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I found this on today from mass.gov/courts/courtsandjudges/courts/districtcourt/jury-instructions/criminal/pdf/7340-indecent-exposure.pdf INDECENT EXPOSURE In order to prove the defendant guilty of this offense, the Commonwealth must prove three things beyond a reasonable doubt: First: That the defendant exposed his (her) (genitals) to one or more persons; Second: That the defendant did so intentionally; and Third: That one or more persons were offended by the defendant’s thus exposing himself (herself). G.L. c. 272, § 53. See Instruction 3.120 (Intent). See also Instruction 7.400 (Open and Gross Lewdness and Lascivious Behavior, G.L. c. 272, § 16); Instruction 7.500(Unnatural and Lascivious Act, G.L. c. 272, § 35); and Instruction 7.380 (Lewd, Wanton and Lascivious Act, G.L. c. 272, § 35). NOTE: 1. Limited to exposure of genitalia. The misdemeanor of indecent exposure (G.L. c. 272, § 53) is applicable only to exposure of the genitalia, and not to exposure of the genital area, pubic hair, buttocks, or female breasts. Commonwealth v. Arthur, 420 Mass. 535, 650 N.E.2d 787 (1995). By contrast, the separate felony offense of open and gross lewdness and lascivious behavior (G.L. c. 272, § 16), includes the intentional exposure of genitalia, buttocks, or female breasts, but has the additional element that it must be done in such a way as to produce actual alarm or shock. See Commonwealth v. Quinn, 439 Mass 492, 789 N.E.2d 138 (2003); Commonwealth v. Fitta, 391 Mass. 394, 396, 461 N.E.2d 820, 822 (1984) (unlike open and gross lewdness, the crime of indecent exposure does not require that it be done in such a way as to produce alarm or shock); Commonwealth v. Broadland, 315 Mass. 20, 21-22, 51 N.E.2d 961, 962 (1943) (indecent exposure involves “an intentional act of lewd exposure, offensive to one or more persons”); Commonwealth v. Bishop, 296 Mass. 459, 462, 6 N.E.2d 369, 370 (1937) (offense need not be in public place or involve exposure to more than one person).

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