With no explanation, chose the best option from "A", "B", "C" or "D". in the light most favorable to the Commonwealth to determine whether any rational jury could have found the essential elements of the crime beyond a reasonable doubt.” Commonwealth v. Ruci, 409 Mass. 94, 96 (1991) citing Commonwealth v. Latimore, supra at 676-677. The five elements of the offense of open and gross lewdness and lascivious behavior appear in Instruction 5.42 of the Model Jury Instructions for Use in the District Court (1988). While G. L. c. 272, § 16, does not itself define “open and gross lewdness and lascivious behavior,” these five elements were generated by our case law. See, e.g., Commonwealth v. Fitta, 391 Mass. 394, 396 (1984) (defendant’s act must be committed “in such a way as to produce alarm or shock”); Commonwealth v. Adams, 389 Mass. 265, 271-272 (1983) (<HOLDING>); Commonwealth v. Catlin, 1 Mass. 8, 10 (1804)

A: holding that case law had made clear that masturbating in car on public road was sufficiently open
B: holding that mere use of a road will not make a road a public road even though such use is with the knowledge and consent of the landowner unless the use is accompanied by  recognition by public authority or by its maintainance sic
C: holding that a road not open to the public at all times was not a highway
D: holding road was still a public highway although fifty years had passed since the road was used by the public
A.