MPTC Criminal Law Updated Set 2 Guide Exam 2026

MPTC Criminal Law Updated Set 2 Guide Exam 2026 Statute of limitation-Murder - -No limit Statute of limitation sexual assault involving children - -No time limit but any indictment or complaint found and filed more than 27 years after date of commission shall be supported by independent evidence. Statute of limitations-Armed robbery - -10 years Statute of limitations-Rape - -15 years Statute of limitations-Most offenses MGL277 SS63 - -6 years Principle - -Person who commits the crime Accessory before the fact CHP274 SS-2-3 - -Someone other than the suspect committed the felony. Second-That the suspect was an accessory to that felony by counseling, hiring, or in some way arranging for that person to Commit the felony and; Third-That the suspect did so with the same intent as the principle was required to have to be guilty of the felony. Accessory after the fact CHP274 SS-4 - -Suspects knows that the principle committed a felony and aids principle to avoid apprehension or punishment. Accessory after the fact does not need to have any advance knowledge of crime committed or take part in any planning or execution of the crime. Accessory after the fact cannot be a spouse, parent, grandparent, child, grandchild, brother, or sister. Accident - -An unexpected happening that occurs without intention or design on the suspects part. Knowingly - -With knowledge, consciously, intelligently, willfully, intentionally, and individual acts knowingly when they act with awareness of the nature of their conduct Malice - -a state of mind of cruelty, hostility, or revenge. MPTC CRIMINAL LAW MPTC CRIMINAL LAW Reckless - -if they know or should have known that Thier actions were very likely to cause substantial harm, but they ran the risk and did so anyway. Wanton - -conduct that the suspect knew would create a risk of substantial damage or destruction to anothers property or conduct that a reasonable person would have realized posed a risk of substantial damage to or destruction of anothers property. Willful - -Voluntary, knowingly, deliberate, intentional, purposeful, not accidental of involuntary. Felony - -Sentence that could have life or death sentence Misdomeanor - -Sentence that has time in House of Corrections usually 2.5 years in length. Conspiracy 274 S.S-7 - -An AGREEMENT between TWO or more people to do something unlawful. 1. That the suspect joined an agreement or plan with one or more persons, 2. That the purpose of the agreement was to do something unlawful, 3. That the suspect joined the conspiracy knowing of the unlawful plan and intended to help carry it out. Assault 265 SS-13A - -types of assault Attempted: a. suspect intended to commit a battery. (Harmful or unpermitted touching) b. took some overt action AND, c. came reasonably close to committing a battery. Threatened: a. suspect intended to put victim in fear of an imminent battery. b. engaged in some conduct toward the victim AND, c. the victim reasonably perceived the conduct as imminently threatening a battery. Right of Arrest-PRESENCE or WARRANT. Assault by Dangerous Weapon 265 SS-15B - -a. suspect attempted a battery or threatened a battery with the intent to cause fear; b. by using a dangerous weapon. factors to consider dangerous weapon: 1. size, weight, shape, of item. MPTC CRIMINAL LAW MPTC CRIMINAL LAW 2. materials the item is made of. 3. suspect actions and intent to provoke fear with item. 4. how suspect uses the weapon. Assault and Battery 265 SS-13A - -Intentional: a. the suspect touched another person. b. the suspect intended to touch the other person AND, c. the touching was either likely to cause bodily harm or was offensive. *Assault is lessor included offense. Reckless: a. the suspect intentionally engaged in actions which caused bodily injury to another b. actions amounted to reckless conduct. Right of Arrest-PRESENCE/WARRANT A&B by Dangerous Weapon 265 SS-15A - -intentional: a. the suspect touched another person. b. the suspect intended to touch the other person. c. the touching was done with a dangerous weapon. reckless: a. the suspect engaged in the actions that caused bodily injury to the victim. b. the bodily injury was done with a dangerous weapon. c. the suspects actions amounted to reckless conduct. Right of Arrest-FELONY Assault in a dwelling house with dangerous weapon 265 SS-18A - -a. the suspect entered a dwelling that was not thier own while armed with a dangerous weapon. b. the suspect assaulted another person while inside the dwelling, AND c. the assault was committed with the