Commonwealth v. Grafton

*717After a jury trial, the defendant was convicted of disconnecting and removing fire protection devices -- smoke detectors -- in violation of G. L. c. 148, § 27A.1 The statute requires that such devices may not be removed or disconnected without a permit.2 The defendant appeals, arguing that, because the procurement of a permit is an element of the crime, the judge *718erred in denying his motion for a required finding of not guilty and in improperly instructing the jury. The issue is whether failure to obtain a permit to remove the fire protection devices is an element of the offense -- which the…