Freetown Massachusetts Open and Gross Lewdness (felony)
Charges
- Open and Gross Lewdness (felony), in violation of M.G.L. c. 272, § 16; and
- Wanton and Lascivious Conduct (misdemeanor), in violation of M.G.L. c. 272, § 53.
Court Information
Freetown, Massachusetts
Bristol County
Fall River District Court
Case Overview
Freetown police received a call from a man who witnessed two individuals, later determined to be husband and wife, engaging in sexual activity in an open public area. Upon arrival, police spoke to two witnesses who, while walking along a public trail, observed the wife performing oral sex on her husband. Both witnesses appeared in shock and expressed concern that children could have witnessed the act. Police were able to identify the spouses, which the witnesses corroborated through their RMV photos. Police located and identified the spouses, who denied any sexual contact had occurred. Notwithstanding, they were summonsed to appear for a Clerk-Magistrate’s Hearing in Fall River District Court to respond to an application for criminal complaint seeking charges of Open and Gross Lewdness and Wanton and Lascivious Conduct. Before appearing, they retained Massachusetts Criminal Defense, John L. Calcagni III, to defend them. After a short hearing, Attorney Calcagni and his team persuaded the Clerk not to issue the complaints against his clients. Alternatively, the Clerk agreed to hold the applications open for one year. Assuming the spouses do not get in any further trouble during that time, the applications for criminal complaints will ultimately be denied and no criminal charges will result from these incidents.
Case Result
Applications for criminal complaints held open for one year; to be dismissed.