Annoying and Accosting Persons is a crime in Massachusetts. Massachusetts General Law Chapter 272 Section 53 defines this. It is a misdemeanor crime punishable by up six months in jail.
What is Annoying and Accosting People?
The prosecutor must prove four things beyond a reasonable doubt. They are;
- Someone knowingly engaged in an offensive and disorderly act or language.
- They intended to direct the conduct at a specific person
- That person was aware of the conduct
- The conduct was offensive and disorderly to a reasonable person.
In order to prove that the conduct or language was disorderly, the prosecutor must also prove one of the following four things. That the conduct or language involved violent behavior. Or, the conduct created a hazardous condition. The conduct was physically offensive. And that it invaded someone’s personal space. Finally, the conduct was threatening.
What is considered threatening in Massachusetts?
Various behaviors are classified as threats in Massachusetts. A threat can take the form of a statement or an action, as long as it instills fear in a reasonable individual. Merely causing discomfort is insufficient evidence to establish a threat.
What is offensive conduct? It is conduct that causes displeasure, anger, or resentment, It has also been called conduct that is repugnant to the prevailing sense of what is decent and moral. Offensive acts require proof of sexual conduct or language. Whether or not it is a sexual connotation is whether a reasonable person would believe it was. Also, language that is sexually explicit may be in of its self threatening if they are inappropriate and likely to cause distress.
A single act is not enough to constitute annoying and accosting persons. The statute requires more than one incident.
As of 2014, there is no longer a requirement that the victim and the defendant be of the opposite sex.
Are there legal defenses to Annoying and Accosting Persons?
Yes, there are legal defenses to Annoying and Accosting Persons in Massachusetts. An experienced criminal defense attorney can help you defend against Annoying and Accosting Persons charges. A criminal attorney can review the law and evidence. Also, they can focus on the strongest defenses.
Some common defenses that could be used against charges of annoying and accosting in Massachusetts include:
- Lack of offensive and disorderly conduct: The defense could argue that the defendant’s actions or language were not both offensive and disorderly as required by law. The conduct must involve fighting, creating hazardous conditions, invading personal privacy, or threatening behavior to be considered disorderly.
- No sexual context: Since the “offensive” element requires proof of sexual conduct or language, either explicit or implicit, the defense could argue that the alleged behavior lacked any sexual connotations.
- No intent to direct conduct at the victim: The defense could assert that the defendant did not intentionally direct their conduct at the alleged victim, which is a required element of the offense.
- Victim’s lack of awareness: If it can be demonstrated that the alleged victim was not aware of the defendant’s conduct at the time it occurred, this could form the basis of a defense, as the third element requires the victim to be aware of the conduct.
- Reasonable person standard: The defense might argue that a reasonable person in the complainant’s position would not have found the conduct offensive and disorderly, challenging the fourth element of the offense.
- Constitutional protections: In cases involving speech, the defense might argue that the defendant’s actions were protected under the First Amendment, especially if the language used does not constitute a “true threat”.
- Single act insufficiency: Although a single act can be sufficient for the offense, the defense might argue that the alleged single act does not meet all the required elements of the crime[1].
- Lack of physical offensiveness: If the charge involves allegedly physically offensive conduct, the defense could argue that the behavior did not relate to the body or invade personal privacy in a physical manner.
These defenses aim to challenge one or more of the four key elements that the prosecution must prove beyond a reasonable doubt for a conviction of annoying and accosting. An experienced criminal defense attorney would evaluate the specific circumstances of the case to determine the most effective defense strategy.
Annoying and Accosting Attorney
Patrick Donovan is an experienced Massachusetts criminal defense attorney. Also, he is a former prosecutor. He uses his experience to achieve the best possible outcome for each and every one of his clients. He has appeared in over fifty courts in Massachusetts. Attorney Patrick Donovan has tried many cases to verdict including both felony and misdemeanor crimes. He offers a free consultation. Call today if you have been charged with annoying and accosting persons in Massachusetts.
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