Instruction 7.200, Criminal Model Jury Instructions for Use in the District Court

DISTURBING THE PEACE

The defendant is charged with disturbing the peace. In order to prove

the defendant guilty of this offense, the Commonwealth must prove three

things beyond a reasonable doubt:

First: That the defendant engaged in conduct which most people

would find to be unreasonably disruptive, such as (making loud and

disturbing noise) (tumultuous or offensive conduct) (hurling objects in a

populated area) (threatening, quarreling, fighting, or challenging others to

fight) (uttering personal insults that amount to fighting words, that is, are

so offensive that they are inherently likely to provoke an immediate violent

reaction);

Second: That the defendant’s actions were done intentionally, and

not by accident or mistake; and

Third: That the defendant did in fact annoy or disturb at least one

person.

To amount to disturbing the peace, the defendant’s acts must have

been voluntary, unnecessary, and contrary to normal standards of conduct.

You should consider all the circumstances, including such important

factors as time and location, in determining whether the defendant

disturbed the tranquility of at least one person in that area, or interfered

with at least one person’s normal activity.

See Instruction 3.120 (Intent).

G.L. c. 272, § 53. Commonwealth v. Orlando, 371 Mass. 732, 733-736, 359 N.E.2d 310, 311-313

(1977) (definition; statute not unconstitutionally vague or overbroad); Commonwealth v. Jarrett, 359

Mass. 491, 269 N.E.2d 657 (1971); Commonwealth v. Oaks, 113 Mass. 8, 9 (1847); Commonwealth

v. Piscopo, 11 Mass. App. Ct. 905, 905, 414 N.E.2d 630, 631 (1981) (fact that police were called will

support inference that citizens of neighborhood were disturbed).