Open and gross lewdness and lascivious behavior is a felony in Massachusetts (M.G.L. c 272 s 16). Anyone convicted of this faces up to 3 years in state prison. Anyone convicted of this charge in Massachusetts must register as a sex offender. The statute of limitations is 6 years.
Open and gross is a serious crime in MA. In addition to the typical penalties a felony conviction carries, it also requires a sex offender registration. A criminal attorney can help to defend against charges like this.
What is Open and Gross Lewdness and Lascivious Behavior?
The district attorney must prove five elements to convict
- One exposed their genitals or buttocks or female breasts to at least one person;
- On purposes or intentionally;
- Openly, intentional public exposure or a recklessly disregarded risk of public exposure;
- Also, It would shock a reasonable person;
- And the person was actually shocked or alarmed by the act
An important element of this is the open element. It must be proven beyond a reasonable doubt that it was the defendant’s intent to be seen. Also, the statute does not require this to happen in a public place.
In order to prove alarm or shock the prosecutor must prove the person had a serious negative emotional experience. Also, shock or alarm is more than just nervousness or fear.
Defenses to Open and Gross Lewdness and Lascivious Behavior?
An experienced Massachusetts criminal attorney can help defend sex crimes like this. Also, a criminal lawyer can read the allegations and find the strongest defense.
Typical defenses include defenses to the open and the shock element.
How Attorney Donovan can make the difference in your case
Facing a charge of Gross Lewdness and Lascivious Behavior in Massachusetts is a serious matter that requires skilled legal representation to protect your rights and achieve the best possible outcome. As an experienced criminal defense attorney, I specialize in providing comprehensive defense strategies tailored to the nuances of your case.
When confronting allegations of Gross Lewdness and Lascivious Behavior, it’s imperative to have a knowledgeable attorney who understands the intricacies of Massachusetts state laws and the legal nuances of this specific offense. I will conduct a thorough review of the evidence against you, scrutinizing police reports, witness statements, and any other pertinent information to build a robust defense strategy.
One potential defense to Gross Lewdness and Lascivious Behavior charges is mistaken identity. In cases where the identity of the alleged perpetrator is in question, I will meticulously investigate the circumstances surrounding the incident to establish doubt about your involvement. This may involve gathering alibis, surveillance footage, or witness testimony to support your defense.
Furthermore, lack of intent can serve as a viable defense. If you did not intend to engage in lewd or lascivious behavior or if there was a misunderstanding or misinterpretation of your actions, we can argue that you should not be held criminally liable. I will diligently examine the facts of your case to identify any evidence supporting this defense and present a compelling argument in your favor.
Additionally, issues related to credibility and reliability of witnesses can be crucial in defending against Gross Lewdness and Lascivious Behavior charges. I will thoroughly cross-examine witnesses and challenge the prosecution’s evidence to cast doubt on the credibility of their case.
Ultimately, mounting a successful defense to Gross Lewdness and Lascivious Behavior charges requires a deep understanding of Massachusetts state laws and courtroom procedures. With my knowledge, experience, and dedication to your case, I will tirelessly advocate for your rights and work towards securing a favorable outcome.
If you are facing Gross Lewdness and Lascivious Behavior charges in Massachusetts, don’t hesitate to contact me for a confidential consultation. Together, we will develop a personalized defense strategy and strive towards protecting your future and securing justice.
Mass Criminal Attorney Patrick Donovan has successfully represented clients charged with many crimes in Ma. Attorney Donovan has helped clients avoid convictions for these criminal charge.
Attorney Donovan was a prosecutor in Massachusetts. Further, he uses that training to get the best outcome for each of his clients.
Attorney Donovan has appeared in over fifty criminal courts in Massachusetts. Also, his law office is located in Quincy and he offers a free no-obligation consultation.
