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ALM GL ch. 266, § 126A
Page 2
The 2010 amendment, effective July 1, 2010, added "and provided, however, that if the property marked, injured,
marred, defaced or destroyed is a war or veterans' memorial, monument or gravestone, the fine under this section shall
be doubled and the person convicted shall be ordered to perform not less than 500 hours of court-approved community
service" at the end of the first sentence of the first paragraph. Section 202 provides:
Section 202. Except as otherwise specified, this act shall take effect on July 1, 2010.
Treatise References
CR Model Jur Instructions for use in the Dis Cts - Mass. Instruction 8.260, Wanton Destruction of Property.
LexisNexis 50 State Surveys, Legislation & Regulations
Precious Metal & Gem Dealing
CASE NOTES
The intent required for wanton defacement of property under ALM GL c 266, § 126A, is general intent.
Commonwealth v. McDowell (2004) 62 Mass App 15, 814 NE2d 1139, 2004 Mass App LEXIS 1049, review denied
(2004) 442 Mass 1113, 818 NE2d 1067, 2004 Mass LEXIS 785.
In order to convict defendant of defacing personal property, the Commonwealth was required to prove that
defendant's conduct was willful and malicious, or wanton conduct, and that defendant possessed general intent. Insofar
as the stipulated evidence permitted the inference that defendant intended to drive the car, based on his replacement of
the car's battery, heedless of the consequences, it was enough to establish beyond a reasonable doubt the requisite
general intent and defendant's intoxicated state was irrelevant to his ability to form general intent. Commonwealth v.
McDowell (2004) 62 Mass App 15, 814 NE2d 1139, 2004 Mass App LEXIS 1049, review denied (2004) 442 Mass 1113,
818 NE2d 1067, 2004 Mass LEXIS 785.
HIERARCHY NOTES:
Pt. IV, Tit. I, Ch. 266 Note