Las Vegas is prone to open or gross lewdness violations because of the parties that take place almost every day. More often than not, these parties involve alcohol and drug use. The sexual drive of a person could be increased under the influence of these substances which may result to open and gross lewdness.
Engaging in sexual activity in public, exposing one’s private parts or offending others in the same context is considered a crime in and across Nevada. This article will help you understand open or gross lewdness in Nevada. If you are charged with this crime, immediately contact a Las Vegas criminal defense lawyer to help you.
What is Open or Gross Lewdness?
According to NRS 201.210, open or gross lewdness covers the following:
- Any kind of deliberate sexual act committed in public or in a private place where others could still see it.
- Any sexual encounter that is not consensual and only falls short of sexual assault or rape.
What are the elements of Open or Gross Lewdness?
- A place where the act can be seen by other people.
- Sexual acts (18 U.S. Code 2246)
- Contact between the penis and the vulva, or penis and anus.
- Contact between mouth and vulva, mouth and penis, or mouth and anus.
- The penetration of the anal or genital opening of another person. It can be done by a hand, finger or by any object.
- Intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years.
The latter two must have an intent to abuse, humiliate, harass, degrade, or arouse/gratify the sexual desire of any person.
What are the Examples of Open or Gross Lewdness?
- Masturbation in Public
A guy can be charged with open or gross lewdness if he masturbates in a public place or even if he openly masturbates in front of his open window in his home. The crime is committed when the objectionable sexual act is done and third parties could see it.
- Intentional touching
A guy flirting with a girl in the bar can be detained for open and gross lewdness if he touches her sexually without her consent.
- Making out in public
This happens when couples make out in places where other people can see them. Some of the possible locations are in the bar, car hood, in the streets, etc.
Breastfeeding in public
is considered legal in Nevada and is not against the law nor does the act constitute an open or gross lewdness even when done in public. This is specifically stated in the NRS 201.232 “a mother may breast feed her child in any public or private location where the mother is otherwise authorized to be.
What is the Difference between Indecent Exposure and Open or Gross Lewdness?
and open or gross lewdness are two different crimes in Nevada. Indecent exposure refers to exposing private body parts whether or not a person is sexually interested. On the other hand, open or gross lewdness tends to lean more on offending with sexual acts.
However, the prosecution may charge you with indecent exposure and open or lewdness conjunctively.
What are your Defenses against Open or Gross Lewdness Charges?
Here are some of the defenses that you can use:
- Insufficient evidence(s)
The charge of open and gross lewdness can be easily dismissed if insufficient evidence is available to prove the defendant guilty beyond reasonable doubt.
- Entrapment is illegal
Being tricked into committing open and gross lewdness during an entrapment is illegal. If your sex crime lawyer can prove that you are entrapped to commit the act, the criminal charges should be dropped according to the laws of Nevada.
- The absence of a search warrant
The absence of a search warrant to find evidence or illegally obtaining evidence of open and gross lewdness will make the prosecutor drop the criminal charges on the basis of insufficient evidence.
Penalties of Open or Gross Lewdness in Nevada
- First Offense “ Gross Misdemeanor
- Possible sex offender registration
- Imprisonment of 1 year
- Can be fined up to a maximum of $2,000
- Subsequent Offense “ Category D Felony
- Possible sex offender registration
- Imprisonment of 1 to 4 years in Nevada State Prison
- Can be fined up to a maximum of $5,000
- Category A Felony
If the person commits an open or gross lewdness with a child under 14 years of age, the person will be charged with Category A Felony.
- Punishable with life imprisonment with a possibility of parole after 10 years
- Plus fines of not more than $10,000.
Seek Help from a Sexual Assault Lawyer
There are sexual assault lawyers that defended numerous cases of sex crimes in Las Vegas and across Nevada. With proper research, you should find one that suits your legal needs!