Disorderly conduct (disturbing the peace) may seem like a simple and common act in the eyes of many people. It happens almost every day. However, in Massachusetts, you could face serious legal consequences if you are charged with disorderly conduct. When charged with disorderly conduct, you should speak with a criminal defense attorney who can explain the severe outcomes possible and help you understand your legal rights. In Massachusetts, the law defines a disorderly person as an individual whose actions cause alarm, annoyance, or inconvenience to the general public. These actions may include:
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Fighting in public
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Threatening behavior
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Violent actions
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Orchestrating a hazardous or offensive situation
In Massachusetts, the link between disorderly conduct and indecent exposure is outlined in Massachusetts Law Section 53. Both of these crimes are punishable under this statute. In both cases one can serve time in jail up to six months. They are each misdemeanor offenses.
Indecent exposure can range from urinating in public, displaying various forms of nudity, minor sexual acts, to open and gross lewdness. It is a deliberate exposure of private parts, such as one's buttocks, genitalia, or female breasts. To be convicted of indecent exposure, it must be proved that the defendant performed one of the following lewd acts:
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Exposing their buttocks, genitals, or female breast to others
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Intentionally exposing these private parts to others
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Openly exposing private parts with the intent of revealing them to unwilling members of the public
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Exposing oneself to create a distress or shock reaction
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Succeeding in creating a shock or distress due to exposing one's private parts
However, indecent exposure can become more severe when it involves open and gross lewdness and lascivious behavior. Committing this form of indecent exposure is a felony offense. Open and gross lewdness and lascivious behaviors are prohibited and discussed in Massachusetts General Laws Chapter 272 Section 16. If you are convicted of this crime, you could serve time in the state prison for up to three years or jail time for up to two years and pay a fine.
This Massachusetts law was created to punish individuals who intentionally and openly participate in or showcase lewd sexual acts on unwilling people or the public. The law does not apply to sexual expressions that may take place in an environment considered private. If a nosy neighbor peeks through your window to watch you and your spouse perform lewd and lascivious sexual acts in the privacy of your home, you will not be in violation of this law. However, if you display your bizarre fetish involving lewd and lascivious sexual acts on the front lawn or rooftop for everyone to see, you could not only shock your neighbors but also be charged with open and gross lewdness and lascivious behavior.
If you have been accused of disorderly conduct or a crime involving indecent exposure, it cannot only be embarrassing but also, it can have severe consequences on your life. You should contact a criminal defense attorney to explore your legal options. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case. Contact Attorney, Edward Molari at 617-942-1532 for a free consultation.