MA Statewide Police Sergeant Promotional Exam

Under MGL Chapter 265, §1, murder in the first degree in Massachusetts requires which mental state element in addition to the unlawful killing of a human being?

• AMere negligence
• BDeliberately premeditated malice aforethought, extreme atrocity or cruelty, or felony-mur…
• CReckless conduct only
• DHeat of passion provoked by adequate provocation

MGL c.265, §13A criminalizes assault and assault and battery. What is the key distinction between simple assault and assault and battery in Massachusetts?

• AAssault requires a weapon; battery does not
• BAssault is an attempted or threatened harmful or offensive touching; battery is the actua…
• CBattery is always a felony; assault is always a misdemeanor
• DThere is no legal distinction in Massachusetts

Under MGL c.265, §13M, strangulation or suffocation requires the Commonwealth to prove the defendant did which of the following?

• ACaused permanent disfigurement
• BIntentionally interfered with the normal breathing or circulation of blood of another by…
• CUsed a firearm
• DCaused death

In Massachusetts, under MGL c.265, §15A, the offense of assault and battery by means of a dangerous weapon (ABDW) requires proof that:

• AThe victim suffered permanent injury
• BThe defendant touched the victim, however slightly, and the touching was accomplished by…
• CThe dangerous weapon was a firearm
• DThe defendant intended to kill the victim

Under MGL c.265, §13D, assault and battery on a police officer requires which additional element beyond simple assault and battery?

• AThe victim must have been on duty and the defendant must have known the victim was a poli…
• BThe officer must be in uniform
• CThe officer must have been injured
• DThe defendant must have used a weapon

MGL c.266, §30 (larceny) requires the Commonwealth to prove all of the following EXCEPT:

• AUnlawful taking and carrying away
• BProperty of another
• CIntent to permanently deprive
• DUse of force or fear

Under MGL c.265, §19, the offense of unarmed robbery requires the Commonwealth to prove the defendant took property from the person of another by:

• AStealth alone
• BForce and violence, or assault and putting in fear
• CBreaking and entering
• DFraud or false pretenses

Under MGL c.266, §16, burglary in Massachusetts requires proof of which combination of elements at common law (as codified)?

• ABreaking and entering a dwelling house of another in the nighttime with intent to commit…
• BEntering any building during the day with intent to steal
• CBreaking glass on any structure
• DEntering a vehicle without permission

Under MGL c.266, §1, the offense of arson against a dwelling house requires the defendant to have:

• ANegligently allowed a fire to spread
• BWillfully and maliciously set fire to, burned, or caused to be burned a dwelling house
• CStarted any fire on a public way
• DFailed to extinguish a campfire

MGL c.265, §22 defines rape in Massachusetts. The statute requires sexual intercourse or unnatural sexual intercourse compelled by which means?

• AForce and against the will of the victim, or by threat of bodily injury
• BVerbal persuasion alone
• CPromise of future marriage
• DRefusal to provide transportation

Under MGL c.269, §10(a), unlawful possession of a firearm requires the Commonwealth to prove the defendant:

• APossessed a firearm outside of his or her residence or place of business without a valid…
• BOwned ammunition
• CWas a convicted felon only
• DCarried a knife

Under MGL c.269, §10(n), the carrying of a loaded firearm without a license carries what consequence beyond §10(a)?

• ANo additional penalty
• BAn additional mandatory minimum sentence to be served consecutively
• CReduction to a misdemeanor
• DAutomatic dismissal

Under MGL c.94C, §32 (Class A controlled substance distribution), the Commonwealth must prove the defendant:

• AUsed a Class A substance personally
• BKnowingly or intentionally manufactured, distributed, or dispensed, or possessed with int…
• CWas found near a Class A substance
• DSold any prescription medication

Under MGL c.94C, §32E (trafficking in Class A controlled substances), the trafficking threshold for heroin is triggered at:

• A1 gram or more
• BNet weight of 18 grams or more
• C100 grams
• D1 kilogram

MGL c.265, §43 (stalking) requires proof of a pattern of conduct or series of acts over a period of time directed at a specific person which:

• ACauses mild annoyance
• BSeriously alarms or annoys that person and would cause a reasonable person to suffer subs…
• CIs fully consensual
• DOccurs entirely online

Under MGL c.209A (Abuse Prevention Order), violation of a no-contact provision is generally:

• AA civil infraction with a fine only
• BA criminal misdemeanor punishable by imprisonment, fine, or both, and may also constitute…
• CNot enforceable by arrest
• DTreated identically to a civil restraining order in another state without recognition

Under MGL c.265, §13K (assault and battery on an elderly or disabled person), the statute defines an elderly person as anyone:

• AOver the age of 50
• BSixty years of age or older
• COver the age of 70
• DReceiving Social Security

MGL c.268, §13B prohibits witness intimidation. The statute requires the defendant to have:

• ASpoken to a witness about the weather
• BDirectly or indirectly threatened, attempted to cause physical injury, conveyed a gift, o…
• CFiled a police report
• DAsked a witness to attend court

Under MGL c.268, §32B (resisting arrest), the offense requires:

• AMere flight from an officer
• BKnowingly preventing or attempting to prevent a police officer, acting under color of off…
• CRefusing to answer questions
• DDisagreeing with the arresting officer

MGL c.265, §37 (violation of civil rights) requires the Commonwealth to prove:

• AMere disagreement
• BBy force or threat of force, the defendant willfully injured, intimidated, or interfered…
• CNegligent supervision
• DProperty damage only

Under MGL c.266, §127 (malicious destruction of property), the Commonwealth must prove the defendant acted:

• ANegligently
• BWillfully and maliciously, with cruelty, hostility, or revenge
• CAccidentally
• DUnder duress alone

Under MGL c.265, §13F (indecent A&B on a person with an intellectual disability), the offense requires proof the defendant knew or had reason to know:

• AThe age of the victim only
• BThat the victim was a person with an intellectual disability and engaged in an indecent a…
• CThe victim's address
• DThe victim's marital status

Under MGL c.272, §53 (disorderly conduct/disturbing the peace), Massachusetts courts have narrowed the offense to conduct that:

• AMerely annoys a neighbor
• BInvolves fighting or threatening, violent or tumultuous behavior, or creates a hazardous…
• CIs purely speech criticizing government
• DIs profanity alone

Under MGL c.265, §43A (criminal harassment), the Commonwealth must prove the defendant engaged in:

• AA single, isolated rude comment
• BA knowing pattern of conduct or series of acts on at least three separate occasions direc…
• CConduct that merely embarrassed the victim
• DAny social media use

Under MGL c.276, §1, a search warrant in Massachusetts must be supported by a written affidavit establishing probable cause and signed by:

• AThe chief of police only
• BA neutral and detached magistrate or clerk-magistrate
• CThe district attorney
• DA sworn patrol officer

Under MA law and Commonwealth v. Upton, the Massachusetts constitution provides:

• ALesser protection than the Fourth Amendment
• BThe same protection as the Fourth Amendment in all respects
• CGreater protection than the Fourth Amendment in certain search and seizure contexts, incl…
• DNo protection at all