Q: Under Massachusetts law, what is the difference between lewd, wanton and lascivious and open and gross lewdness?
A:
For Open And Gross Lewdness And Lascivious Behavior, the prosecutor has to prove the following elements:
First: That the defendant exposed his (her) (genitals) (buttocks) (or) (female breasts) to one or more persons;
Second: That the defendant did so intentionally;
Third: That the defendant did so “openly,” that is, either he (she) intended public exposure, or he (she) recklessly disregarded a substantial risk of public exposure, to others who might be offended by such conduct;
Fourth: That the defendant’s act was done in such a way as would alarm or shock a reasonable person; and
Fifth: That at least one person was alarmed or shocked.
For a Lewd, Wanton And Lascivious Act, the prosecutor has to prove the following elements:
First: That the defendant (committed) (publicly solicited another person to commit) a sexual act; Second: That the sexual act involved touching the genitals or buttocks, or the female breasts;
Third: That the defendant did this either for the purpose of sexual arousal or gratification, or for the purpose of offending other people; and
Fourth: That the sexual act (was) (was to be) committed in a public place; that is, a place where the defendant either intended public exposure, or recklessly disregarded a substantial risk of public exposure at that time and under those circumstances, to others who might be offended by such conduct.
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