Open or Gross Lewdness Charges in Las Vegas
An allegation for lewd acts is a serious charge in Nevada. Under the Nevada Revised Statute 201.210, open and gross lewdness is an act that involves exposing one’s private parts and engaging in sexual activity either in public or in any context that would reasonably offend another person.
Getting convicted of open and gross lewdness has serious legal consequences in addition to the social stigma of being labeled as some sort of sexual deviant. You need to make sure you fight these charges by hiring an experienced Las Vegas criminal defense lawyer.
Las Vegas Open and Gross Lewdness Attorney
The criminal charge of open and gross lewdness has harsh penalties. Contact Joel Mann, an experienced sex crime defense lawyer in Las Vegas, Clark County, Nevada to discuss any criminal accusation of a gross or lewd act in public. He can help you fight the charges and give you your legal defense options.
More Information about Nevada’s Indecent Exposure Statute
Most states have indecent exposure statutes that specify what body parts cannot be exposed in public. Exposure of body parts such as genitals, breasts, buttocks, and other sex organs clearly violate the statute in other jurisdictions. Although Nevada’s criminal offense certainly applies to any person who intentionally exposes his genitals on a public street corner, the criminal charge can also apply to much less serious offenses since the statute does not specify the parts of the body that cannot be exposed in public.
It is also important to notes that under NRS 201.210 the prosecution does not need to prove that there was the intent to offend anyone or that the open lewdness was observed by a third party. The only thing that the prosecution needs to show is that the person intended to publicly expose him or herself.
There have been several cases of entrapment especially for gay men in public restrooms who have been charged with open and gross lewdness even though there was no one else in the bathroom and only an undercover police officer witnessed the act.
Breast Feeding Exception to Open or Gross Lewdness
In 1995, the Nevada legislature added language clarifying that breastfeeding did not fall under the statute. “For purposes of this section, the breastfeeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of the body” according to the Nevada Revised Statutes Chapter 105, § 3 at 128.
Penalties for Open and Gross Lewdness
Nevada Revised Statutes Section 201.220(1) provides that “[a] person who makes any open and indecent or obscene exposure of his or her person, or of the person of another is guilty” of a gross misdemeanor for a first offense. The punishment for a first offense can be up to one year in jail.
A second or subsequent offense can be charged as a category D felony with a possible punishment of up to 4 years in Nevada State Prison.
Law Office of Joel M. Mann | Nevada open and gross lewdness Defense Attorney
If you have been accused of the serious criminal offense of open and gross lewdness, then contact an experienced criminal defense attorney. Joel Mann has defended clients against a wide range of sex crime allegations in Clark County. Contact an attorney experienced in defending those accused of open and gross lewdness in Nevada.