Open and Gross Lewd and Lascivious Behavior

In Massachusetts, under M.G.L. c. 272, § 16, in order for a person to be convicted of Open and Gross Lewd and Lascivious Behavior, the Commonwealth must prove five things beyond a reasonable doubt. First, that the defendant exposed his or her genitals, buttocks, or female breasts, to one or more persons. Second, that the defendant did so intentionally. In a prosecution for intentional exposure to a single person in a private setting, the following element may be rephrased by deleting the word “public” and replacing the word “others” with “another person.” Third, that the defendant did so “openly,” that is, either he or she intended public exposure or he or she recklessly disregarded a substantial risk of public exposure to others who might be offended by such conduct. Fourth, that the defendant’s act was done in such a way as to produce alarm or shock. Fifth, that one or more persons were in fact alarmed or shocked by the defendant’s exposing himself or herself.

Open and Gross Lewd and Lascivious Behavior carries the following potential penalties:

• imprisonment in the state prison for up to 3 years
• imprisonment in jail for up to 2 years
• fine of up to $300

***A subsequent conviction for this offense requires the offender to register with Sex Offender Registry Board (SORB)

If you have been charged with Open and Gross Lewd and Lascivious Behavior, contact our office immediately:

(617) 830-2188