Lewd, Wanton and Lascivious Conduct

Massachusetts General Laws Chapter 272, Section 53, punishes lewd, wanton and lascivious persons in speech and behavior with imprisonment in the House of Corrections for up to 6 months, and a fine of up to $200.

The purpose of the statute is to punish the performance or solicitation of a sexual touching which does not rise to the level of a complete sexual act, and which is performed or intended to be performed in a public place where others may be offended by it.

In order to be convicted of the crime of Lewd, Wanton or Lascivious Conduct, the prosecutor is required to prove, beyond a reasonable doubt:

1. That the defendant committed or publicly solicited another person to commit a sexual act;
2. That the sexual act involved the touching of the genitals or buttocks or the female breasts;
3. That the defendant did this either for the purpose of sexual arousal or gratification, for the purpose of offending other people; and
4. That the sexual act was 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.

Implicit in the crime of Lewd, Wanton or Lascivious Conduct, is that the proscribed conduct took place in public. In other words, a defendant cannot be convicted of this crime if he desired privacy for a sexual act and took reasonable measures in order to secure that privacy. Therefore, the prosecutor must prove that in choosing the particular location where the offense was committed, the defendant either intended public exposure or recklessly disregarded a substantial risk of public exposure at that place and time.

If you have been charged with the crime of Lewd, Wanton or Lascivious Conduct, Boston Criminal Lawyer Lefteris K. Travayiakis can help explain and defend your legal rights, and is available 24/7 for consultation.

To schedule a Free Consultation and to discuss your criminal case with Attorney Lefteris K. Travayiakis, Contact Us Online or call 617-325-9500.