702-623-6362 
If you were cited after an encounter with casino security, arrested by Las Vegas police, or asked to speak with a detective, look for the statute number on your paperwork. NRS 201.210 is Nevada’s law on open or gross lewdness, commonly called open and gross lewdness. It can be charged as a gross misdemeanor or a felony. Even a gross misdemeanor conviction can carry a sex offender registration requirement.
In a case involving open and gross lewdness, Nevada prosecutors must prove what happened and why the circumstances meet the statute. What exactly did the witness say happened? Where were they standing? What does the video show before and after the incident? Las Vegas defense attorney Nick Wooldridge can review the charge and explain what comes next.
Call (702) 623-6362 or request a free initial consultation.
On This Page
The prosecution must prove an underlying lewd act and show why the conduct qualifies under NRS 201.210. In plain terms, open lewdness concerns how the act was carried out. A private location can still be relevant if the conduct was carried out openly. Gross lewdness concerns the degree and character of the alleged conduct. Nevada courts look at whether the act was obscene, indecent, or sexually unchaste, and at how it was carried out.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Allegations of lewd sexual acts can arise from an accusation of sexual activity where others could see it or from a report of unwanted sexual touching. The description in a police report is a starting point. In Shue v. State, the Nevada Supreme Court reversed an open or gross lewdness conviction because the evidence on that count failed to establish a lewd act. Read the Nevada Supreme Court’s opinion in Shue.
A first offense is ordinarily a gross misdemeanor, punishable by up to 364 days in county jail, a fine of up to $2,000, or both. The charge is a Category D felony in any of these circumstances:
A Category D felony carries a prison range of one to four years and a possible fine of up to $5,000. Nevada lists convictions under NRS 201.210 as sex offenses for registration purposes. Registration tier and public listing are separate questions.
See our guide to Nevada’s open or gross lewdness law and penalties and Nevada’s registration statute.
We begin by reviewing the charging document; the witness statements; and any recordings that exist. For example, a security report may state that someone’s behavior was visible from a hallway. However, the camera angle; a closed door; a divider; or the witness’s position may provide a different account. In addition, a brief video clip may fail to show what occurred prior to an encounter or how the individuals involved responded after the encounter.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
We use this review to determine if we should contest the charge; ask for a reduced charge; or go to trial. We also use it to review any plea bargain offered by the prosecutor to see how a conviction based on the statute being proposed will affect sentencing, registration, and your ability to have the record sealed.
In 2023, LV Criminal Defense had a client who was originally charged with Open or Gross Lewdness. This case ended up being resolved as Misdemeanor Battery; therefore, there was no need for the client to register as a Sex Offender. It is important to note that past results cannot be used to predict what will happen in other cases.
These charges can come out of the same investigation. The statute number identifies what the prosecution must prove.
| Charge | What the allegation concerns |
|---|---|
| Open or gross lewdness (NRS 201.210) | A lewd act and the circumstances in which it was carried out. |
| Indecent or obscene exposure (NRS 201.220) | Open and indecent or obscene exposure of one’s own person or another person. |
| Lewdness with a child (NRS 201.230) | A qualifying act upon or with a child’s body. The age threshold is under 16 when the accused is an adult and under 14 when the accused is under 18. |
Keep all citations, booking documents, and any other documentation related to your release. Record the date and location of the event as soon as possible after it occurs. Maintain all communications, receipts, and photos/videos in their original format.
Inform your attorney of which businesses/properties may have video of the incident so that counsel can determine if a preservation letter should be sent.
Obtain the name and case number of the detective who is requesting an interview; however, consult with counsel prior to providing answers regarding the allegations. Learn about obtaining legal assistance before charges are filed.
No, actual observation of the crime and intent to offend are not required for the basic offense; however, the prosecution must still establish the alleged crime and why it is a crime. If the prosecution alleges a felony based on a child or vulnerable person being present, then those additional facts must be proven by the prosecution. See Young v. State, Nevada Supreme Court.
Send your lawyer the citation or release paperwork, including the court name and appearance date. Counsel can check whether the court requires you to appear in person or allows another arrangement. Follow the court’s instructions while that is being determined.
Eligibility depends on how the case ended. Nevada has separate rules for convictions, dismissals, and acquittals. A qualifying gross misdemeanor conviction may be eligible for sealing after two years from release from custody or discharge from probation, whichever comes later. A felony conviction under NRS 201.210 is ineligible under the ordinary sealing statute.
See our Nevada record sealing guide for the petition process and NRS 179.245 for conviction eligibility.
Bring whatever paperwork you have and tell us when the next court date or requested interview is scheduled. Call LV Criminal Defense at (702) 623-6362 or request a free initial consultation with Nick Wooldridge.
