Podcast
Questions and Answers
What is one of the elements required to prove indecent exposure?
What is one of the elements required to prove indecent exposure?
What right of arrest applies to the crime of drinking in public?
What right of arrest applies to the crime of drinking in public?
Which of the following is not considered indecent exposure?
Which of the following is not considered indecent exposure?
Under Massachusetts law, what is the minimum age for a person to legally possess alcoholic beverages?
Under Massachusetts law, what is the minimum age for a person to legally possess alcoholic beverages?
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What is the right of arrest when it comes to furnishing alcohol to persons under 21?
What is the right of arrest when it comes to furnishing alcohol to persons under 21?
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What is the maximum quantity of malt beverages one can transport without a permit?
What is the maximum quantity of malt beverages one can transport without a permit?
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What is required to establish that a person is guilty of disorderly conduct?
What is required to establish that a person is guilty of disorderly conduct?
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Which of the following actions is illegal for individuals under 21?
Which of the following actions is illegal for individuals under 21?
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Which of the following is NOT an element required to prove the charge of resisting arrest?
Which of the following is NOT an element required to prove the charge of resisting arrest?
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What must a suspect demonstrate to be charged with disorderly conduct?
What must a suspect demonstrate to be charged with disorderly conduct?
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Which action could lead to a charge of disturbing the peace?
Which action could lead to a charge of disturbing the peace?
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For the charge of annoying or accosting persons to apply, which element must be established?
For the charge of annoying or accosting persons to apply, which element must be established?
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To establish disorderly conduct, which of the following statements is true?
To establish disorderly conduct, which of the following statements is true?
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Which element is common between both disorderly conduct and disturbing the peace charges?
Which element is common between both disorderly conduct and disturbing the peace charges?
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In order to prove that the suspect engaged in disturbing the peace, what must the behavior result in?
In order to prove that the suspect engaged in disturbing the peace, what must the behavior result in?
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Which of the following best describes the third element of resisting arrest?
Which of the following best describes the third element of resisting arrest?
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Flashcards
Resisting Arrest Elements
Resisting Arrest Elements
Preventing or attempting to prevent a police officer from making an arrest, while the officer is acting in their official capacity, by using or threatening physical force or violence, or by other means causing a substantial risk of injury, with knowledge of the officer's authority.
Disorderly Conduct Elements
Disorderly Conduct Elements
Engaging in fighting, threatening, violent or tumultuous behavior, or creating a hazardous or offensive condition without a legitimate purpose, causing a reasonable likelihood of affecting the public, with intent to cause inconvenience, annoyance, or alarm, or recklessly creating a risk of these.
Disturbing the Peace Elements
Disturbing the Peace Elements
Conduct that most people would find unreasonably disruptive, such as loud noise, tumultuous behavior, hurling objects, threatening, quarreling, fighting, or using fighting words, done intentionally, and annoying or disturbing at least one person.
Annoying or Accosting Persons Elements
Annoying or Accosting Persons Elements
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Disorderly Conduct
Disorderly Conduct
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Indecent Exposure
Indecent Exposure
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Drinking in Public
Drinking in Public
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Furnishing Alcohol to Minors
Furnishing Alcohol to Minors
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Excessive Transport of Alcohol
Excessive Transport of Alcohol
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Alcohol Possession by Minors
Alcohol Possession by Minors
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Warrantless Arrest for Alcohol Offenses
Warrantless Arrest for Alcohol Offenses
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Public Breastfeeding and Indecent Exposure
Public Breastfeeding and Indecent Exposure
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Study Notes
Corroborating Evidence for Public Order Crimes
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
