Fact Sheet & Highlights: An Act Relative to Archaic Laws S.1034
July 24, 2025An Act relative to archaic laws seeks to bring Massachusetts law into the 21st century by repealing outdated criminal offenses that are at odds with constitutionally protected freedoms and liberties. The legislation also removes outdated terms from other criminal statutes to focus on their underlying intent of protecting public safety.
Should this bill be signed into law, a new permanent commission of legal experts would periodically review laws and judicial decisions to ensure state law remains as up-to-date as possible.
What the Bill Does
Repeals Outdated Laws. Repeals a narrow set of statutes that trace their roots back to the colonial era, before Massachusetts emerged as a leader in personal freedoms and civil liberties. This includes the repeal of centuries-old laws that impose jail or prison sentences for outdated crimes such as blasphemy and sodomy.
Updates Irrelevant Language. Updates language in select laws to focus on a modern accepted purpose. Vague and offensive language around ‘unnatural’ sex acts between consenting adults is rewritten to instead focus on prohibiting lewd acts where there is intent of public exposure.
Creates Permanent Commission of Experts. A panel of experts—including bipartisan appointees from the Legislature, the executive branch, prosecutors, and public defenders—would search for any defects or anachronisms in state laws, aided by suggestions from the Judiciary and other officials. The commission would report proposed fixes to the Legislature at the close of every term.