RBMS Security Committee: State Laws: Massachusetts
The RBMS Security Committee attempts to maintain a current list of statutes from each of the fifty states pertaining to library thefts or other criminal acts involving library and archival materials (view index). Following are the relevant laws for the state of Massachusetts:
Massachusetts General Laws Chapter 233. Witnesses and Evidence. Chapter 233: Section 79D. Photographic copies of newspaper in library; prints from photographic films.
Section 79D. Copies of any newspaper, or part thereof made by the photographic or microphotographic process deposited in any public library or a library of any college or university located in the commonwealth, shall, when duly certified by the person in charge thereof, be admitted in evidence equally with the originals.
A print, whether enlarged or not, from any photographic film, including any photographic plate, microphotographic film, photostatic negative or reproduction of any original record, document, instrument, plan, book or paper destroyed, lost or for any reason unavailable after such film was taken, shall be admissible in evidence in all instances that the original record, document, instrument, plan, book or paper might have been admitted in evidence, and shall have the full force and effect of said original if it is proved that (a) such reproduction was made in the regular course of any business and that it was the regular course of any such business to make such reproductions; (b) said photographic film, microphotographic, photostatic or similar reproduction was taken in order to keep a permanent record of the original; and (c) the said original was subsequently destroyed, lost or is unavailable.
Massachusetts General Laws Chapter 266. CRIMES AGAINST PROPERTY. Chapter 266: Section 99. Libraries; Definitions.
Section 99. As used in sections ninety-nine A and one hundred, the following words shall have the following meanings:
"Library materials and property", any book, plate, picture, portrait, photograph, broadside, engraving, painting, drawing, map, specimen, print, lithograph, chart, musical score, catalog card, catalog record, statue, coin, medal, computer software, film, periodical, newspaper, magazine, pamphlet, document, manuscript, letter, archival material, public record, microform, sound recording, audio-visual material in any format, magnetic or other tape, tape recorder, film projector or other machinery or equipment, electronic data-processing record, artifact or other documentary written or printed material regardless of the physical form or characteristics which is a constituent element of a library's collection or any part thereof, belonging to, on loan to or otherwise in the custody of any library. Library materials and property shall also include the walls, wainscotting or any part of the library, or any other building or room used for library business or the appurtenances thereof, including furnishings.
"Library premises", the interior of the building, structure or other enclosure in which a library is located, bookmobiles and kiosks, the exterior appurtenances to such building, structure or enclosure is located.
Massachusetts General Laws Chapter 266. CRIMES AGAINST PROPERTY. Chapter 266: Section 99A. Libraries; Theft of Materials or Property; Destruction of Records.
Section 99A. Whoever willfully conceals on his person or among his belongings any library materials or property and removes said library materials or property, if the value of the property stolen exceeds two hundred and fifty dollars, shall be punished by imprisonment in the state prison for not more than five years, or by a fine of not less than one thousand nor more than twenty-five thousand dollars, or both; or, if the value of the property stolen does not exceed two hundred and fifty dollars, shall be punished by imprisonment in jail for not more than one year or by a fine of not less than one hundred nor more than one thousand dollars, or both, and ordered to pay the replacement value of such library materials or property, including all reasonable processing costs, as determined by the governing board of said library.
Any person who has properly charged out any library materials or property, and who, upon neglect to return the same within the time required and specified in the by-laws, rules or regulations of the library owning the property, after receiving notice from the librarian or other proper custodian of the property that the same is overdue, shall willfully fail to return the same within thirty days from the date of such notice shall pay a fine of not less than one hundred nor more than five hundred dollars and shall pay the replacement value of such library materials or property, including all reasonable processing costs, as determined by said governing board. Each piece of library property shall be considered a separate offense.
The giving of a false identification or fictitious name, address or place of employment with the intent to deceive, or borrowing or attempting to borrow any library material or property by: the use of a library card issued to another without the other's consent; the use of a library card knowing that it is revoked, canceled or expired; or, the use of a library card knowing that it is falsely made, counterfeit or materially altered shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars.
The willful alteration or destruction of library ownership records, electronic or catalog records retained apart from or applied directly to the library materials or property shall be punished by imprisonment in the state prison for not more than five years or by a fine of not less than one thousand nor more than twenty-five thousand dollars, or both, and shall pay the replacement value of such library materials or property, including all reasonable processing costs, as determined by the governing board having jurisdiction.
Massachusetts General Laws Chapter 266. CRIMES AGAINST PROPERTY. Chapter 266: Section 100. Libraries; mutilation or destruction of materials or property.
Section 100. Whoever willfully, maliciously or wantonly writes upon, injures, defaces, tears, cuts, mutilates or destroys any library material or property, shall make restitution in full replacement value of the library materials or property, and, in addition, shall be punished by imprisonment in a house of correction for not more than two years or by a fine of not less than one hundred nor more than one thousand dollars, or both.
A law enforcement officer may arrest without warrant any person he has probable cause to believe has violated the provisions of section ninety-nine A and this section. The statement of an employee or agent of the library, eighteen years of age or older, that a person has violated the provisions of said section ninety-nine A and this section shall constitute probable cause for arrest by a law enforcement officer authorized to make an arrest in such jurisdiction. The activation of an electronic anti-theft device shall constitute probable cause for believing that a person has violated the provisions of this section.
A library shall prepare posters to be displayed therein in a conspicuous place. Said posters shall contain a summary and explanation of said section ninety-nine A and this section.
See Massachusetts statutes online at: http://www.malegislature.gov/Laws/GeneralLaws/Search.
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