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Open and gross lewdness is a serious allegation in Las Vegas Nevada. It is considered a gross misdemeanor or a category D felony depending on the circumstances. Knowing the law regarding open and gross lewdness can help a person avoid serious consequences.
What is Open and Gross Lewdness in Las Vegas, Nevada?
Under the Nevada State Law, open and gross lewdness is defined as:
· Any deliberate sexual act performed either in public or in a private location where other people could still witness it.
This happens when a person does sexual acts explicitly in public. An example of this is when a man masturbates in front of his open window at home. Though the person is in a private place, the act is still done openly. Hence, a crime is committed.
· Any sexual encounter that is nonconsensual and is not considered as actual rape.
A person will be accused of open and gross lewdness if he/she allegedly touched another person in a sexual approach without consent. These sexual acts are not deemed as rape because it involves no penetration. An example of this is when a guy touches the breast or kisses the neck of a girl without consent. Since there is no penetration, the person will not be charged of rape.
Note: According to NRS 201.210, the breast feeding of a child by his/her mother is not considered as open or gross lewdness.
Is indecent exposure same with open and gross lewdness?
The two cases are different. Indecent exposure is the exposure of private body parts regardless of the person’s sexual interest. On the other hand, open and gross lewdness concerns mostly on sexual acts.
What are the penalties?
Here are the penalties that a person might face when charged with open and gross lewdness in Las Vegas, Nevada:
First Offense – it is considered as a gross misdemeanor
· Jail time of one year
· A maximum of $2,000 fine
· Possible sex offender registration
Subsequent offense – it constitutes a Category D Felony
· Imprisonment of one to four years
· A maximum fine of $5,000
· Possible sex offender registration
Sex Assault Lawyer in Las Vegas Nevada
An experienced Las Vegas sexual assault attorney like Ross Goodman can help you defend criminal charges including open and gross lewdness. With his years of experience, Ross Goodman can successfully dismiss or drop the charges against you.
If you or someone you know is facing open and gross lewdness case in Nevada, don’t hesitate to contact Ross Goodman at (702) 383 - 5088.