Open and Gross Lewdness and Lascivious Behavior

The crime of open and gross lewdness and lascivious behavior is governed by Massachusetts General Laws Chapter 272 Section 16.  In order for an individual to be convicted of open and gross lewdness and lascivious behavior, the Commonwealth must prove beyond a reasonable doubt that:

• The individual exposed his or her genitals, buttocks or female breasts to at least one other person
• The individual exposed his or body part intentionally
• The individual did this openly to other people who might be offended by the conduct
• Openly means that he or she intended public exposure or recklessly disregarded a substantial risk or public exposure
• The individual’s act was done in a way that was intended to produce alarm or shock
• The act in fact did alarm or shock the victim

It should be noted that the statute is not applied to expressive conduct that is performed for a willing audience.  

Punishment

An individual who commits the crime of open and gross lewdness and lascivious behavior can be punished by imprisonment in the state prison for up to 3 years or by up to 2 years in jail or by a fine of up to $300.00.

If you or a loved one has been charged with open and gross lewdness and lascivious behavior or are being investigated for that crime, call the experienced criminal defense attorneys of Altman & Altman for a free, confidential consultation at 617.492.3000.