What Is Open & Gross Lewdness?
In Nevada, the crime of Gross Lewdness is described in NRS 201.210. Its definition may be interpreted widely, but specifically, open and gross lewdness charges in Nevada are defined as either of the following two situations, deliberately performing sexual acts or sexual touch in public. The Nevada Supreme Court has found open and gross lewdness to consist of:
- Acts that were sexual in nature, public, and observed by others
- Open acts committed in a private place that was clearly intended to be offensive to the victim
- All that is required to be charged with open lewdness is intentionality on the part of the accused when committing public sexual conduct or exposure.
- Gross limits the breadth and degree of lewdness to glaringly noticeable or obviously objectionable
- Lewdness is a matter of common knowledge that the average citizen can determine what conduct is proscribed, such as sexual, obscene, indecent, preoccupied with sex or sexual desire, and wicked conduct
The crime of “open or gross lewdness,” as set forth in NRS 201.210, has not been defined by the Legislature. It is generally accepted, however, that when a legislature uses the term “open” to modify the term “lewdness,” as the Legislature has done, it intends to broaden the common law definition to include acts which are committed in a private place, but which are nevertheless committed in an “open” as opposed to a “secret” manner.
While at common law it was necessary to prove that the offense of “lewdness” was committed in a public place, under this section it was sufficient that defendant committed lewd acts in an “open” fashion, clearly intending that his acts be offensive to his victim. Ranson v. State, 99 Nev. 766, 670 P.2d 574, 1983 Nev. LEXIS 535 (Nev. 1983).
Penalties Of Open or Gross Lewdness In Nevada
In Nevada, a gross misdemeanor is a serious offense, although it is less egregious than a felony conviction. The punishment for the crime ranges from one year in jail to $2,000 in fines. If you are charged with gross misdemeanors in Nevada, you are entitled to a jury trial. Gross misdemeanor offenses include:
- The first conviction of open or gross lewdness
- The first conviction of indecent exposure
- A second conviction of stalking
- False imprisonment
- Unlawfully using a hotel key
When facing open and gross lewdness charges in Nevada, you have the opportunity for a jury or bench trial. Gross misdemeanor penalties are as follows:
- One year in jail
- $2,000 in fines
If your felony conviction has been sealed after more than two years, you may be eligible to have it erased. The following are the penalties that you could face if convicted of open or gross lewdness as a first-time offender. You will be labeled a gross misdemeanor convict if you are charged as a first-time offender, and you are likely to face one of the following:
- Possible registration as a sex offender
- Jail term of 1 year
- Payment of fines up to $2,000
If you are convicted of lewdness a second time, you will be charged with open and gross lewdness as a category D felony. This happens if you have previous sex crime convictions or if there was a minor or a mentally or physically incapacitated adult when the lewdness occurred. You will face the following penalties:
- Possible registration as a sex offender
- Imprisonment for up to 4 years in the State Prison
- Payment of fines up to $5,000
- Possible registration as a sex offender
If you are charged with a crime involving someone under the age of 14, you will be labeled a Class A felony convict, which implies that you are expected to face the following:
- Life imprisonment
- Payment of fines not exceeding $10,000
What Is The Statute Of Limitations For Open And Gross Lewdness
Per NRS 171.085, the statute of limitations for most felonies is three (3) years. For sexual assault the statute of limitations is 20 years. Per NRS 171.090(1), the statute of limitations for gross misdemeanor offenses (open and gross lewdness) is two (2) years. However, under NRS 171.095 the statutes of limitation, as noted in NRS 171.085 and 171.090, are tolled for crimes committed in a secret manner or for crimes constituting child sexual abuse as defined in NRS 432B. 100. Consult with an experienced Las Vegas sex crimes attorney to see if your case is barred by the statute of limitations.
Sexual Assault, Sexual Abuse Of Children
To support multiple charges of sexual abuse over a period of time, a child victim need not specify exact numbers of incidents, but there must be some reliable indicia that the number of acts charged actually occurred. Rose v. State, 123 Nev. 194, 203, 163 P.3d 408, 414 (2007) (quoting LaPierre v. State, 108 Nev. 528, 531, 836 P.2d 56, 58 (1992)). “[T]o support multiple charges of sexual abuse over a period of time, a child victim need not ‘specify exact numbers of incidents, but there must be some reliable indicia that the number of acts charged actually occurred.” Id. To prove open or gross lewdness it is not necessary to prove that the act occurred in a public place or that the act was observed by others, “the fact that an act is committed openly is sufficient for the fact-finder to conclude that there was a likelihood that the act would be observed and that it would be offensive to observers.” Berry v. State, 125 Nev. 265, 280-81, 212 P.3d 1085, 1095-96 (2009).
Sex Crime Defense in Las Vegas, Nevada
There are a variety of defensive strategies that may be utilized if you are facing open or gross lewdness charges in Nevada. In Nevada, sex crimes against minors are extremely serious and carry harsh penalties if convicted. Luckily, an experienced Las Vegas open and gross lewdness attorney at the Spartacus Law Firm can assist you to evaluate all of your case’s variables to determine the best way forward. We have significant expertise in these sorts of cases and a track record of defending our clients successfully.
We understand how significant it is for a person to be accused of sexual offenses. The verdict in your case will have a long-term impact on your life, and we are dedicated to challenging these allegations in court until any guilt is proven beyond a reasonable doubt. Our seasoned criminal defense attorney can defend you with the level of representation you deserve. We will aggressively fight for the greatest possible result in order to preserve your freedom. Contact the Spartacus Law Firm today for a free consultation and to learn more about how we can help.