Nevada Law of Open or Gross Lewdness; NRS 201.210

Arrested for open or gross lewdness in Clark County, Las Vegas, Henderson, Reno, Laughlin or elsewhere in Nevada? Contact one of our criminal defense attorneys for help

Nevada criminal law in NRS 201.210 provides that a person who engages in gross or open lewdness is guilty of a gross misdemeanor on a first offense, and a category D felony on a second offense. Thus a person convicted of a first offense faces up to one year in jail, and on a second offense up to 4 years of Nevada State Prison.

The penalties for a Nevada open lewdness charge are serious, and a criminal record for this offense generates an embarrassing stigma. Thus a person charged with NRS 201.210 ought to seek the counsel of a skilled Las Vegas Nevada criminal defense lawyer before making any decision to go to court and plead guilty. In some cases, a Nevada criminal attorney may be able to get the charge reduced or dismissed.

What is "Open and Gross Lewdness" under Nevada Law?

Throughout the country and here in Nevada, terms like "lewd conduct," "lewd acts" and "open and gross lewdness" are vague and difficult to define with precision. The NRS 201.210 statute itself does not provide a great deal clarification.

In reviewing the case law, our best definition of Nevada's "Open or Gross Lewdness" is that it involves exposing one's private parts or engaging in sexual activity either in public or in any context that would offend other people.

Engaging in sexual acts in a doorless, public Las Vegas toilet stall constituted open and gross lewdness under NRS 201.210. (See the 1993 case of Young v State, 109 Nev 205). The restroom was in a public Las Vegas park. Defendants were convicted of both open or gross lewdness and indecent exposure.

Criminal defense lawyers argued that the conduct did not amount to "open lewdness" under Nevada law, since it was not observed by any third parties and since the participants did not intend to offend anyone. The Nevada Supreme Court affirmed the conviction, ruling that NRS 201.210 does not require proof of an intent to offend anyone, or proof that the open lewdness was observed by third parties-only that the public sexual conduct or exposure was intentional.

Open and Gross Lewdness Is Often Used for the Entrapment Gay Men

Across the U.S. and here in Nevada, police use the open and gross lewdness laws to arrest gay men for cruising in public. Las Vegas Metro Police have set up various undercover sting operations in public restrooms and parks. Las Vegas decoy officers pretend to be gay men out cruising, and often times will act cruisy and flirtatious-baiting unsuspecting gay men into doing something sexual. Then the suspects are arrested for open and gross lewdness.

Penalties for Open and Gross Lewdness for Non-Citizens

Open and gross lewdness may be a crime of moral turpitude in Nevada, which means that aliens may be removed from the U.S. for it. However, immigrants and legal aliens may be able to remain in the U.S. as long as it was their only conviction and it occurred at least five years after they were admitted to the U.S. And undocumented aliens convicted for it may still be able to adjust status as long as the judge did not impose six months or more of jail time and it's their only offense.

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