Commonwealth v. Lawrence F. Maguire, SJC-12013

Jan 03, 2017

OUTCOME: Conviction of open & gross lewdness reversed

The Supreme Judicial Court reversed the conviction of open and gross lewdness and lascivious behavior because there was insufficient evidence that the defendant’s conduct caused any person to experienc ... e “shock” or “alarm,” as the statute requires. The case was remanded for entry of a conviction of the lesser included offense of indecent exposure. The SJC also clarified that the “shock” or “alarm” requirement has both a subjective and an objective component.