specific intent to commit a felony. RIGHT OF ARREST-FELONY enhanced penalties for use of firearm, shotgun, rifle, or assault weapon. Assault and assault and battery by means of hypodermic needle 265 S.S-15C - -a. commits an assault or assaulted and battery. b. by using a hypodermic needle. RIGHT OF ARREST-FELONY Aggravated assault and battery 265 SS-13A - -a. if it results in bodily injury OR, b. is committed upon a person the suspect knows or has reason to know is pregnant; OR MPTC CRIMINAL LAW MPTC CRIMINAL LAW c. is upon someone the suspect has an active restraining order against the suspect. RIGHT OF ARREST-FELONY A&B on a public employee 265 SS-13D - -a. the victim was a public employee (including an LEO) b. the suspect knew the victim was a public employee. c. the victim was engaged in the performance of their duty at the time of the alleged incident. d. the suspect knew that the victim was engaged in the performance of their duty at the time of incident. RIGHT OF ARREST-PRESENCE FELONY if includes an attempt to disarm police officer. Or if the assault causes serious bodily injury. Mayhem 265 SS-14 - -a. Maliciously intend to maim or disfigure AND b. committed one of the following acts 1. cut out or maim tongue. 2. put out or destroy an eye. 3. cut or tear off an ear. 4. slit or mutilate or maim nose or lip. 5. cut off or disable a limb or member of another. A dangerous weapon is not required when committing the above acts. RIGHT OF ARREST-FELONY Privy-suspect knew of another person's intent to maim or disfigure or was present. Assault with intent to murder - -a. the suspect assaulted another. b. with the specific intent to murder another person. RIGHT OF ARREST-FELONY Murder definition - -unlawful killing with malice, meaning an absence of justification, excuse, or mitigation. Indecent assault and battery on person 14 years and older 265 SS-13H - -a. the suspect committed an assault and battery on another at least 14 years of age. b. the assault and battery was indecent. c. the victim did not consent. RIGHT OF ARREST-FELONY Indecent - -an act that is fundamentally offensive to contemporary standards of decency. MPTC CRIMINAL LAW MPTC CRIMINAL LAW Indecent assault and battery on child under 14 years old 265 SS-13B - -a. the victim was not yet 14 years of age at the time of the incident b. the suspect committed an assault and battery on the child. c. the assault and battery was indecent. RIGHT OF ARREST-FELONY Aggravated indecent A&B 265 SS-13B.5 - -1. the perpetrator is a mandated reporter. OR 2. when the act is committed during an attempt or actual commission of: a. Burglary or home invasion. b. breaking and entering, or entering without breaking, or breaking and entering into a dwelling house. c. Kidnapping. d. robbery. e. Assault with a dangerous weapon, assault and battery with a dangerous weapon. f. posing child in state of nudity or sexual conduct. indecent A&B on person with intellectual disability 265 SS-13F - -a. suspect committed an assault and battery on another. b. the assault and battery was indecent. c. the victim is a person with an intellectual disability: AND d. the suspect knew that the victim had an intellectual disability. RIGHT OF ARREST-FELONY. Strangulation or suffocation 265 SS-15D - -a. the suspect pressure on the throat or neck of another person b. the suspect interfered with the normal breathing or circulation of blood of the victim without having any right or excuse for doing so; AND c. they did so intentionally. RIGHT OF ARREST FELONY. Enhanced 1. if serious bodily injury. 2. the victim is pregnant and the suspect knows or has reason to know. 3. the suspect has a previous conviction of strangulation or suffocation. 4. the victim has an active restraining order against the suspect. Armed Robbery 265 SS-17 - -a. the suspect took and carried away property. b. the property was owned or possessed by someone other than the suspect. c. the suspect took the property from someone who owned or possessed it from such a person's area of control or presence. MPTC CRIMINAL LAW MPTC CRIMINAL LAW d. the suspect did so with the intent to deprive that person from the property permanently. e. by force and violence OR by assault and putting in fear AND f. the suspect did so while armed with a dangerous weapon. RIGHT OF ARREST FELONY Unarmed robbery 265 SS-19 - -Same elements as robbery without Dangerous weapon. Right of Arrest FELONY Larceny from a person 266 SS-25 - -a. the suspect took and carried away property b. the property was owned or possessed by someone other than the suspect. c. the