Breach of DCF Contract, Resulting in Death
Chapter	119
Section	39
WMS Code	119/39/B
WMS Offense	CHILD UNDER 10, ABANDON, WITH DEATH c119 §39
Elements	On [DATE OF OFFENSE:]: (1) did abandon an infant under the age of ten, such infant having died by reason of such abandonment; or (2) being its parent, or being under a legal duty to care for it, and having made a contract for its board or maintenance, did abscond or fail to perform such contract, and for four weeks after such absconding or breach of his or her contract, being of sufficient physical and mental ability, did neglect to visit or remove such infant or notify the Department of Children and Families of his or her inability to support such infant, such infant having died by reason of such abandonment.
Penalty	5 Years
	...shall be punished by imprisonment in a jail or house of correction for not more than two years; or, if the infant dies by reason of such abandonment, by imprisonment in a jail or house of correction for not more than two and one half years or in the state prison for not more than five years.
Right of Arrest	Felony Offense: A sworn police officer of the Commonwealth of Massachusetts with probable cause, may effect an arrest without a warrant for a felony committed in a police officer's presence or upon probable cause to believe that a felony has been committed. (Commonwealth v. Phelps, 209 Mass. 398 (1911))
Notes
Second/Subsequent
Third Offense
Fourth Offense
Attempt to Commit	274/6/A	5 Years
Conspiracy to Commit	274/7	5 Years
Accessory Before	274/2	5 Years
Accessory After	274/4	7 Years
Effective Date	7/8/2008