Commonwealth v. Fitta

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).