Open and Gross Lewdness

Open and Gross Lewdness is a crime that is more serious than Indecent Exposure. It is charged in cases where people intentionally expose themselves in public, and the public is shocked. An example of Open and Gross Lewdness is public masturbation. To be convicted of Open and Gross Lewdness and Lascivious Behavior, the Commonwealth must prove the following:

1. That the defendant exposed his genitals or buttocks, or that a female exposed her genitals, buttocks, or breasts;
2. That the exposure was intentional;
3. That the defendant did so “openly,” in that the defendant intended for people to see or recklessly disregarded a substantial risk of public exposure;
4. That the defendant’s act was done in such a way as to produce shock or alarm; and
5. That one or more persons were shocked or alarmed by defendant’s exposure.

Massachusetts Penalties – Lewdness & Lascivious Behavior

A conviction for Open and Gross Lewdness carries penalties of up 2 years in the house of correction or by a fine of up to $300. In addition, a person convicted for Open and Gross Lewdness more than once must register with the Massachusetts Sex Offender Registry Board (SORB).