Anyone aware of a case or cases where the term or concept of what constitutes "disturbing" consists of? Law follows:
"CHAPTER 268. CRIMES AGAINST PUBLIC JUSTICE
Chapter 268: Section 30 Disturbing correctional institutions or jail; attracting attention of, or communicating with, inmates
Section 30. Whoever wilfully disturbs any correctional institution of the commonwealth, the Lyman school, industrial school for boys, industrial school for girls, or a jail or house of correction, or in any manner seeks to attract the attention of, or without the permission of the officer in charge has communication with, an inmate thereof, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than three months."
Posted by: PearlOnyx
I didn't think that I'd get too much of a response on this one. Basically what I am looking for, are cases which define what "disturbing" is. Does a simple fight which causes a brief facilty reponse constitute "disturbing" or does this require a larger "disturbance". It's a little vague.
Posted by: Irish Wampanoag
I would say that this law pertains to visitors non correctional employees and or guests.
I do agree it could be utilized for inmates who are in solitary or inmates who are or about to cause a riot or fight etc.... this law looks like the corrections equivalent to disturbing the peace.
Not sure but just a thought???
Posted by: PearlOnyx
As it doesn't make any sort of difference between guests and visitors, I would think it would actually apply to inmates. Visitors in reality would have little opportunity to disturb the actual facility, whereas this appears to be far more applicable to inmates. Visitors causing a ruckus could be locked up under a variety of "the usual" charges.
Posted by: Future Cop
I would have to say that "disturbing" would include any deliberate act that disrupts the "normal" operations of the facility.
Posted by: PearlOnyx
Future,
That's what I'm shooting for, but I'm looking for some case law to back up my argument.
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