Las Vegas Open or Gross Lewdness Lawyer
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.
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Recent Case Results
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Misdemeanor Petit Larceny 11 Counts Theft (Category B Felony)
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Dismissed 2 Counts Battery on a Protected Person (Gross Misdemeanor)
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.
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