GENERAL LAWS OF MASSACHUSETTS
CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
CRIMES AND PUNISHMENTS
CHAPTER 272. CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER
Chapter 272: Section 16 Open and gross lewdness and lascivious behavior
Section 16. A man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious
behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars.
Chapter 272: Section 29A. Posing or exhibiting child in state of nudity or sexual conduct; punishment
Section 29A. (a) Whoever, either with knowledge that a person is a child under eighteen years of age or while in
possession of such facts that he should have reason to know that such person is a child under eighteen years of
age, and with lascivious intent, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or
knowingly permits such child to pose or be exhibited in a state of nudity, for the purpose of representation or
reproduction in any visual material, shall be punished by imprisonment in the state prison for a term of not less than
ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.
(b) Whoever, either with knowledge that a person is a child under eighteen years of age or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, hires,
coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to participate or engage in any act that depicts, describes, or represents sexual conduct for the purpose of
representation or reproduction in any visual material, or to engage in any live performance involving sexual conduct, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty
years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.
(c) In a prosecution under this section, a minor shall be deemed incapable of consenting to any conduct of the defendant for which said defendant is being prosecuted.
(d) For the purposes of this section, the determination whether the person in any visual material prohibited hereunder is under eighteen years of age may be made by the personal testimony of such person, by the testimony
of a person who produced, processed, published, printed or manufactured such visual material that the child therein was known to him to be under eighteen years of age, or by expert medical testimony as to the age of the
person based upon the person's physical appearance, by inspection of the visual material, or by any other method authorized by any general or special law or by any applicable rule of evidence.
Chapter 272: Section 53 Penalty for certain offenses
Section 53. Common night walkers, common street walkers, both male and female, common railers and brawlers,
persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, idle and disorderly persons, disturbers of the peace, keepers
of noisy and disorderly houses, and persons guilty of indecent exposure may be punished by imprisonment in a jail
or house of correction for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment.
U.S. FEDERAL LAW
Specific to National Parks
36 CFR § 2.34 Disorderly conduct.
(a) A person commits disorderly conduct when, with intent to cause public alarm, nuisance, jeopardy or violence, or knowingly or recklessly creating a risk thereof, such person commits any
of the following prohibited acts:
(1) Engages in fighting or threatening, or in violent behavior.
(2) Uses language, an utterance, or gesture, or engages in a display or act that is obscene, physically
threatening or menacing, or done in a manner that is likely to inflict injury or incite an immediate breach of the peace.
(3) Makes noise that is unreasonable, considering the nature and purpose of the actor's conduct, location,
time of day or night, and other factors that would govern the conduct of a reasonably prudent person under the circumstances.
(4) Creates or maintains a hazardous or physically offensive condition.
(b) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a
park area that are under the legislative jurisdiction of the United States.
Specific to Cape Cod National Seashore
[Code of Federal Regulations] [Title 36, Volume 1] [Revised as of July 1, 2001] From the U.S. Government Printing
Office via GPO Access
[CITE: 36CFR7.67] page 117-118
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER I
NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
Sec. 7.67 Cape Cod National Seashore.
(13) (e) Public nudity. Public nudity, including public nude bathing, by any person on Federal land or water within
the boundaries of Cape Cod National Seashore is prohibited. Public nudity is a person's intentional failure to cover
with a fully opaque covering that person's own genitals, pubic areas, rectal area, or female breast below a point immediately above the top of the areola when in a public place. Public place is any area of Federal land or water
within the Seashore, except the enclosed portions of bathhouses, restrooms, public showers, or other public structures designed for similar purposes or private structures permitted within the Seashore, such as trailers or
tents. This regulation shall not apply to a person under 10 years of age.
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