property was taken from someone who owned or possessed it OR from that persons area of control or presence. d. the suspect did so with the intent to deprive that person of the money or property permanently. RIGHT OF ARREST FELONY Larceny from a person is a lesser offense of unarmed robbery. Unarmed assault with intent to rob or steal 265 SS-20 - -whoever not being armed with a dangerous weapon assaults another person with force or violence and with the intent to rob or steal. RIGHT OF ARREST FELONY Armed assault with intent to rob or murder 265 SS-18 - -whoever being armed with a dangerous weapon, assaults another person with intent to rob or murder RIGHT OF ARREST FELONY Criminal Harassment 265 SS-43A - -First: the suspect engaged in a knowing pattern of conduct or speech, or serious of acts on at least 3 sperate occasions. Second: that the suspect intended to target with harassing conduct or speech, or series of acts on each occasion. third: that the conduct or speech, or series of acts were of such a nature that they seriously alarmed. Fourth: that the conduct or speech, or series of acts were of such a nature that they would cause a reasonable person to suffer emotional stress AND fifth: that the suspect committed the conduct or speech, or series of acts, willfully and maliciously. RIGHT OF ARREST WARANTLESS WITH PC MPTC CRIMINAL LAW MPTC CRIMINAL LAW Stalking 265 SS-43 - -1. that over a period of time the suspect knowingly engaged in a pattern of conduct or series of acts involving at least 3 incidences directed at victim. 2. that those acts were of a kind that would cause reasonable person to suffer substantial emotional distress. 3. that those acts did cause victim to become seriously alarmed or annoyed. 4. That the suspect took those actions willfully and maliciously. 5. the commonwealth must prove beyond reasonable doubt that the suspect also made a threat with the intention of placing the victim in imminent fear of death or bodily injury. RIGHT OF ARREST FELONY Threat to commit a crime 275 SS-2-4 - -1. the suspect expressed an intent to injure the person or property of another now or in the future. 2. that the suspect intended that their threat be conveyed to a particular person. 3. that the injury that was threatened if carried out would constitute a crime AND 4. that the suspect made the threat under circumstances that could reasonably have caused the person to whom it was conveyed to fear that the suspect had both the intention and the ability to carry out the threat. RIGHT OF ARREST FELONY Larceny 266 SS-30 - -1. that the suspect took and carried away property 2. that the property was owned or possessed by someone other than the suspect AND 3. that the suspect did so with the intent to deprive that person of the property permanently RIGHT OF ARREST FELONY IF PROPERTY IS WORTH MORE THAN 1200 WARANTLESS IF PROPERTY IS LESS THAN 1200 Larceny by False pretense 266 SS-30 & 40 - -1. the suspect made a false statement of fact. 2. the suspect knew or believed that the statement was false when they made it. 3. the suspect made the statement with the intent that the person to whom it was made should rely on it as true. 4. the victim did in fact rely on the suspects statement as true AND 5. the victim parted with personal property as a result. RIGHT OF ARREST FELONY IF PROPERTY IS FIREARM OR WORTH MORE THAN 1200 WARRANTLESS IN PRESENCE IF LESS THAN 1200 Larceny by embezzlement 266 SS-30 - -1. the suspect while in a position of trust or confidence was entrusted with possession of personal property belonging to another person or entity. MPTC CRIMINAL LAW MPTC CRIMINAL LAW 2. the suspect took that property or hide it or converted it to their own use without the consent of the owner AND 3. the suspect did so with the intent to deprive the owner of the property permanently. RIGHT OF ARREST FELONY IF PROPERTY IS A FIREARM OR OVER 1200 WARANTLESS IN PRESENCE IF PROPERTY IS LESS THAN 1200 Stealing in a building 266 SS-20 - -1. that the suspect took and carried away property. 2. that at the time the property was being kept safe by virtue of being in a building. 3. that the property belonged to someone other than the suspect AND 4. That the suspect took the property with the intent to deprive the owner of the property permanently RIGHT OF ARREST FELONY Larceny by Check 266 SS-37 - -Speaks for itself its larceny by using or forging a check. RIGHT OF ARREST WARRANT IF ATTEMPTED FELONY IF SERVICE OBTAINED VALUED OVER 1200 Shoplifting 266 SS-30A - -1. the suspect intentionally a. took possession of or carried away or transferred or b. caused to be carried away or transferred retail merchandise. 