Commonwealth v. Quinn

Marshall, CJ.

In April, 2001, the defendant, Patrick Quinn, was charged in the West Roxbury Division of the District Court Department with “open and gross lewdness” in violation of G. L. c. 272, § 16.1 After denying the defendant’s motion to *493dismiss,* 2 3the judge reported two questions of law to the Appeals Court pursuant to Mass. R. Crim. R 34, 378 Mass. 905 (1979):3 (1) “Is exposure or attempted exposure of genitalia an essential element of an open and gross lewdness offense prosecuted under G. L. c. 272, § 16?”; and (2) did the defendant “have fair notice that exposure of ‘thong’ clad…