Sex Crimes Massachusetts Quincy Lawyer Injunction Gen Laws 6 178C

Sex Crimes Massachusetts Quincy Lawyer Injunction Gen Laws 6 178C

James v Commonwealth

Facts:

Plaintiff moved for a preliminary injunction to bar defendants from enforcing against him the Sex Offender Registration and Community Notification Act, Mass. Gen. Laws ch. 6, § 178C-178O. The court found that plaintiff was not convicted of a like violation of the laws of another state because an admission of battery, which was a necessary element of the crime of indecent assault and battery in Massachusetts, was not necessary to find plaintiff guilty of indecent assault in Florida. Thus, he had no obligation to register for his crimes a sex offender.

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Sex Crimes Massachusetts Quincy Lawyer Injunction Gen Laws 6 178C

Sex Crimes Massachusetts Quincy Lawyer

Holdings:
The Massachusetts Court made the following holding:
  • Under Mass. Gen. Laws ch. 6, § 178C (1999), a “sex offender” is defined as a person who resides or works in the commonwealth and who has been convicted or a sex offense. A “sex offense” is defined to include an indecent assault and battery on a child under 14, in violation of Mass. Gen. Laws ch. 265, § 13B, or a like violation of the laws of another state. Mass. Gen. Laws ch. 6, § 178C (1999).
  • Open and gross lewdness and lascivious behavior, in violation of Mass. Gen. Laws ch. 272, § 16, do not constitute a “sex offense” unless it is a second conviction of the offense. Mass. Gen. Laws ch. 6, § 178C (1999).

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Disclaimer:

These summaries are provided by the Gilmore & Sris Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The Original opinions should be consulted for their authoritative content.

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