NRS 201.210: Open or Gross Lewdness in the State of Nevada
Gross Lewdness is a sexual crime in Nevada (NRS 201.210). Its definition can be broadly interpreted to include many acts, but specifically, Open or Gross Lewdness is defined as either of the following two conditions:
- Deliberately performing sexual acts or simulated sexual acts in public or in private where others can see the act, OR
- A sexual touch in public which involved another person and does not result in penetration but is not consensual, in other words short of rape.
Is This the Same as Indecent Exposure?
Many times these two are charged together, but Nevada law defines these crimes as separate charges.
Indecent Exposure has more to do with exposing your private parts in public whether in a sexual or non-sexual way. For example, a flasher may get a thrill from running around naked, but not be sexually motivated in the act. He may still be arrested for Indecent Exposure, but not necessarily Gross Lewdness. Gross Lewdness has more to do with performing sexual acts in places where others may see them with or without intent to display private parts.
Urinating in a public place may be Indecent Exposure, but unless a sexual act was included, should not be charged as Gross Lewdness. Having sex with your partner in your house, in front of an open window, where members of the public may see the act, could be charged as Open or Gross Lewdness.
Nevada statutes make clear that breastfeeding a child in a public place does not constitute either Gross Lewdness nor Indecent Exposure and is not a crime.
What Are the Penalties for Gross or Open Lewdness?
If convicted in Nevada of Open or Gross Lewdness:
- For a first-time offender
- It is considered a Gross Misdemeanor
- Carries a penalty of up to 1 year in county jail, and/or
- Up to $2,000 fine, and
- A requirement to register as a sex offender. This is considered a Tier 1 sex offense which is not searchable in public listings if the alleged victim was an adult.
- For a second time and subsequent Gross Lewdness conviction, or first time with Gross Lewdness and previous sex crime on the record
- It is considered a Category D felony, and
- Carries a sentence of 1 to 4 years in State Prison, and/or
- Up to $5,000 in fines, and
- A requirement to register as a sex offender.
How Co I Defend Against Such Charges?
If you’ve been charged with Gross Lewdness or Indecent Exposure, you should hire a lawyer to represent you.
Besides incarceration and fines, the requirement to register as a sex offender can be life-changing. You need an attorney who is familiar with the law and the courts and who will present a strong defense to such charges.
Every case is different, but a few defense strategies include:
- Insufficient Evidence: Charges must be proved beyond a reasonable doubt in order for such charges to result in a conviction. If evidence is not sufficient to support the charges being made, your lawyer will move for a dismissal.
- Entrapment: It’s not unknown for ex-spouses and business partners, to attempt to entrap their ex-partners, out of revenge or to get even. If your lawyer can show the court that you were in fact entrapped into such acts, your case may be dismissed.
- Consensual Touching: If the public sexual touching was consensual, then this charge won’t stand up in court. If the evidence supports it, your lawyer will present evidence that the alleged sexual touching was actually welcome and consensual by the other party.
Can These Charges Be Sealed?
Charges such as these may be sealed under certain circumstances. If you are convicted of Open or Gross Lewdness as a Gross Misdemeanor, you may apply for sealing the records of that case after two years have elapsed from the conclusion of the case.
If the conviction was for felony Open or Gross Lewdness, you may not have the records sealed.
If you are acquitted of the charges, or the charges are dismissed, you may apply for sealing immediately.
Facing Open or Gross Lewdness Charges? Hire The Defenders
If you’ve been charged with the crime of Open or Gross Lewdness, you need the services of a skilled and qualified attorney to assist you. Our attorneys know this area of the law and have provided skilled defense to hundreds of clients. Call our office today to discuss your case at (702) 333-3333.
Our experienced attorneys will fight to ensure your rights are protected. Do not hesitate – contact us today!
We offer a free, no-obligation case review and initial consultation.
We look forward to hearing from you and helping you through this difficult situation. Let The Defenders help protect your rights!
Frequently Asked Questions
What is open or gross lewdness in Nevada?
Open or gross lewdness in Nevada can be defined in two ways: performing sexual acts in public or in private where the act can be seen or involving non-consensual sexual touching in public that does not lead to penetration.
Is it a felony or misdemeanor to commit open or gross lewdness in Nevada?
Open or gross lewdness in Nevada is typically a gross misdemeanor, with the possibility of being charged as a felony depending on the number of offenses (like a second and/or subsequent conviction) or a previous sex offender record.
Are there any defenses to Open or Gross Lewdness in Nevada Charges?
Yes, there are potential defenses to open or gross lewdness charges in Nevada. Depending on the circumstances of your case, an experienced lawyer may be able to develop a defense strategy for you. This could include arguing that the act was consensual or that you were a victim of entrapment. Additionally, it may be possible to argue that the act did not meet the legal definition of open or gross lewdness. Ultimately, an experienced Nevada criminal defense lawyer will have a full understanding of all available defenses for your case and can provide you with the best advice and strategies given your unique circumstances.
Is jail time required for a conviction of Open or Gross Lewdness in Nevada?
In Nevada, whether or not jail time is required when convicted of Open or Gross Lewdness depends on the circumstances and facts of your case. Generally, a first-time conviction can result in up to 1 year months in jail. However, if there are aggravating factors present such as sexual contact with a minor, then jail time may be increased substantially. Additionally, if the accused has a prior criminal record then a harsher penalty can be expected. An experienced Nevada criminal defense attorney can help you assess the potential penalties for your specific case and determine the best course of action.
What are the consequences of a conviction for Open or Gross Lewdness in Nevada?
Open or Gross Lewdness in Nevada can carry a range of consequences, including fines of up to $5,000 and jail time of up to 4 years. Convicted individuals may also face registration as a sex offender, the loss of professional licenses or certifications, and limitations on employment and housing opportunities. Probation and court-ordered counseling or rehab may also be ordered. It is important to note that these penalties are potential consequences for a conviction. With the help of an experienced criminal defense attorney, individuals may be able to fight their charges and potentially have them reduced or dismissed altogether. By securing a strong defense, those who have been accused of these crimes can put themselves in the best possible position to avoid the most severe outcomes of a conviction.
Can the conviction of Open or Gross Lewdness be expunged from my record in Nevada?
There is no expungement of records in Nevada. However, it is possible for certain types of criminal convictions to be sealed. This includes Open or Gross Lewdness cases. However, the specifics vary depending on the severity and circumstances of the offense. For a gross misdemeanor, you can petition to have your records sealed 2 years after the case ends. Felony convictions, however, stay on your record forward.
