Public Order Crimes Overview

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.