2. that the merchandise was owned or possessed by someone other than the suspect AND that the suspect a. took possession, carried away, or transferred, or b. caused to be carried away or transferred that merchandise and did so with intent to 1. deprive the merchant of its possession, use, or benefit or 2. convert it to their own use without having paid full value for it. RIGHT OF ARREST WARRANTLESS with PC Felony Shoplifting Crimes - -Distribution, possession, and unlawful use of theft detection device 266 SS-30B. unlawful deactivation or removal of a theft detection device 266 SS-30B Forging retail receipt, price ticket, or upc label 266 SS-30C Organized and aggravated retail crime 266 SS-30D - -1. acting in concert with 2 or more persons. 2. within a 190 day period to, MPTC CRIMINAL LAW MPTC CRIMINAL LAW 3. steal, embezzle, or obtain by fraud, false pretense, or other illegal means retail merchandise valued at more than 2,500 to resell or reenter such retail merchandise into commerce. aggravated offense of property is values over 10,000 receiving stolen property 266 SS-60 - -1. the property in question was stolen 2. that the suspect knew that the property had been stolen AND that the suspect knowingly a. had the stolen property in their possession OR b. bought the stolen property OR c. aided in concealing the stolen property. RIGHT OF ARREST-misdemeanor if 1st offense and the value is less than 1200. Felony if it is 2nd offense or subsequent offense is valued over 1200. Breaking - -1. breaking a window. 2. forcing open a door or window. 3. opening a closed but unlocked door or window. Entering - -any physical intrusion or by reaching in by body or by any weapon or tool. Premises - -A dwelling house includes tenements, hotels, motels, institutions, sanitariums, boarding houses, apartment houses, dormitories, hospitals, a mobile home trailer, or any other place people are domiciled or may sleep. building, motor vehicle, ship, vessel, truck, and railroad cars. Nighttime - -the period beginning one hour after sunset and ending one hour before sunrise the next day B&E with intent to commit a felony 266 SS-16 - -1. that the suspect broke into a building, ship, vessel, or vehicle belonging to another person. 2. that the suspect entered that building, ship, vessel, vehicle, 3. that the suspect did so with the intent to commit a felony in that building, ship, vessel, vehicle, AND 4. that this event took place during the nighttime. RIGHT OF ARREST FELONY B&E with intent to commit misdemeanor 266 SS-16A - -a. break and enter into a building, ship, vessel, or vehicle AND b. with intent to commit a misdemeanor. RIGHT OF ARREST PRESENCE for breach of the peace or WARRANT MPTC CRIMINAL LAW MPTC CRIMINAL LAW Entering without breaking at night, breaking and entering in daytime with fear. 266 SS 17 - -a. the suspect enters building, ship, vessel, or vehicle WITHOUT breaking at nighttime OR breaks and enters in daytime a building, ship, vessel, or vehicle. b. with intent to commit a felony AND c. persons lawfully inside premise are put in fear. RIGHT OF ARREST FELONY Entering a dwelling house at night without breaking no fear 266 SS-18 - -a. enters dwelling house without breaking at nighttime OR breaks and enters building, ship, motor vehicle, or vessel in the daytime. b. with intent to commit a felony AND c. persons lawfully inside premises are NOT put in fear. RIGHT OF ARREST-FELONY Armed Assault inside dwelling 265 SS-18A - -1. that the suspect entered dwelling that was not Thier own while armed with a dangerous weapon. 2. that suspect assaulted another person while inside the dwelling AND 3. the assault was committed with the specific intent to commit a felony. RIGHT OF ARREST FELONY Unarmed Burglary 266 SS-15 - -a. breaks and enters dwelling house at night b. with intent to commit a felony AND c. is not armed with dangerous weapon and does not assault a lawful occupant. RIGHT OF ARREST FELONY Armed burglary 266 SS-14 - -a. breaks and enters a dwelling house at night b. with intent to commit a felony AND 1. is armed with a dangerous weapon beforehand OR 2. arms himself after making entry OR 3. assaults lawful occupant RIGHT OF ARREST FELONY Entry of dwelling place; persons present within (Home Invasion) 265 SS-18C - -a. knowingly enters dwelling of another person while armed with a dangerous weapon. b. knowing or having reason to know that one or more persons is inside OR enters without knowledge of persons inside, but remains inside after learning someone is inside; and c. uses or threatens the imminent use of force inside upon anyone inside; OR intentionally causes injury to persons inside. RIGHT OF ARREST FELONY MPTC CRIMINAL LAW MPTC CRIMINAL LAW Burglarious tools 266 SS-49 - -1. that the suspect knowingly possessed a tool. 2. that such tool or implement could reasonably be used to break into a building, room, vault, safe, or place for keeping valuables. 