G.L. c. 266 § 127

• A person is guilty of willful and malicious destruction of property if the Commonwealth can prove four elements, beyond a reasonable doubt:
  • (1) That the defendant injured or destroyed the personal property, dwelling house, or building of another;
  • (2) That the defendant did so willfully; and
  • (3) That the defendant did so with malice; and
  • (4) That the amount of damage inflicted to the property was more than $250
    • *The fourth element only applies if the property alleged is valued greater than $250, otherwise the Commonwealth is not required to satisfy the fourth element*
• Practice Notes
  • An act is considered willful if it is done intentionally and by design, in contrast to an act, which is done thoughtlessly or accidentally. A person acts willfully if he or she intends both the conduct and its harmful consequences
  • An act is done with malice if it is done out of cruelty, hostility or revenge. To act with malice, one must act not only deliberately, but out of cruelty, hostility or revenge toward another