MASSACHUSETTS LAW - CRA AND THE STUBBORN CHILD - AN EARLY DEFINITION

Here is an early case defining stubborn child under a prior procedure. Basically, viewed in the light most favorable to the child, she was alleged to get angry, slam doors, curse, and talk to boys...or IMHO, she was alleged to be a teenager.

 Commonwealth v. Brasher, 270 NE 2d 389 - Mass: Supreme Judicial Court 1971:

"The elements of the crime which was established by the Colonial law of 1654 and which is now simply identified by use of the words "stubborn children" in G.L.c. 272, § 53, are ascertainable upon examination and consideration of the entire series of statutes on the subject. The 1654 statute made criminal the disobedience by children and servants toward their parents, masters, and governors. After 245 years of experience with that statute and its successor statutes dealing with stubborn children, the Legislature in 1899 enacted a simplified form of complaint for this crime and it has now been in use for about seventy-two years.

The elements which the Commonwealth is required to prove beyond a reasonable doubt in order to constitute the crime commonly identified by use of the words "stubborn children" are the following: (a) that a person having authority to give a child under the age of eighteen lawful and reasonable commands which such child is bound to obey gave such a command to a child; (b) that the child refused to submit to the command, and the refusal was stubborn in the sense that it was wilful, obstinate and persistent for a period of time. The person giving the command is usually one of the child's parents, but it may be another person, as it was in this case. The defendant does not question that such other person, on the particular facts of this case, occupied such a position toward the defendant that he was authorized to give her lawful and reasonable commands which she was bound to obey. Single, infrequent or isolated refusals to obey such commands do not constitute a crime. Neither do manifestations of stubbornness which do not amount to refusals to obey commands. The law clearly does not make mere expressions of disagreement or differences of views or opinions between parent and child a crime on the part of the child. But it does not permit or 556*556 excuse stubborn refusals by children to obey reasonable and lawful commands of their parents or persons similarly situated on a claim that it is merely the exercise of a right of dissent.

....

3. The only remaining issue raised[2] is whether the evidence was sufficient, if believed, to constitute proof of the elements of the offence charged in the complaint. We hold that it was. In its light most favorable to the prosecution, the evidence permitted the trial judge, sitting without jury, to find the following facts. The defendant lived at the Deaconess Home where the complainant, Michael T. Walsh, was employed. On May 2, 1969, the defendant was to see a doctor for a complete physical examination and she refused to do so. On that same occasion she became a little angry, slammed a few doors, and refused to obey the request of the house mother not to slam doors and not to 559*559 swear. At a staff meeting of the home the defendant was placed in group 4 which is a nonprivilege group. On several occasions she was away from the home with knowledge that she should have been at the home. At some time she was outside the home, probably talking with the boys, and she knew she was not to be outside the home. She had several temper outbursts during which she would not respond to commands of the house parents. On May 2, 1969, and on other occasions she used vile and vulgar language of a kind formerly used only by common railers engaged in gutter brawls. It need not be spread on our permanent records. That language was used at times contemporaneously with the defendant's disobedience of the orders of those in charge of the home and it forms a part of the setting in which the disobedience occurred. The evidence was sufficient to support the finding of the judge that the defendant was delinquent by reason of her stubborn refusal to submit to the lawful and reasonable commands of a person whose commands she was bound to obey.

Exceptions overruled.

[1] General Laws c. 272, § 53, as amended through St. 1959, c. 304, § 1, provides: "Stubborn children, runaways, common night walkers, both male and female, common railers and brawlers, persons who with offensive and disorderly act or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, idle and disorderly persons, prostitutes, disturbers of the peace, keepers of noisy and disorderly houses and persons guilty of indecent exposure may be punished by imprisonment in a jail or house of correction for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment."

[2] The defendant's brief contains an argument that because the proceedings against her were brought under G.L.c. 119, §§ 52-59, rather than under §§ 24-29 of the same chapter, she was denied the equal protection of law. It is not shown by the record before us that this question was raised before the trial judge but, if it was, it is without merit. Sections 24-29 relate to children who because of the death, absence, unavailability, incompetence or neglect of parents or guardians are in need of care, and they authorize the placing of such children in the custody of the Department of Public Welfare. By contrast, proceedings under §§ 52-59 are brought against children who are alleged to be delinquent by reason of their own misconduct in violating one of the criminal laws. This different treatment of children under the different sections of the statute is based on a reasonable distinction between those in need of care by reason of parental default or neglect, and those in need of discipline by reason of their own violation of a criminal law. This does not violate the defendant's constitutional right to the equal protection of law."