Public Order Crimes Overview

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Questions and Answers

What is one of the elements required to prove indecent exposure?

The suspect was in a public place.

The suspect exposed their genitals intentionally. (correct)

The suspect was observed by law enforcement.

The suspect exposed their pubic hair.

What right of arrest applies to the crime of drinking in public?

Presence (correct)

No arrest possible

Probable cause

Warrant

Which of the following is not considered indecent exposure?

Public breastfeeding (correct)

Exposure of the genital area

Exposure of the genitals

Exposure of the buttocks

Under Massachusetts law, what is the minimum age for a person to legally possess alcoholic beverages?

21 years old, unless accompanied by a parent Signup and view all the answers

What is the right of arrest when it comes to furnishing alcohol to persons under 21?

Warrant Signup and view all the answers

What is the maximum quantity of malt beverages one can transport without a permit?

20 gallons Signup and view all the answers

What is required to establish that a person is guilty of disorderly conduct?

The conduct was directed at a specific individual who was aware. Signup and view all the answers

Which of the following actions is illegal for individuals under 21?

Purchasing alcoholic beverages Signup and view all the answers

Which of the following is NOT an element required to prove the charge of resisting arrest?

The suspect was in a public place Signup and view all the answers

What must a suspect demonstrate to be charged with disorderly conduct?

Creating a physically offensive condition Signup and view all the answers

Which action could lead to a charge of disturbing the peace?

Hurling objects in a populated area Signup and view all the answers

For the charge of annoying or accosting persons to apply, which element must be established?

The suspect acted offensively and disorderly Signup and view all the answers

To establish disorderly conduct, which of the following statements is true?

The suspect's actions must be likely to affect the public Signup and view all the answers

Which element is common between both disorderly conduct and disturbing the peace charges?

Actions are considered intentional Signup and view all the answers

In order to prove that the suspect engaged in disturbing the peace, what must the behavior result in?

Immediate violent reaction from others Signup and view all the answers

Which of the following best describes the third element of resisting arrest?

Creating a substantial risk of bodily injury Signup and view all the answers

Signup and view all the answers

Study Notes

Corroborating Evidence for Public Order Crimes

Resisting Arrest (M.G.L. unspecified):
- Elements: Preventing or attempting to prevent a police officer from arresting someone. Officer must be acting under official authority. Suspect must resist by using or threatening physical force, or by other means creating a substantial risk of injury. Suspect must know their actions prevent a lawful arrest.
- Arrest Authority: Presence if in public - a warrant is not required.
Disorderly Conduct (M.G.L. c 272 § 53):
- Elements: Engaging in fighting, threatening, violent, or tumultuous behavior, or creating a hazardous condition without a lawful purpose. Actions must be reasonably likely to affect the public. Intent or recklessness to cause public inconvenience, annoyance, or alarm is required.
- Arrest Authority: Presence if in public - a warrant is not required.
Disturbing the Peace (M.G.L. c 272 § 53):
- Elements: Unreasonably disruptive conduct (e.g., loud noises, tumultuous actions, object-throwing). Actions must be intentional, not accidental. At least one person must be annoyed or disturbed.
- Arrest Authority: Presence if in public - a warrant is not required.
Annoying or Accosting Persons (M.G.L. c 272 § 53):
- Elements: Knowingly engaging in offensive and disorderly conduct or language directed at a specific person. The person must be aware of the conduct and find it offensive.
- Arrest Authority: Presence if in public - a warrant is not required.
Indecent Exposure (M.G.L. c 272 § 53):
- Elements: Intentional exposure of genitals to one or more people. Exposure must be offensive to at least one person.
- Arrest Authority: Presence if in public - a warrant is not required. Note—exposure doesn't have to be in a public place.

Alcoholic Beverage Crimes

Drinking in Public (M.G.L. c 272 § 59):
- Elements: Willful violation of an ordinance, bylaw, or regulation related to drinking or possessing alcohol in a public place (e.g., street).
- Arrest Authority: Presence if in public - a warrant is not required.
Furnishing Alcohol to Persons Under 21 (M.G.L. c 138 § 34):
- Elements: Knowingly providing alcohol to someone under 21 or allowing them to possess alcohol on your property.
- Arrest Authority: Warrant is required, unless the suspect is found in the act (selling, storing, or transporting). Parents/grandparents can legally provide alcohol to a minor on their property. Applies to under 21 furnishing alcohol to others.
Transporting Alcoholic Beverages (M.G.L. c 138 § 22):
- Elements: Transporting a maximum of 20 gallons malt beverages, 3 gallons alcoholic beverage, or 1 gallon straight alcohol for personal use.
- Arrest Authority: Presence if in public - a warrant is not required.
Possession by Persons Under 21 (M.G.L. c 138 § 34C):
- Elements: A minor (under 21) cannot possess alcohol unless accompanied by a parent or legal guardian. Does not apply to those ages 18-20 employed to handle alcohol.
- Arrest Authority: Presence if in public - a warrant is not required.
Incapacitation by Persons Under 21: Law is not specified, but generally involves a suspect under the age of 21 and in violation of the laws listed above. Arrest Authority is dependent on the nature of the crime committed.

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Description

This quiz covers critical aspects of public order crimes, focusing on resisting arrest, disorderly conduct, and disturbing the peace under Massachusetts General Laws. Participants will learn about the legal definitions, elements, and arrest authorities associated with each crime. Test your understanding of how these laws apply in real-life scenarios.