Legal Opinion

Commonwealth v. Almeida

Massachusetts Appeals Court

Decided March 27, 2013No. 11-P-1745PublishedCited by 1 opinion

1Opinion of the CourtKafker, J.

In this case, we address an issue raised but not resolved in Commonwealth v. Suave, 460 Mass. 582 (2011) (Suave). In Suave, the court held that civil confinement as a sexually dangerous person (SDP) under G. L. c. 123A (statute) cannot be based, as a general rule, on the likelihood of noncontact sexual offenses alone. See id. at 588. But the court further stated that such noncontact offenses may be committed in a menacing manner that satisfies the statutory requirements if they will “objectively put [a] victim in fear of bodily harm by reason of . . . a contact sex crime.” Ibid. Mindful of…

2Cases cited20 opinions

  1. Kansas v. HendricksSupreme Court of the United States · 1997
  2. Foucha v. LouisianaSupreme Court of the United States · 1992
  3. Kansas v. CraneSupreme Court of the United States · 2002
  4. Commonwealth v. BrunoMassachusetts Supreme Judicial Court · 2000
  5. Aime v. CommonwealthMassachusetts Supreme Judicial Court · 1993

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3Cited by1 opinion

  1. Commonwealth v. AlmeidaMassachusetts Supreme Judicial Court · 2014

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