Open & Gross Lewdness is the crime of intentionally or recklessly exposing one’s genitals, buttocks or female breasts to one or more persons, who were in fact alarmed or shocked by such behavior. The maximum penalty is 2 years in a county house of correction (HOC) or 3 years in state prison and/or a fine of $300.
In order to prove that the Defendant is guilty of Open & Gross Lewdness, the prosecutor must prove 5 things beyond a reasonable doubt:
- That the Defendant exposed his/her genitals, buttocks or female breasts to one or more persons.
- That the Defendant did so intentionally.
- That the Defendant either 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.
- That one or more persons were in fact alarmed or shocked by the Defendant’s exposing himself/herself.
Defense Strategies For Open & Gross Lewdness
With so much at stake, you must act NOW to hire the best attorney possible. Contact The Law Offices of Elliot Savitz & Scott Bradley, Criminal law is what we do and we have many years of experience helping hundreds of people in situations like yours.
We can negotiate with the District Attorney and file whatever motions are necessary to resolve your case:
- Motions to dismiss for lack of probable cause.
- Motions to suppress evidence obtained by an illegal search and seizure which may provide a resolution.
- We may be able to persuade the District Attorney to reduce the charge or even drop the case.
- In some cases, a motion for Pre-Trial Diversion may protect your record.
If you have been arrested for Open & Gross Lewdness and don’t know what to do, call and speak to one of our attorneys at, (781) 974-3429 for a FREE CONSULTATION. We will explain all of your options, and give you a honest opinion of your case. There is NO OBLIGATION, and it is an important first step in returning your life to normal.