Commonwealth v. Blackmer

The defendant appeals from his conviction after a *475Superior Court jury trial of one count of open and gross lewdness and lascivious behavior, G. L. c. 272, § 16, and one count of being lewd, wanton, and lascivious in behavior, G. L. c. 272, § 53, for an incident that occurred on the Smith College campus. We are asked to consider whether public masturbation, without exposure of the defendant’s genitalia or buttocks, is punishable under G. L. c. 272, § 16. Because we hold that it is not, we reverse the defendant’s conviction of open and gross lewdness and lascivious behavior only, and affirm his…