Commonwealth v. Taranovsky

*400 As pertinent here, the statute punishing "open and gross lewdness and lascivious behavior," G. L. c. 272, § 16, has remained unchanged for more than 230 years. See Commonwealth v. Quinn , 439 Mass. 492 , 495 & n.7, 789 N.E.2d 138 (2003), citing St. 1784, c. 40, § 3. However, during that time, the definition of the crime has "evolved through our decisional law." Commonwealth v. Maguire , 476 Mass. 156 , 158, 65 N.E.3d 1160 (2017). The Maguire decision represents the most recent "judicial construction" of the statute. Id . at 161, 65 N.E.3d 1160 , quoting from Commonwealth v. Ora , 451 Mass.…