Commonwealth v. Moran
951 N.E.2d 356
Mass. App. Ct.2011Background
- Moran was convicted in the District Court, after a trial without a jury, of accosting or annoying a person of the opposite sex under G. L. c. 272, § 53.
- Jones, a nanny pushing a stroller with a 16-month-old, was approached on Beacon Street, Brookline, and Moran made a sexual gesture while close to her.
- Jones reported the incident to her employer and police; Moran was identified by Jones and arrested.
- On appeal Moran argues insufficiency of evidence, contending the act was not offensive or disorderly and that the statute requires multiple acts.
- The Commonwealth argues the single act was offensive and disorderly and that the statute covers a single act under proper statutory construction.
- The appellate court affirms, holding the conduct was offensive and disorderly and that the statute can apply to a single act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Moran's conduct was offensive and disorderly. | Commonwealth argues the act was offensive and disorderly to a reasonable person. | Moran contends the conduct was not offensive or disorderly. | Yes; conduct was offensive and disorderly. |
| Whether one act can satisfy the statute's requirement of offensive and disorderly acts or language. | Commonwealth argues multiple acts not required due to statutory language. | Moran argues the statute requires at least two acts. | Single act suffices; statute applies to one act. |
| Whether the lack of plural modifiers in the statute supports applying it to a single act. | Commonwealth relies on canon and comparable statutes to treat singular act as covered. | Moran asserts lack of plural modifier implies requirement of multiple acts. | Statutory text and purpose permit single act. |
| Whether the statutory interpretation should follow the District Court’s model jury instruction requiring two or more acts. | Commonwealth contends the instruction is not controlling; words allow single act. | Moran relies on the instruction requiring multiple acts. | Court adopts reading allowing single act; does not require multiple acts. |
Key Cases Cited
- Commonwealth v. Cahill, 446 Mass. 778 (Mass. 2006) (offensive and disorderly conduct standard)
- Commonwealth v. Chou, 433 Mass. 229 (Mass. 2001) (threatening behavior; sexual language can be threatening)
- Commonwealth v. LePore, 40 Mass. App. Ct. 543 (Mass. App. Ct. 1996) (voyeurism; threat-neutral context of conduct)
- Hanlon v. Rollins, 286 Mass. 444 (Mass. 1934) (statutory construction; mischief and purpose)
- Commonwealth v. Tsouprakakis, 267 Mass. 496 (Mass. 1929) (use of canons in construction)
- Commonwealth v. Kwiatkowski, 418 Mass. 543 (Mass. 1994) (construing stalking statute; pattern of conduct concept)