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Commonwealth v. Broadland

315 Mass. 20 (Mass. 1943)
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Commonwealth v. Broadland

27 Citing cases

  1. Commonwealth v. Can-Port Amusement, No

    No. 050295 (Mass. Cmmw. Jun. 29, 2005)

    The crime of open and gross lewdness is "closely similar" to the crime of indecent exposure. Commonwealth v. Fitta, 391 Mass. 394, 396 (1984), quoting Commonwealth v. Broadland, 315 Mass. 20, 22 (1943). Indecent exposure requires "an intentional act of lewd exposure, offensive to one or more persons."

  2. Egolf v. Witmer

    421 F. Supp. 2d 858 (E.D. Pa. 2006)   Cited 9 times
    Concluding that qualified immunity protected state police troopers from liability for arresting nearly-nude protesters at a political rally

    Virtually all states, including Pennsylvania, banned acts of public lewdness and indecency at common law. See, e.g., State v. Millard, 18 Vt. 574 (Vt. 1846) (collecting citations); Commonwealth v. Hardin, 10 Ky. Op. 925 (Ky. 1880) Van Houten v. State, 46 N.J.L. 16, 17 (N.J. 1884);Commonwealth v. Broadland, 315 Mass. 20, 21-22 (Mass. 1943);Messina v. State, 212 Md. 602, 605-06 (Md. 1957).

  3. P.B.I.C., Inc. v. Byrne

    313 F. Supp. 757 (D. Mass. 1970)   Cited 17 times
    In P.B.I.C., the court reasoned (p 767): "live theatre productions are not insulated from good faith prosecution under a statute which passes constitutional muster.

    Interstate Circuit v. Dallas, 390 U.S. at 682, 88 S.Ct. at 1302. Commonwealth v. Broadland, 315 Mass. 20, 22, 51 N.E.2d 961 (1943). More recently, the Supreme Judicial Court relied in part on a case involving a conviction for the common law offense to sustain a conviction for a violation of section 16, indicating the interchangeability with which the Supreme Judicial Court views the two offenses.

  4. Commonwealth v. Kennedy

    478 Mass. 804 (Mass. 2018)   Cited 41 times
    Highlighting "continued need" for first complaint testimony in sexual assault cases because "[q]uestions involving a complainant's credibility ... may be at issue even absent any delay in disclosure"

    See Lopez, 433 Mass. at 728, 745 N.E.2d 961. Here, the Commonwealth bore the burden of proving that the defendant intentionally exposed his genitalia to M.M. Commonwealth v. Broadland, 315 Mass. 20, 21–22, 51 N.E.2d 961 (1943). See, e.g., Commonwealth v. Swan, 73 Mass. App. Ct. 258, 261–262, 897 N.E.2d 1015 (2008) (sufficient evidence of defendant's intent to expose himself in public school bathroom).

  5. Commonwealth v. St. Louis

    473 Mass. 350 (Mass. 2015)   Cited 57 times
    Upholding statute criminalizing indecent assault and battery on person with intellectual disability, even though "intellectual disability" was not defined in statute

    Indecent exposure requires proof of an “intentional act of lewd exposure, offensive to one or more persons.” Commonwealth v. Swan, 73 Mass.App.Ct. 258, 261, 897 N.E.2d 1015 (2008), quoting Commonwealth v. Broadland, 315 Mass. 20, 21–22, 51 N.E.2d 961 (1943). The exposure of one's genitalia is a necessary element to indecent exposure.

  6. Commonwealth v. Queenan

    11-P-278 (Mass. Dec. 30, 2011)

    These elements of the crime have been established by our case law. See, e.g., Commonwealth v. Bishop, 296 Mass. 459, 462 (1937); Commonwealth v. Broadland, 315 Mass. 20, 21-22 (1943); Commonwealth v. Swan, 73 Mass. App. Ct. at 261. As stated above, we conclude on this record that the Commonwealth's case foundered on the last element.

  7. Commonwealth v. Quinn

    439 Mass. 492 (Mass. 2003)   Cited 51 times
    Holding that the defendant could not be prosecuted under G.L. c. 272, § 16, “for exposing his buttocks” because all prior cases at that time involved genitalia, which is commonly understood to include reproductive organs, not the buttocks

    Commonwealth v. Fitta, 391 Mass. 394, 396 (1984), quoting Commonwealth v. Sefranka, 382 Mass. 108, 116 (1980). See Commonwealth v. Broadland, 315 Mass. 20, 22 (1943) (open and gross lewdness is "an offence at least closely similar to the common law offence of indecent exposure"). The exposure of genitalia has been defined by judicial interpretation as an essential element of the offense of indecent exposure.

  8. Commonwealth v. Arthur

    420 Mass. 535 (Mass. 1995)   Cited 26 times
    In Commonwealth v. Arthur, 420 Mass. 535, 537 (1995), "the judge instructed the jury that the defendant could be found guilty of indecent exposure [G.L.c. 272, § 53] only if they found (among other things), beyond a reasonable doubt, that he had 'exposed his genitals or buttocks to one or more persons.'"

    We turn therefore to the Commonwealth's alternative contention, which was argued to the jury, that exposure of pubic hair falls within the ambit of the statutory prohibition in G.L.c. 272, § 53, against "indecent exposure." We have said that "[i]ndecent exposure . . . requires an intentional act of lewd exposure, offensive to one or more persons.' Commonwealth v. Broadland, [ 315 Mass. 20,] 21-22 [1943], quoting Commonwealth v. Cummings, 273 Mass. 229, 231 (1930)." Commonwealth v. Fitta, 391 Mass. 394, 396 (1984).

  9. Commonwealth v. Fitta

    391 Mass. 394 (Mass. 1984)   Cited 32 times
    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

    See Ward v. Illinois, 431 U.S. 767, 771 (1977); Rose v. Locke, 423 U.S. 48, 52-53 (1975); Commonwealth v. Adams, 389 Mass. 265, 271 (1983); Commonwealth v. Templeman, 376 Mass. 533, 538 (1978). We have stated that "[t]he 'open and gross lewdness' provision has been said to be 'closely similar' to the offense of indecent exposure, Commonwealth v. Broadland, 315 Mass. 20, 22 (1943), and has been applied primarily to indecent exposure in front of, and sexual conduct with, children." Commonwealth v. Sefranka, 382 Mass. 108, 116 (1980).

  10. Commonwealth v. Adams

    389 Mass. 265 (Mass. 1983)   Cited 70 times
    Holding that case law had made clear that masturbating in car on public road was sufficiently "open"

    Robinson v. Berman, 594 F.2d 1, 2 (1st Cir. 1979). We have on several occasions reviewed convictions under G.L.c. 272, § 16, based on conduct similar to that presented here. As we observed in Commonwealth v. Sefranka, supra at 116: "The 'open and gross lewdness' provision [of § 16] has been said to be 'closely similar' to the offense of indecent exposure, Commonwealth v. Broadland, 315 Mass. 20, 22 (1943), and has been applied primarily to indecent exposure in front of, and sexual conduct with, children. See Commonwealth v. Templeman, 376 Mass. 533, 537-538 (1978).