Open and Gross Lewdness

Nevada Crime of Open or Gross Lewdness (201.210)

Lewdness is a “catchall” term for sexual activity that does not meet the standard for rape or that takes place where the public can see it (obscene or indecent acts). This is sometimes called “indecent exposure.” Open or gross lewdness is a sex offense, and you should have the best Las Vegas defense counsel available if you have been arrested for lewdness.

LV Criminal Defense – your Nevada criminal attorneys – can work to reduce the charges and possibly avoid jail time and registration as a sex offender.

What is open or gross lewdness in Nevada?

Open or gross lewdness is intentional:

• Open;
• Indecent; or
• Obscene

exposure of the defendant’s body or another person’s body. If the exposure would likely offend a reasonable person, it is indecent or obscene. The crime of open or gross lewdness can also be charged for a non-consensual sexual activity that does not meet all of the requirements for the state to prove the Nevada crime of sexual assault.

Is Public Lewdness a Felony or Misdemeanor? What are the sentences for lewdness in Nevada?

The punishment for open and gross lewdness in Las Vegas depends on whether the defendant has previous convictions for lewdness.

• First time offenses are a gross misdemeanors. Gross misdemeanors can result in up to 1 year in jail and penalties up to $2,000;
• Two or more offenses increase the penalty to a Category D felony. Las Vegas Category D felonies carry 1 to 4 years in a Nevada prison and expensive fines of $5,000.

Registration as a sex offender may be required even for a first offense. A second offense will require the defendant to register as a sex offender.

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Can open or gross lewdness be charged with other sex crimes in Nevada?

Open or gross lewdness is not a lesser included offense of sexual assault, which means that you can be charged with and convicted of both Nevada crimes. The state must prove that the lewdness was separate from the assault in some way, and did not involve acts that furthered the rape. A skilled Las Vegas criminal defense lawyer can show that the state has failed to prove this and possibly get the charge dismissed.

Resources

Clark County Detention Center
330 S Casino Center Blvd
Las Vegas, NV 89101
(702) 671-3900