3. that the suspect knew that the tool or implement could reasonably be used for that purpose; 4. that the suspect intended to use the tool or implement for that purpose; 5. that the suspect had the specific intention of stealing from or committing a crime in that place. RIGHT OF ARREST FELONY Defacing or damaging property 266 SS-126A - -1. that the suspect painted, marked, scratched, etched, injured, marred, defaced, or destroyed property. 2. that the suspect did so intentionally. 3. that the suspect did so either willfully with malice or wantonly AND 4. that the property was owned or possessed by someone other than the suspect. RIGHT OF ARREST FELONY Tresspassing 266 SS-120 - -1. that without right, the suspect entered or remained in a dwelling house, in a building, on a boat, or on improved or enclosed land of another AND 2. that the suspect was forbidden to enter or to remain there by the person in lawful control of the premises, either directly or by means of a posted notice RIGHT OF ARREST PRESENCE or WARRANT False written reports by public officers or employees 268 SS-6A - -Whoever, being an officer or employee of the commonwealth or of any political subdivision thereof or of any authority created by the general court, in the course of his official duties executes, files or publishes any false written report, minutes or statement, knowing the same to be false in a material matter, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. RIGHT OF ARREST WARRANT. Resisting Arrest 268 SS 32B - -1. the suspect prevented or attempted to prevent a police officer from making an arrest of the suspect or of another person. 2. that the officer was acting under color of their official authority at the time; 3. that the suspect resisted either a. by using or threatening to use, physical force or violence against the police officer or another person OR MPTC CRIMINAL LAW MPTC CRIMINAL LAW b. by using some other means which created a substantial risk of causing bodily injury to the police officer or another person AND 4. that the suspect did so knowingly that is to say, that the suspect knew at the time that they were acting to prevent an arrest by a police officer acting under the color of their official authority. Disorderly conduct 272 SS-53 - -1. the suspect involved in at least one of the following actions. -engaged in fighting or threatening OR -engaged in violent or TUMULTOUS BEHAVIOR OR -created a hazardous or physically offensive condition by an act that served no legitimate purpose of the suspect's 2. the suspects actions were reasonably likely to affect the public AND 3. the suspects either intended to cause public inconvenience, annoyance or alarm, or recklessly created a risk of public inconvenience, annoyance or alarm. RIGHT OF ARREST-PRESENCE if in public Disturbing the Peace 272 SS-53 - -1. that the suspect engaged in conduct that most people would find to be unreasonably disruptive, such as -making loud and disturbing noise OR -tumultuous or offensive conduct OR -hurling objects in a populated area OR -threatening, quarreling, fighting, or challenging others to fight OR -uttering personal insults that amount to fighting words, that is, are so offensive that they are inherently likely to provoke an immediate violent reaction. 2. that the suspects actions were done intentionally, and not by accident or mistake AND 3. that the suspect did in fact annoy or disturb at least ONE person. RIGHT OF ARREST PRESENCE in public Keeping a Noisy and Disorderly House 272 SS53 - -a. the suspect kept and maintained, that is, had in whole or in part the direction, control and management of the premises; b. that the premises was a common nuisance, as a common, ill-governed and disorderly house; AND c. that the suspect so conducted the place as to be reasonable therefore the nuisance may consist in allowing the place to be so noisy and disorderly as to disturb the public peace and annoy the neighborhood. Presence in public/Warrant following multiple reported incidences. Rifle - -having a rifle bore with a barrel length equal to or greater than 16 inches and capable of discharging a shot or bullet for each pull of the