Is Writing in a Library Book a Crime in Massachusetts?

Writing in a library book has its own section of the Massachusetts General Laws. M.G.L. c. 266, sec. 100 covers whoever willfully, maliciously or wantonly writes upon, injures, defaces, tears, cuts, mutilates or destroys any library material or property. The person makes restitution in the full replacement value and, in addition, faces imprisonment in a house of correction for not more than two years or a fine of not less than $100 nor more than $1,000, or both.

The first three words are the ones that matter

Willfully, maliciously or wantonly. The section is not written about a coffee spill or a torn page in a returned bag. Those words are elements of the offence, and they are what stands between an accident and the conduct the Legislature described.

Restitution is on top, not instead

The sentence says the person shall make restitution in full replacement value “and, in addition,” shall be punished by the jail term or the fine or both. Replacement value of the item is the starting point, and the criminal penalty is stacked after it.

The section builds in its own probable cause rules

Three of them, in the second paragraph. A law enforcement officer may arrest without a warrant on probable cause to believe a person violated section 99A and this section. A statement by a library employee or agent who is eighteen or older constitutes probable cause for such an arrest. And the activation of an electronic anti-theft device constitutes probable cause for believing a person has violated the section. That is unusual specificity for a statute about books.

And the library has to post it

The last paragraph requires a library to prepare posters, displayed in a conspicuous place, carrying a summary and explanation of section 99A and this section. If you have ever noticed a sign near a library exit and not read it, that sign is in the statute.

What this page is not

This page describes what section 100 says. Whether a particular mark on a particular book was willful, malicious or wanton is a question about facts, and how a court would treat any real incident is not something a page written for everyone can answer. Read the section yourself at the link above, and telephone the firm about a real situation.