Annoying or Accosting Persons of the Opposite Sex

Massachusetts General Laws Chapter 272, Section 53, punishes those who, with offensive and disorderly acts or language accost or annoy persons of the opposite sex with imprisonment of up to 6 months in the House of Corrections.

In order to be convicted of the crime of Annoying and Accosting Persons of the Opposite Sex, the prosecutor is required to prove, beyond a reasonable doubt:
  1. That the defendant knowingly engaged in disorderly acts or language;
  2. That those disorderly acts or language were offensive to a reasonable person;
  3. That the defendant intended to direct those acts or language to the purported victim;
  4. That the purported victim was aware of the defendant's offensive and disorderly acts or language; and
  5. That the purported victim was a person of the opposite sex.
The crime of Annoying and Accosting Persons of the Opposite Sex requires the prosecutor to prove that the defendant committed two or more disorderly acts or used disorderly language.  If the offense involved two disorderly acts, each of the disorderly acts may be part of a single incident or event, but the acts must be distinct.

What is considered to be 'disorderly conduct'?  To be disorderly, a defendant's acts or language must involve one of the following without legitimate reason:
  • Fighting or violent or tumultuous behavior;
  • Acts that create a hazardous condition;
  • Acts that create a physically offensive condition that amounts to an invasion of personal privacy.
Sexually explicit language may also be inherently threatening when it is directed at particular individuals in settings in which sexual communications are inappropriate and likely to cause severe distress.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in representing individuals charged with all types of criminal offenses, including Domestic Violence, Sex Crimes and Crimes of Violence.

To schedule a Free Consultation and to discuss your criminal case with Attorney Lefteris K. Travayiakis, Contact Us Online or call 617-325-9500.