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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.

Punishment

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.

Case Results » Open and Gross Lewd and Lascivious Behavior

General Continuance for Physician Charged With Open and Gross Lewdness December 4, 2025 In June of this year police were called to a very popular Beach for a report of a man walking around naked and seemingly very confused. He was asking people if he could use their cell phones. He was making no sense and it was obvious that he was having some sort of a crisis. The responding officers tried to calm him down to no avail. They were able to contact his wife who came to the beach with fresh clothes so that our client could get dressed. He was arrested and charged with disorderly conduct in violation of G.L. c. 272 section 53 and open and gross lewdness, a felony under G.L. c. 272 section 16. Our office had our client evaluated for a risk assessment and to identify any potential mental health issues or any identifiable sexual predatory concerns. Our forensic psychologist quickly ascertained that our client was having a reaction to mixing diet drugs with edibles. The combination caused confusion and aberration of behavior. The evaluation and Report was significant enough to convince the assistant district attorney to agree to a resolution of pretrial probation pursuant to G.L. c. 276 section 87. All charges will be dismissed in 6 months. Read More in Open and Gross Lewdness

Pretrial Probation for Engineer Charged With Open and Gross Lewdness December 1, 2025 Our client is an engineer who owns a large corporation based in New York. In July of this year police were called after a woman claimed to see a man outside of his car wearing nothing but a thong and manipulating his genitalia while looking in her direction. The officers who responded questioned the man about the alleged sexual activities. He denied any overt sexualized behavior but he did admit to undressing down to the undergarments identified by the female collar. The officers took the man’s information and ultimately summoned him for an arraignment charging him with a felony, open and gross lewdness in violation of G.L. c. 272 section 16. Attorney Neyman was hired. We had our client submit to an evaluation conducted by our forensic psychologist who determined that he is not a public safety risk nor does he present with any concerning sexual mental health issues. That evaluation coupled with great character references and an extremely impressive work history satisfied the assistant district attorney that pretrial probation under G.L. c. 276 section 87 is the appropriate disposition. This case will be dismissed in a few months. Read More in Sex Crimes

Charges of Open and Gross Lewdness Against IT Professional Dismissed and Lesser Charge of Indecent Exposure to be Dismissed October 9, 2025 In April of this year a woman entered a parking lot that serviced several large Suburban Boston establishments. While exiting her car she observed a man with his pants down in the driver’s seat masturbating. The tomb made eye contact. That did not result in the man discontinuing his activities. Rather, while looking at the woman he continued to masturbate. The woman took a picture of his license plate and reported the matter to the police. Ultimately the police obtained an RMV photo of the owner of the car and showed it to the woman. She identified the photo as the man who was engaging in these acts. The man was charged with one count of open and gross lewdness in violation of G.L. c. 272 section 16 and a second count of indecent exposure under G.L. c. . 272 section 53. He hired our office to represent him. Attorney Neyman was able to get the felony charge dismissed in its entirety. The misdemeanor charge was continued without a finding (CWOF) and will be dismissed in 90 days. Read More in Sex Crimes

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In less than two months Stephen Neyman got my old conviction vacated. I now have no criminal record.

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