The conduct of exposing one’s genitals, buttocks, or breasts in a public place is prohibited under this law.
Under Massachusetts criminal law, the crime of Open and Gross Lewdness and Lascivious Behavior is a felony sex offense and may be found at Massachusetts General Laws, Chapter 272, Section 16.
Legal Elements ofOpen and Gross Lewdness and Lascivious Behavior
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In order to be found guilty of Open and Gross Lewdness and Lascivious Behavior under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant exposed his or her, genitals, buttocks, or female breasts to one or more persons
- that the defendant did so intentionally
- the defendant did so “openly” that is, he or she intended public exposure or he or she recklessly disregarded a substantial risk of public exposure, to those who might be offended by the conduct
- the defendant’s act was done in such a way as would alarm or shock a reasonable person
- that at least one person was alarmed or shocked. Alarmed or shocked means that a defendant’s conduct created a serious negative emotional experience and requires more than proof of mere nervousness or offense.
Potential Punishment if Convicted of Open and Gross Lewdness and Lascivious Behavior in Massachusetts
The potential consequences for Open and Gross Lewdness and Lascivious Behavior, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 272, Section 16.
A defendant convicted of Open and Gross Lewdness and Lascivious Behavior shall be sentenced to a term in state prison that does not exceed three years, or in a jail for not more than 2 years.
Although under Massachusetts criminal law this is considered a sex offense, a defendant, for a first-time conviction is not required to register as a sex offender. However, any second or subsequent convictions will require registration.
If you have been charged with Open and Gross Lewdness and Lascivious Behavior in MA and need and experienced Massachusetts Sex Crimes Legal Defense team call (508) 213-9113 today to schedule a free consultation.
