Open and Gross Lewdness and Lascivious Behavior
A man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished. In order to prove a defendant guilty of this offense, the Commonwealth must prove five things beyond a reasonable doubt:
- That a defendant exposed their genitals, buttocks or "female" breasts to one or more persons.
- That a defendant did so intentionally.
- That a defendant did so "openly," that is, either they intended public exposure, or they recklessly disregarded a substantial risk of public exposure, to others who might be offended by such conduct.
- That a defendant's act was done in such a way as to produce alarm or shock.
- That one or more persons were in fact alarmed or shocked by the defendant exposing themself.