Section 39. Whoever knowingly makes a false written statement on a form bearing notice that false statements made therein are punishable under the penalty of perjury, to a police officer, police department or the registry of motor vehicles alleging the theft or conversion of a motor vehicle, shall be punished by imprisonment for a first offense not less than five months, nor more than two years, or a fine of not less than two hundred and fifty dollars and not more than two thousand five hundred dollars, or both. A person found guilty of violating this section for a second or subsequent offense shall be punished by imprisonment not less than one, nor more than five years, or a fine of not less than five hundred dollars and not more than five thousand dollars, or both.
The sentence imposed upon a person convicted of violating this section for a second or subsequent offense shall not be reduced to less than one year.
A person convicted of a second or subsequent offense of violating the provisions of this section shall not be eligible for probation, parole, furlough or work release; provided, however that the commissioner of correction may, on the recommendation of warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institutions. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.
Structure Massachusetts General Laws
Part IV - Crimes, Punishments and Proceedings in Criminal Cases
Title I - Crimes and Punishments
Chapter 268 - Crimes Against Public Justice
Section 2 - Subornation of Perjury
Section 3 - Attempt to Procure Another to Commit Perjury
Section 5 - Presumption of Perjury; Papers, Books and Documents Detained for Prosecution
Section 6a - False Written Reports by Public Officers or Employees
Section 6b - Process Servers; False Statements; Penalty
Section 8b - Compulsion or Coercion to Refuse Appointment or Promotion
Section 9a - Public Officers or Employees; Solicitations Regarding Testimonial Dinners
Section 13a - Picketing Court, Judge, Juror, Witness or Court Officer
Section 13c - Disruption of Court Proceedings
Section 13e - Tampering With Record, Document or Other Object for Use in an Official Proceeding
Section 14 - Receipt of Gift by Juror, Arbitrator, Umpire, Referee, Master or Auditor
Section 14a - Juror Discharged From Employment
Section 14b - Witnesses in Criminal Actions; Discharge, Etc. From Employment
Section 15 - Aiding Escape From a Correctional Institution or Jail; Rescue
Section 15a - Escapes From Jail
Section 16 - Escape or Attempt to Escape, or Failure to Return From Temporary Release or Furlough
Section 17 - Aiding Escape From Officer or Person Having Custody
Section 18 - Jailer or Officer Suffering Prisoner to Escape
Section 19 - Suffering or Consenting to an Escape From a Penal Institution
Section 20 - Negligently Suffering Prisoner to Escape; Refusal to Receive Prisoner
Section 21 - Suffering Convict to Be at Large, Visited, Relieved or Comforted
Section 22 - Delay of Service of Warrants
Section 23 - Refusal or Delay to Execute Process Resulting in Escape
Section 24 - Neglect or Refusal to Assist Officer or Watchman
Section 25 - Refusal or Neglect to Obey Order of Justice of the Peace to Apprehend Offender
Section 26 - Delivering Alcoholic Beverages to Prisoners; Possession
Section 27 - Delivering Alcoholic Beverages to Patients of Public Institutions; Possession
Section 31 - Delivery or Receipt of Articles to or From Inmates
Section 32a - Interference With Fire Fighting Operations
Section 32b - Resisting Arrest
Section 33 - Falsely Assuming to Be Justice of the Peace or Other Officers
Section 33a - Engaging in Lead Paint Inspection Without a License
Section 34 - Disguises to Obstruct Execution of Law, Performance of Duties, or Exercise of Rights
Section 35 - Unauthorized Use of Town Seal; Making or Possessing Badge of Town Officer
Section 36 - Compounding or Concealing Felonies
Section 39 - Perjury; Statements Alleging Motor Vehicle Theft; Penalty; Subsequent Offenses