or both.

Does Massachusetts have a purple paint law?

No paint-mark rule appears in the trespass statute, c.266 s.120, or in the hunting posting rule, c.131 s.36. Section 120 relies on direct notice or notice posted on the property, and section 36 requires conspicuously posted notices bearing the owner's or tenant's name.

Can a landlord have a tenant arrested for trespass in Massachusetts?

Section 120 states that it does not apply to residential tenants or occupants who rightfully entered at the start of the tenancy or occupancy and remain after it has been or is alleged to have been terminated. The owner or landlord may recover possession only through appropriate civil proceedings.

Is it illegal to picket a funeral in Massachusetts?

Picketing, loitering or otherwise creating a disturbance within 500 feet of a building where funeral services are being held is punishable by a fine of up to $1,000, up to one year, or both (c.272 s.42A). For military funerals, section 42B sets a fine of up to $2,000, up to 2 years, or both.