Open and Gross Lewdness

Open and Gross Lewdness. Most folks read those four words and think they immediately know what it must mean. 

But the legal definition is a bit more broad than you might think. 

It typically comprises the following two circumstances:

1. any intentional sexual act that is done either in public or in a private place in an open way where others could see it; OR
2. any sexual encounter that is non-consensual but falls short of actual rape.

An example of #1 could be someone masturbating in front of an open window while watching people pass by. This person is making no effort to conceal himself or herself and anyone who glances in that direction will see everything!

An example of #2 might be a person who just walks up to a woman in a bar and starts to grope her breasts, or perhaps someone who grabs a man's crotch without his consent. 

The difference between open or gross lewdness and the Nevada crime of sexual assault (the legal term for rape) is that sexual assault involves penetration. This includes sexual intercourse, oral sex, anal sex, digital sex ("fingering"), or inserting an object into a bodily orifice in a sexual way.

Indecent Exposure v. Open or Gross Lewdness

In many cases, prosecutors bring open or gross lewdness charges in conjunction with charges of the Nevada crime of indecent exposure. Indecent exposure is defined as "any open and indecent or obscene exposure of his/her person, or of another person." An example would be to expose someone's buttocks, breasts or genitalia in a place where others could see.

In 5.... 4..... 3..... 2..... *gasp!* 

The main difference between the Nevada crimes of indecent exposure and open or gross lewdness is that open and gross lewdness tends to refer to sexual acts, whereas indecent exposure refers to baring private body parts whether or not it is sexually motivated. 

The penalties for committing the Nevada offense of open or gross lewdness varies depending upon whether this is someone's first arrest/conviction for open or gross lewdness:

A first offense of open or gross lewdness is a gross misdemeanor in Nevada. The punishment includes:

• up to 364 days in jail and/or up to $2,000 in fines, and
• sex offender registration

A subsequent offense of open or gross lewdness is a category D felony in Nevada. The punishment carries:

• one to four years in Nevada State Prison (with a possible fine of up to $5,000), and
• sex offender registration

Indecent Exposure penalties

The penalties for a Nevada violation of indecent exposure law are the same as the penalties for open or gross lewdness:

A first offense of indecent exposure is a gross misdemeanor in Nevada, carrying a sentence of:

• up to one year in jail and/or up to $2,000 in fines, and
• sex offender registration

A subsequent offense of indecent exposure is a category D felony in Nevada, carrying a sentence of:

• one to four years in Nevada state prison (with a possible fine of up to $5,000), and
• sex offender registration

Note that open or gross lewdness may be a crime of crime of moral turpitude in Nevada. This means that aliens may be removed from the U.S. for it. Learn more about Nevada immigration laws.

If you have been arrested for one of these crimes, of think that someone may accuse you of these crimes, call my office right away so we can be ahead of the game!

Louis C. Schneider is your best defense!

702-435-2121

http://www.lcslawfamily.com