Case Results » Open and Gross Lewd and Lascivious Behavior

In April and May of 2023 our client was arrested and charged with open and gross lewdness, a felony in Massachusetts governed by G.L. c. 272 section 16. The allegations in both cases are very similar. In the first case, our client was driving through suburban Boston city street. He pulled up to a stop sign and got the attention of a young woman. When she approached his car she noticed that he had no pants on, his penis was exposed and erect. As to the second case, the victim reported that our client engaged in similar conduct however this time he was manipulating his erect penis. The cases were joined for pretrial purposes. We had our client meet with a forensic psychologist, something that we often recommend in cases like this one. The doctor identified triggers for our client prompting this type of behavior. Moreover, with therapy and abstention from the substances that cause this behavior the doctor believed that this would not happen again. Consequently, the judge agreed to continue these matters without a finding (CWOF). Provided our client remains free from criminal legal problems the case will be dismissed. 

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Our client is a physician with a large practice in a Boston suburb. A few months ago, on a weekend day, he was in his office engaging in sexual acts with a woman. The business is closed on weekends. When he got to the building only his car and the woman's were in the parking lot. The sexual acts were conducted in the office with the shades partially open. Two women parked in the lot and walked towards the door of the building. They observed the two having sex and called the police. For some unknown reason, our client alone was charged with open and gross lewdness under G.L. c. 272 section 16. This is a felony in Massachusetts. We filed a motion to dismiss the charges arguing that the law requires the act to be intentionally directed to someone. Here, the defendant and the woman had no idea that they were being watched nor were they acting recklessly so as to disregard a substantial risk of public exposure. The judge agreed with our argument and dismissed the case. 

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In July of 2022 a woman walked into a police station to report a sex crime. She worked at a local coffee shop. One of the regular patrons went into the establishment and displayed his genitals. Apparently he had this two times prior to co-workers. Video evidence led the police to the man who was arrested and charged with open and gross lewdness under G.L. c. 272 section 16. Our office succeeded in getting him pretrial probation under G.L. c. 276 section 87. In a few months this case will be dismissed. 

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Our client is an electrician working on residential and commercial projects. Many of his jobs require a background check and any criminal history results in his inability to work on that job. In September of 2021 a female college student flagged down a police officer and complained that a man in a parked car pulled out his penis and began to masturbate in front of her. The police approached the vehicle and made contact with the driver. The victim made a positive identification and the man was interrogated. He admitted to doing what the woman claimed he did. He later received a summons for a clerk magistrate hearing seeking to charge him with open and gross lewdness in violation of G.L. c. 272 section 16, a felony in Massachusetts. We appeared and defended the man at the hearing. Our presentation convinced the clerk not to issue the complaint. Instead, it will be held for a period of time and dismissed provided that the man not get into any criminal legal trouble. 

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In December of 2021, after some frantic banging on a window and door, a woman looked out of the window and observed a man masturbating aggressively. She called the police. The responding officers obtained a description of the man and located him a block away at a bar. A show up identification was made and the man was positively identified. He was charged with open and gross lewdness under G.L. c. 272 section 16. This is a felony in Massachusetts and can serve a a predicate to an obligation to register as a sex offender. Our office had the man evaluated by a forensic psychologist whose report convinced the judge to agree with our request to impose a continuance without a finding (CWOF). All charges against the man will be dismissed in a few months provided he remains free of all criminal legal troubles. 

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Earlier this year a woman and her daughter were getting coffee in a Dunkin Donuts adjacent to a major highway. When the left the store to enter their car they observed a young man masturbating while seated in his car in broad daylight. The women immediately called 911. The driver quickly left the parking lot. They gave the police the man's license plate and a description of him. The police located the man and obtained a very detailed confession. They then arrested the man and charged him with open and gross lewdness, a felony under G.L. c. 272 section 16. Attorney Neyman was immediately hired. We moved the arraignment back several months to get an evaluation for our client from a forensic psychologist. The evaluation convinced the district attorney's office that our client was not a danger to the community, rather he suffered from depression stemming from anxiety during the COVID pandemic. Pre-arraignment diversion under G.L. c. 276A was agreed to. After successfully completing the young adult diversion program all charges against our client were dismissed prior to arraignment. 

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In July of 2020 police in an upscale Boston suburb responded to a call for a man walking naked, screaming obscenities and vomiting in a trash barrel. The act was repeated less than two weeks later. Both times the man was arrested and charged with open and gross lewdenss. This is a felony in Massachusetts under G.L. Chapter 272 section 16. A conviction would require sex offender registration. From the start our office contended that the case was over charged. Open and gross lewdness is a specific intent crime. Medical records demonstrated that our client's alcohol level was so significant as to remove any intent on his part. We engaged a forensic psychologist to assist with the issue of intent should the matter go to trial. Finally, after scheduling the case for trial and providing the expert witness report the district attorney's realized its inability to prove this case. Consequently, today, the felony charges were dismissed. 

