Open and Gross Lewdness a Felony in Massachusetts?

Yes. Open and Gross Lewdness is a felony charge in Massachusetts.
But a charge is not a conviction—and how the case is handled early often determines whether someone avoids a permanent felony record, sex-offender consequences, and damage to their career.

Attorney Michael DelSignore has spent more than twenty years defending people charged with serious criminal offenses, including open and gross lewdness. These cases are stressful, personal, and frightening—but they are also highly defensible when handled strategically from the start.

An open and gross lewdness charge immediately raises three fears for most people:

• Will this ruin my record or career?
• Am I facing prison or sex-offender registration?
• Can this be reduced or dismissed?

The short answer: often, yes—if handled correctly.
But waiting, panicking, or treating this like a routine misdemeanor is a mistake.

Attorney DelSignore has successfully resolved open and gross lewdness cases in situations such as:

• Salem District Court – Allegation of exposure in a parking lot Pretrial probation, with the case dismissed after one year and no further charges.
• Boston Municipal Court – Allegation of exposure near an apartment building Charge reduced from felony open and gross lewdness to misdemeanor indecent exposure.

These outcomes were not accidents. They resulted from early intervention, credibility with prosecutors, and a clear plan for resolution.

A critical defense strategy is understanding—and exploiting—the difference between these two offenses.

To convict, the Commonwealth must prove five separate elements:

1. Exposure of genitals, breasts, or buttocks
2. Intentional conduct
3. Openly or with reckless disregard of public exposure
4. Conduct intended to produce alarm or shock
5. That one or more people were actually and reasonably shocked or alarmed

Since 2017, courts also require that the alleged “shock or alarm” be objectively reasonable, not just subjective offense.

• Requires intentional exposure
• Does not require proof of shock, alarm, or community impact
• Carries far less long-term damage

A common and effective resolution is persuading the District Attorney to amend the felony charge to a misdemeanor, when the facts and defendant’s conduct support it.

Attorney DelSignore often recommends voluntary counseling while the case is pending.

This is important to understand clearly:

• It is not an admission of guilt
• It is not required by law
• It is a strategic decision, made to strengthen negotiations

Proactive counseling allows Attorney DelSignore to:

• Demonstrate accountability without conceding liability
• Address concerns raised in the police report
• Argue persuasively for dismissal, reduction, or pretrial probation

Handled correctly, this approach frequently changes how prosecutors view the case.

• A first conviction does not automatically require registration
• A second conviction does require sex-offender registration

Avoiding a conviction—or reducing the charge—is critical to preventing lifelong consequences.

These cases often fail because:

• The alleged exposure was not clear or intentional
• The conduct was misinterpreted
• The witness reaction does not meet the legal standard of “shock or alarm”
• The reaction was not objectively reasonable

Many reports sound worse on paper than the evidence ultimately supports.

A conviction for open and gross lewdness carries:

• Up to three years in state prison
• Or a fine of up to $300

But most cases are resolved long before trial when handled properly.

Sex-related criminal charges require judgment, discretion, and experience.
Attorney DelSignore regularly defends these cases and continues advanced legal education focused on sex-crime defense and trial strategy.

This is not the type of charge to hand to a general practitioner.

If you or a family member has been charged with open and gross lewdness, do not assume the worst—and do not navigate this alone.

Call or text DelSignore Law at 781-686-5924
You can also learn more about the court process and what happens at an arraignment on our website.

The right decisions early can protect your record, your career, and your future.