This law punishes the performance or solicitation of a sexual touching which does not rise to the level of a completed sexual act, and which is performed or intended to be performed in a public place where others may be offended by it.
Under Massachusetts criminal law, the crime of Lewd, Wanton and Lascivious Act is a misdemeanor sex offense and may be found at Massachusetts General Laws, Chapter 272, Section 53.
Legal Elements of Lewd, Wanton and Lascivious Act
In order to be found guilty of a Lewd, Wanton and Lascivious Act under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant committed or publicly solicited another to commit a sexual act
- the sexual act involved touching the genitals or buttocks, or female breasts
- the defendant did this either for the purpose of sexual arousal or gratification or for the purpose of offending other people
- that the sexual act was or was to be committed in a public place
Potential Punishment if Convicted of Solicitation, Lewd and Lascivious and Disorderly in Massachusetts
The potential consequences for a Lewd, Wanton and Lascivious Act, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 272, Section 53.
A defendant convicted of a committing a Lewd, Wanton and Lascivious Act shall be sentenced to a not more than 6 months in a jail or house of corrections.
Although under Massachusetts criminal law this is considered a sex offense, a defendant is not required to register as a sex offender.
If you have been charged with solicitation, lewd and lascivious and disorderly in Massachusetts call (508) 213-9113 to schedule a free consultation with an experienced Massachusetts Sex Crimes Defense Law Firm of John L. Calcagni III.