trigger. MPTC CRIMINAL LAW MPTC CRIMINAL LAW semi-automatic - -capable of using a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and requiring a separate pull of the trigger to fire each cartridge. firearm - -a stun gun or a pistol, revolver, or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun originally manufactured. under mass law the firearm must be a working firearm. shotgun - -a weapon having a smooth bore with a barrel length equal to or greater than 18 inches with an overall length equal to or greater than 26 inches and capable of discharging a shot or bullet each trigger press. Possession of a fire arm without a license outside a home or business 269 SS10A Outside the home - -1. that the suspect possessed an item or that they had the item under their control in a vehicle. 2. that the item the suspect possessed or had under their control in a vehicle met the legal definition of a firearm AND 3. that the suspect knew that they possessed the firearm or had the firearm under their control in a vehicle. 4. that the suspect possessed the firearm outside their residence or place of business. 5. the suspect did not have a valid license to possess a firearm outside their home or office or qualify for some other exception under the law. RIGHT OF ARREST FELONY 3 requirements of a firearm - -1. it must be a weapon. 2. it must be capable of discharging a shot or bullet. 3. it must have a barrel length of less than 16 inches. Unlawful possession of a firearm or ammunition 269 SS-10H - -1. that the suspect possessed the item. 2. that the item meets the legal definition of a firearm and/or ammunition AND 3. that the suspect knew that they possessed the firearm AND 4. that the suspect did not have a valid LTC OR FID. RIGHT OF ARREST on PC Possession of a loaded firearm 269 SS10N - -if the firearm is loaded the suspect shall be further punished by imprisonment in the HOC for not more than 2.5 years. Possession of a silencer. 269 SS-10A - -Possession of any instrument made to lesson or muffle the noise of firing any gun. RIGHT OF ARREST FELONY MPTC CRIMINAL LAW MPTC CRIMINAL LAW Sawed-off Shotgun 269 SS-10C - -any weapon made from a SHOTGUN by alteration with one or more barrels made being less 18 inches in length and overlength of less than 26 inches. RIGHT OF ARREST FELONY Large capacity Firearm 269 SS-10M - -any firearm, rifle, or shotgun that has a magazine or cartridge that hold more than 10 rounds. shotgun that holds more the 5 rounds any semi-automatic with a fixed or removable large capacity feeding device. RIGHT OF ARREST FELONY Carrying a shotgun or rifle on a public way 269 SS12D - -no person shall unless exempted by law; 1. carry on any public way 2. a loaded rifle or shotgun OR 3. unloaded rifle or shotgun unless it is in an enclosed case. RIGHT OF ARREST PRESENCE Discharging a firearm within 500 ft of building 269 SS-12E - -when you fire a firearm within 500 feet of a building... RIGHT OF ARREST WARRANT. Carrying a loaded firearm under the influence 269 SS-10H - -it is illegal to carry or have on a person, or in one's control while under the influence of drugs or alcohol a *LEGALLY licensed *LOADED firearm. RIGHT OF ARREST WARRANT firearm with defaced serial number 269 SS-11C - -1. the item is a firearm. 2. the suspect knew it was a firearm. AND 3. the suspect intentionally removed, defaced, altered, obliterated, or mutilated in some manner a serial or identification number on the firearm. RIGHT OF ARREST WARRANT Receiving firearm with defaced serial number - -same elements as Firearm with a defaced serial number but the suspect instead received the firearm and knew that the Firearm was defaced when they received it. MPTC CRIMINAL LAW MPTC CRIMINAL LAW RIGHT OF ARREST WARRANT Indecent Exposure 272 SS-53 - -1. that the suspect exposed their genitals to one or more persons; 2. that the suspect did so intentionally; AND 3. that one or more persons were offended by the suspects exposing themselves. RIGHT OF ARREST PRESENCE if in a public place. *the crime of indecent exposure does not have to happen in a public place. ie: public breastfeeding is not indecent exposure. Lewd and lascivious act 272 SS-53 - -1. the suspect committed or publicly solicited another person to commit a sexual act. 2. that the sexual act involved touching the genitals or buttocks, or female breasts. 