Open and Gross Lewd and Lascivious Behavior
Open and gross lewdness and lascivious behavior is proscribed by Massachusetts General Laws Chapter 272 Section 16. This type of behavior includes the deliberate exposure of buttocks, genitalia or female breasts.
To convict a defendant of this offense, the prosecutor must prove beyond a reasonable doubt that the defendant:
- Exposed her/his buttocks, genitals or female breasts to one or more persons;
- Did so intentionally;
- Did so openly, meaning that he/she either intended exposure to the public or had a reckless disregard for a substantial risk of public exposure. "Openly" only refers to the intent that the act be witnessed by the unwilling. It does not necessarily mean and does not require that the behavior take place in a public locale;
- Did so in a way to produce shock or distress; and
- Actually caused one or more persons shock or distress because of the exposure.
Charges of open and gross lewd and lascivious behavior often involve public masturbation. The law is designed to punish those who impose lewdness on unwilling people, and it does not apply to constitutionally protected expressions. It also does not apply to sexual acts that take place in an area where one can reasonably expect privacy. For example, if another person accidentally sees you engaging in a sex act through the window of your home, this would likely not amount to open and gross lewd and lascivious behavior. Indecent exposure, which is a crime under Massachusetts General Laws Chapter 272 S53, is a lesser included offense of open and gross lewdness.
If you are convicted of this offense, you face imprisonment in the state prison for up to three years or in jail for up to two years or a fine of up to $300. As such, it is a felony that is significantly more serious than the misdemeanor of indecent exposure.
Massachusetts Criminal Defense Attorney
Massachusetts criminal defense lawyer Stephen Neyman has handled numerous cases involving open and gross lewdness over the course of more than 20 years. He knows exactly how to defend against these kinds of charges, and as a former prosecutor, he also has invaluable insight into how district attorneys will approach such cases. With Attorney Neyman on your side, you will absolutely have the best representation possible.
Tough Criminal Defense Tempered by Reason
Attorney Neyman is a tough lawyer who fights aggressively in all cases. He uses every strategy and the full extent of his capabilities to attack the charges that threaten his clients' futures. As an intuitive individual, he also knows how to approach people and situations in ways that will benefit his clients.
Excellence Reflected in Results
Attorney Neyman encourages prospective clients to browse his case results page, as he feels that his results mirror the superior work that he does.
Law Offices of Stephen Neyman, P.C. (617) 263 6800
At the Law Offices of Stephen Neyman, P.C., Attorney Neyman and his staff of talented professionals are committed to safeguarding the rights of those accused of crimes in Massachusetts. Call Attorney Neyman's office at (617) 263 6800 (24 hours a day, 7 days a week) or contact him online.
Charges of Lewd Wanton and Lascivious Behavior Withdrawn at Clerk Magistrate Hearing
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.
Read More in Sex Crimes
Charges of Photographing an Unsuspecting Person in the Nude Against Physical Therapist to be Dismissed
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.
Case of Open and Gross Lewdness to be Dismissed Against Newburyport Car Dealer
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.