Typically, when one is charged with open and gross lewdness when they engage in sexually oriented behavior in public, in front of people or acts which fall short of rape. Nevada follows a modified common law definition of open and gross lewdness. Open and gross lewdness is sometimes a charge that accompanies a prostitution charge
The Nevada Supreme Court has found open and gross lewdness to consist of:
Acts that were sexual in nature, public, and observed by others
Open acts committed in a private place that were clearly intended to be offensive to the victim
Open lewdness does not require proof of intent to offend an observer or even that the exposure was observed, all that is required is that the public sexual conduct or exposure was intentional
Gross limits the breadth and degree of lewdness to glaringly noticeable or obviously objectionable
Lewdness is a matter of common knowledge that the average citizen can determine what conduct is proscribed, such as sexual, obscene, indecent, preoccupied with sex or sexual desire, and wicked conduct
The penalties vary with open or gross lewdness and even may require registering as a sex offender. The penalties for NRS 201.210 are:
First offense is a gross misdemeanor and imposes up to a 1 year jail sentence and/or fine of up to $1,000
Subsequent offenses are a category D felony that carry a minimum 1 year prison and a 4 year maximum sentence and a fine up to $5,000
Possible sex offender registration may be imposed
Indecent or obscene exposure (NRS 201.220) is similar to open or gross lewdness, but tends to be charged when there is only an open and indecent exposure of his or her person (e.g. genitals) that was not sexual in nature. It carries the same penalties as open or gross lewdness. Open or gross lewdness or indecent or obscene exposure are not charges to take lightly and have serious consequences. Contact The Law Offices of Garrett T. Ogata to schedule a free consultation on your open or gross lewdness case at 702-825-7856.
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