3. that the suspect did this either for the purpose of sexual arousal or gratification or for the purpose of offending other people AND 4. that the sexual act was or was to be committed in a public place. that is a place where the suspect either intended public exposure or recklessly disregarded a substantial risk of public exposure at the time and under those circumstances, to others who might be offended by such conduct. RIGHT OF ARREST PRESENCE if in a public place. Annoying or accosting persons 272 SS53 - -1. the suspect knowingly engaged in an offensive and disorderly act or acts, or offensive and disorderly language to a person. 2. that the suspect intended to direct that conduct and/or language to a person. 3. that person was aware of the suspect conduct and/or language AND 4. that this conduct would be offensive and disorderly to a reasonable person. RIGHT OF ARREST PRESENCE if in public place. Open and gross lewdness and lascivious behavior 272 SS16 - -1. the suspect exposed Thier genitals, buttock, or female breast to one or more persons. 2. that the suspect did so intentionally. 3. the suspect did so openly, either they intended public exposure or they recklessly disregarded a substantial risk of public exposure, to others who might be offended by such conduct. 4. that the suspect act was done in such a way as would alarm or shock a reasonable person AND 5. that at least ONE person was alarmed or shocked. RIGHT OF ARREST FELONY *shock and including buttocks should make this charge apparent. MPTC CRIMINAL LAW MPTC CRIMINAL LAW Engaging in sexual conduct for a fee 272 SS53A - -1. the suspect either engaged or agreed to engage, or offered to engage, in sexual conduct with another person AND 2. the sexual conduct was or was to be done in return for a fee. *Sex does not have to occur RIGHT OF ARREST PRESENCE if in public place Secret Sexual Surveillance 272 SS105 - -TYPE 1: Photographing or videotaping a nude or partially nude person: This is pretty self-explanatory you'll know it when you see on the exam. It amounts to a suspect unknowingly capturing someone's image nude or partially nude without consent. Upskirting: Same as Photographing or videotaping a nude or partially nude person but you do so around the person clothing. RIGHT OF ARREST WARRANTLESS with PC. Type 2 Once you disseminate these images to others it then becomes a FELONY Possession of child pornography 272 SS-29C - -1. suspect knowingly purchased or possessed images AND 2. the image is of a person under the age of 18 and of a pornographic nature. 3. the suspect knew or reasonably should have known that the person in the image was under the age of 18 AND 4. that the suspect knew the nature or content of the images. RIGHT OF ARREST FELONY. 1st degree murder - -A murder that involves elements like deliberate planning, premeditation, or malice. Deliberate means that the defendant makes a clear-headed decision to kill the victim. Premeditation involves showing the defendant actually thought about the killing before it occurred. 2nd degree murder - -A murder that doesn't have any kind of premeditation and may only have been intended to cause harm, rather than death. Felony murder falls in this category it is a murder that results from the commission of another felony. MPTC CRIMINAL LAW Sale, delivery or furnishing alcoholic beverages to persons under 21 138 SS-34 - -1. That the suspect knowingly or intentionally supplied, gave, or provided a beverage to someone, or allowed someone to possess a beverage on premises or property owned or controlled by the suspect; 2. That the person to whom the beverage was furnished was under 21 years of age; 3. That the beverage in question was alcohol AND 4. That the suspect knew the beverage was alcohol or an alcoholic beverage. RIGHT OF ARREST WARRANT Possession by persons under 21 years old 138 SS-34C - -No one under 21 years of age shall knowingly possesses, transport, or carry an alcoholic beverage unless they are accompanied by a parent or legal guardian. MGL 265 - -Crimes against the person MGL 266 - -Crimes against property MGL 269 - -Crimes against public peace (FIREARMS) MGL 275 - -Felonies, Accessories and Attempts To Commit Crimes Incapacitated persons; assistance to facility or protective custody 111B SS8 - -No person assisted to a police station pursuant to this section shall be held in protective custody against his will; provided, however, that if suitable treatment at a facility is not available, an incapacitated person may be held in protective custody at a police station until he is no longer incapacitated or for a period of not longer than twelve hours, whichever is shorter. MGL 138 - -Alcoholic Liquors (Alchol Laws) MGL 272 - -Crimes against Chastity, Morality, Decency and Good Order (Sexual Acts) MPTC CRIMINAL LAW