WESTFIELD – No charges were filed after city police responded to a Tow Path Lane address early Sunday in response to a neighbor’s report of persons cavorting outside in their birthday suits.
An emergency dispatcher reports a 7:31 caller on Sunday morning complained that two adults were running around outside naked, in plain view of her visiting young grandchildren.
Officer Efrain Luna was dispatched and reports that when he knocked at the door at the suspect residence it was answered by a resident’s sister who said she was “shocked as to what happened.”
The woman said that her sister and her sister’s boyfriend had been drinking all night and had “acted in an unprofessional manner.”
Luna said that he spoke with the two participants, who were in bed, and advised them of the possible consequences of their actions.
Under Massachusetts General Laws, intentional public nakedness could result in either a misdemeanor charge, indecent exposure, or a felony, open and gross lewdness.
The difference is generally marked by the intention of the perpetrator and the reaction of the viewer.
The felony charge is usually applied for persons whose intent to is to expose themselves to the unwary and when the experience results in shock or distress for the viewer.
The penalty for conviction of the felony charge is a state prison term of not more than three years or a jail term of not more than two years or by a fine of not more than three hundred dollars.
Upon conviction of the misdemeanor charge, a sentence of not more than a six month term in jail and/or a fine of as much as $200 may be imposed.
