Open and Gross Lewdness and Lascivious Behavior
Massachusetts General Laws Chapter 272, Section 16 punishes the crime of Open and Gross Lewdness and Lascivious Behavior with imprisonment in the House of Corrections for up to 2 years or in the State Prison for up to 3 years.
Those charged with the crime of Open and Gross Lewdness and Lascivious Behavior should take these allegations extremely seriously, as a second or subsequent conviction of this crime would subject the defendant to the requirements of the Massachusetts Sex Offender Registry Board and Sex Offender Registration.
In order to be convicted of the crime of Open and Gross Lewdness and Lascivious Behavior, the prosecutor is required to prove, beyond a reasonable doubt:
- That the defendant exposed his/her genitals or buttocks (or female breasts) to one or more persons;
- That the defendant did so intentionally;
- That the defendant did so 'openly', in other words, that he/she intended public exposure or recklessly disregarded a substantial risk of public exposure to others who might be offended by such conduct;
- That the defendant's act was done in such a way as to produce alarm or shock; and
- That one or more persons were in fact alarmed or shocked by the defendant's exposure.
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