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The defendant is a college graduate with several graduate degrees. He works in the high tech industry. On July 7, 2020 a woman living in his neighborhood was walking her dog. Her attention was drawn to an open window. She was able to see a man standing, naked from his neck to his knees masturbating. She went to the police to report the incident. Officers conducted a search of their files and recognized that a similar complaint was made about this same person two years earlier. The officers contacted the man and asked him to go to the police station for an interview. He did. During the interview he admitted to having committed this act. He was charged with open and gross lewdness, a felony under G.L. c. 272 section 16. He hired our office. Over the objection of the district attorney's office we were able to get this case continued without a finding. Should the man remain free of criminal legal problems for one year all charges will be dismissed. 

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The defendant is a film editor with multiple college and postgraduate degrees who has recently been working on films in the Boston area. In May of this year the man was observed by a middle aged woman masturbating in broad daylight in his car. The woman believed that the man was targeting his actions towards her. She confronted the man who told her he would be back at the same time the next day. The woman reported this to the police. The police placed a decoy female officer at the same location the next day. As promised, the defendant returned and committed the same act, this time towards the undercover officer. He was arrested and provided a full detailed confession stating that he had done this between ten and fifteen times. The man was charged with committing lewd, wanton and lascivious conduct in violation of G.L. c. 272 Section 53. He hired Attorney Neyman to represent him. We had the defendant evaluated by a forensic psychologist specializing in this type of conduct. Based on the evaluation we were able to convince the judge and the prosecutor that a continuance without a finding was the appropriate disposition for this case. After a brief period of probation all charged will be dismissed. 

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The defendant is a professional living just outside of Portland, Maine. In early September of 2018 he came to Massachusetts to attend the Pearl Jam concert. He got a flat tire on a highway and pulled off the highway to check the status of the flat. While doing so the man began to urinate in a residential driveway. The homeowner saw our client's genitalia and the act. She complained that her young children had seen this activity. She called the police. The defendant left and drove on the flat tire to a nearby tire store. The police located him there and questioned him. He admitted to having committed this crime and a summons for a clerk magistrate hearing for violating G.L. c. 272 Section 53, lewd, wanton and lascivious behavior issued. Attorney Neyman was hired. Today, at the clerk magistrate hearing, we were able to get the charges withdrawn.

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Roxbury District Court: The prosecution alleged that on December 3, 2012 Boston Police were called to a local library on a complaint that a man was surreptitiously photographing women in a partial state of nudity. The officer confronted the man and seized his cell phone. A search warrant was obtained after which the photos on the phone were accessed. There were numerous images of unsuspecting females seen in the phone. Attorney Neyman was able to get the case continued without a finding until March at which time all charges will be dismissed.

Dedham District Court: The prosecution alleged that on July 22, 2012 a Massachusetts State Police Officer entered a Westwood, Massachusetts rest area to investigate a possible stolen car matter. While there, the officer decided to go into the bathroom to see what if any other activity might be occurring at that location. Upon his entry into the bathroom the officer saw the defendant with his penis in another man's mouth. A complaint for Open and Gross Lewdness issued. The accused had a prior offense that had been continued without a finding in 1996. Today, Attorney Stephen Neyman succeeded in getting this case continued without a finding. If the defendant remains free from criminal legal trouble the matter will be dismissed.

Quincy District Court: On August 5, 2011 Weymouth, Massachusetts police responded to a local hospital for a report of a sexual assault. The complainant stated that he and another friend met up with the defendant at a local bar. Just before leaving the bar the man stated that he had a headache. He reported that the defendant then gave him two pills. He became nauseous and started to vomit. He woke up hours later to find the defendant lying on top of him, kissing him, and rubbing his legs and thighs near his genitals. Toxicology reports indicated that the victim had doxylamine, a date rape drug in his system. Today, Attorney Neyman was able to convince the judge to continue the case without a finding. If all conditions are properly satisfied all charges will be dismissed.

East Boston District Court: According to a report generated by a Massachusetts State Police officer, on January 3, 2012 an international airlines pilot alerted authorities to a complaint from a female passenger. The woman claimed that she was the victim of an indecent exposure. Specifically, that the defendant, our client was masturbating in front of her during the flight. Our client was charged with Indecent Exposure and Open and Gross Lewdness. Flight information and an investigation led to information that the police had charged the wrong person with these crimes. All charges were dismissed prior to a Clerk's Hearing.