Massachusetts Supreme Judicial Court· 3/13/1984

Commonwealth v. Fitta

Citations

461 N.E.2d 820
391 Mass. 394
1984 Mass. LEXIS 1428

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

stating that G. L. c. 272, § 16, and G. L. c. 272, § 53, which criminalizes “indecent exposure,” are similar
holding disparity of sentences proscribed by statutes for indecent exposure, G. L. c. 272, § 53, and open and gross lewdness and lascivious behavior, G. L. c. 272, § 16, not violative of due process
rejecting defendant’s argument that felony “open and gross lewdness and lascivious behavior” statute impermissibly overlaps with misdemeanor “indecent exposure” statute because felony requires proof of element not required for misdemeanor
defendant’s act must be committed “in such a way as to produce alarm or shock”
offense requires “an intentional act of lewd exposure, offensive to one or more persons” [citation omitted]
to be prosecutable under section 16, a defendant’s indecent act must be committed in such a way as to cause alarm or shock in the intended victim

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Wilkins, Liacos, Abrams, O'Connor

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Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

Cites

18 cases in this archive are cited by this case.

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