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Is Selling an Exploding Golf Ball a Crime in Massachusetts?

0:21 · M.G.L. c.148 s.55 (Explosive golf balls)

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Massachusetts put the exploding golf ball in the fire prevention chapter. M.G.L. c. 148, sec. 55 covers manufacturing one, selling one, knowingly using one, or having one in possession for the purpose of sale, and the first offence is a fine of not more than $500. A later offence carries a fine of not more than $1,000 or imprisonment for not more than one year, or both.

The section describes the ball by what is inside it

There is no brand name and no product list. The words are “any golf ball containing any acid, fluid, gas or other substance tending to cause the ball to explode and to inflict bodily injury.” Two things have to be true of the ball: it holds one of those substances, and the substance tends to make the ball explode and cause bodily injury. A ball that simply comes apart on impact is not what the sentence describes.

Four acts, one sentence

Manufacture, sell, knowingly use, possess for the purpose of sale. Reading the list is the fastest way to see where the line sits. The novelty shop that stocks them and the person who tees one up for a friend are both inside the text. A person who was handed one and never used it is outside the four acts as they are written.

The second offence is where jail appears

First offence, a fine capped at five hundred dollars. Any subsequent offence, a fine capped at one thousand dollars or imprisonment for not more than one year, or both. That structure is worth reading carefully, because the jail exposure the video mentions is attached to the repeat, not to the first time.

What this page is not

This page describes what section 55 says. Whether a particular novelty ball meets the description, how a court would treat a specific set of facts, and whether some other provision could apply to the same conduct are questions about a real situation, not about the text. Read the section yourself at the link above, and telephone the firm about anything that actually happened.

Full transcript of this video

Cold open: A golf ball detonates in a ball of fire on the fairway, taking the golfer's swing with it. On screen: This golf ball = a $500 crime.

Jim Glaser: Selling an exploding golf ball is a crime in Massachusetts. Real statute. Chapter 148, Section 55.

Jim Glaser: A $500 fine. Do it again and it is up to a year in jail. Look up the statute yourself.

On screen: Send this to your buddy with the trick golf balls.

The actual law

M.G.L. c.148 s.55 (Explosive golf balls) on malegislature.gov

Four acts are named in a single sentence: manufacturing an exploding golf ball, selling one, knowingly using one, and having one in possession for the purpose of sale. The ball is described by what is inside it, any acid, fluid, gas or other substance, and by what that substance does, tending to cause the ball to explode and to inflict bodily injury.

Whoever manufactures or sells or knowingly uses, or has in possession for the purpose of sale, any golf ball containing any acid, fluid, gas or other substance tending to cause the ball to explode and to inflict bodily injury shall for the first offence be punished by a fine of not more than five hundred dollars, and for any subsequent offence by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.

Penalty as written: A fine of not more than $500 for a first offence. For any subsequent offence, a fine of not more than $1,000 or imprisonment for not more than one year, or both.

Common questions

What does M.G.L. c. 148, sec. 55 actually prohibit?

Manufacturing, selling, knowingly using, or having in possession for the purpose of sale any golf ball containing an acid, fluid, gas or other substance tending to cause the ball to explode and to inflict bodily injury. Those four acts are the whole reach of the sentence.

Is the penalty different the second time?

Yes. A first offence carries a fine of not more than five hundred dollars. Any subsequent offence carries a fine of not more than one thousand dollars or imprisonment for not more than one year, or both. The jail term appears only on the subsequent-offence side of the sentence.

Does simply buying one break this section?

The section names manufacturing, selling, knowingly using, and possessing for the purpose of sale. A purchase by itself is not one of those four acts, although knowingly using the ball is.

Does the statute name a particular product?

No. It describes the ball by its contents and their effect: any acid, fluid, gas or other substance tending to cause the ball to explode and to inflict bodily injury. The words are about what the ball does, not what it is called.

Keep reading

More Massachusetts law in 30 seconds

This video and the text on this page are general legal information, not legal advice, and do not create an attorney-client relationship. Massachusetts law is fact-specific; telephone Jim Glaser Law about your particular situation. Past results do not guarantee future outcomes. Attorney advertising under Mass. R. Prof. C. 7.1 to 7.5. Responsible attorney: Jim Glaser, admitted in MA only, of counsel to Keches Law. Principal office: 77 Pond St., Sharon, MA. Most cases referred to other jurisdictionally licensed lawyers for principal liability. This video uses an AI-generated likeness and voice of Attorney Jim Glaser, with his permission.

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