Public Lewdness in Massachusetts

Massachusetts law prohibits open acts of public lewdness, sometimes called gross lewdness or charged similarly to indecent exposure. The definition of what constitutes such lewdness is not always clear, however, and there are defenses to the charges, if you take the time to work with a highly-experienced criminal defense lawyer like Boston Sex Crime Attorney Brad Bailey. Contact our law firm today if you have been arrested for public lewdness.

Prosecution’s Duty to Prove Public Lewdness Charges

The balance and strength of our criminal justice system in America is that the burden of proof falls on the prosecution, not on the defendant. If the state wants to penalize you for alleged public lewdness, it must prove five things beyond a reasonable doubt:

1. You exposed your genitals, buttocks, or “female” breast to one or more person.
2. You did so with full intent to do so.
3. You did so openly or with enough disregard to others around you that they were likely to see it.
4. The exposure was completed to create alarm, shock, or offense in others who saw it.
5. The result was at least one person being alarmed, shocked, or offended.

Despite the specificity of the aforementioned list, it can actually be quite difficult for the prosecution to establish all five of those critical points. Much of the circumstances can be open to interpretation, allowing you to create a reasonable, solid defense against the charges.

Defense strategies against public lewdness may include:

• Mistaken identity
• No intent to cause self-exposure
• Space was not public
• Exposure was committed without intent to cause offense
• No one was offended – charged brought up only by the state

Our Goal is Case Dismissal

At Brad Bailey Law, our Boston criminal defense attorneys have made a reputation for closing criminal cases with total dismissals of all charges, or a not guilty verdict. In situations where the evidence was heavily piled up against the defendant, or the defendant wanted to plead guilty, vastly reduced sentencing was often the case result. If you are facing jail time, high fines, and probation for an alleged act of public lewdness, contact our office for a free case analysis today.