NCSL Logo 2018 Online Democracy Award Winner
Skip to Content
The 191st General Court of the Commonwealth of Massachusetts

Section 30B: Unlawful distribution, possession, or deactivation or removal of theft detection shielding device; unlawful distribution or possession of theft detection device deactivator or remover; penalty

Section 30B. (a) A person shall be guilty of unlawful distribution of a theft detection shielding device if the person knowingly manufactures, sells, offers for sale or distributes a laminated or coated bag or other device intended to shield merchandise from detection by an electronic or magnetic theft detector.

(b) A person shall be guilty of unlawful possession of a theft detection shielding device if the person, with the intent to commit, aid or abet a theft, knowingly possesses a laminated or coated bag or device intended to shield merchandise from detection by an electronic or magnetic theft detector.

(c) A person shall be guilty of unlawful possession of a theft detection device deactivator or remover if the person knowingly possesses any tool or device designed or adapted to either: (i) allow the deactivation of a theft detection device, with the intent to use such tool or device to deactivate a theft detection device on merchandise without the permission of the merchant or person owning or lawfully holding said merchandise; or (ii) allow the removal of a theft detection device from merchandise, with the intent to use such tool or device to remove a theft detection device from merchandise without the permission of the merchant or person owning or lawfully holding said merchandise.

(d) A person shall be guilty of unlawful distribution of a theft detection device deactivator or remover if the person knowingly manufacturers, sells, offers for sale or distributes a tool or device designed or adapted to allow the deactivation of a theft detection device or to allow the removal of a theft detection device from merchandise, without the permission of the merchant or person owning or lawfully holding said merchandise.

(e) A person shall be guilty of unlawful deactivation or removal of a theft detection device if the person intentionally deactivates or removes a theft detection device from merchandise prior to purchase, in a retail establishment, with the intent to steal said merchandise.

(f) A violation of this section shall be punished by imprisonment in a house of correction for not more than 21/2 years or by imprisonment in the state prison for not more than 5 years or by a fine of not more than $25,000, or by both such fine and imprisonment.