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Former Massachusetts Cop Charged With Open And Gross Lewdness, Assault And Battery

On January 18, 2009, while at a Metallica concert Brewster, Massachusetts police officer Joseph Houston was throw out of the Boston Garden after urinating on another concertgoer. Houston then tried to get back into the concert by flashing his police badge. According to earlier reports Houston was told that if he did not leave the concert he would be charged with trespassing. Houston again tried to use his badge to regain entry to the Garden. Failing to heed the second warning Houston tried to again to go back into the concert. He was arrested. Later, the parents of the person on whom he urinated reported that incident to the Boston police and charges ultimately issued. Now, Houston in charged with assault and battery and open and gross lewdness.

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The most serious charge Houston faces is the open and gross lewdness. In Massachusetts this is a felony in accordance with Massachusetts General Laws Chapter 272 Section 16. There is a maximum three year state prison sentence that can be imposed if the case is prosecuted in the Superior Court. This case will most likely be handled in the Boston Municipal Court where Houston can be sentenced to no more than two years in the house of correction.

To convict someone of this crime the district attorney must prove five elements beyond a reasonable doubt. 1) that the defendant exposed his genitals to one or more persons, 2) that this was intentional, 3) that he intended public exposure, 4) that the act was done in a way to produce shock and 5) that someone was in fact shocked by the act.


The Law Offices of Stephen Neyman has been defending sex crimes such as this throughout Massachusetts for over twenty years. These charges are quite serious and it is recommended that if you are charged with one of these offenses you hire a skilled and experienced lawyer to defend you as the defendant in this case has done. We have successfully handled these cases in Lowell, Woburn, Malden and throughout Massachusetts.

Our office can be reached 24 hours per day 7 days per week by calling 617-263-6800 or you can contact us online.

Si usted habla espaƱol contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.