Massachusetts General Laws

Mass. Gen. Laws ch. 272, § 16 (2026)

Open and gross lewdness and lascivious behavior

✓ current as of July 2026

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Section 16. A man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars.

Notes of Decisions

Cited in 108 cases (12 in the last 5 years), 1930–2025 · leading case: Commonwealth v. Quinn, 789 N.E.2d 138 (Mass. 2003).

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Commonwealth v. Quinn, 789 N.E.2d 138 (Mass. 2003). · cites it 27× “In April, 2001, the defendant, Patrick Quinn, was charged in the West Roxbury Division of the District Court Department with “open and gross lewdness” in violation of G. L. c. 272, § 16. 1 After denying the defendant’s motion to *493 dismiss,* 2 3the judge reported two questions…”

Commonwealth v. Maguire, 65 N.E.3d 1160 (Mass. 2017). · cites it 7× “Maguire, was convicted in the Boston Municipal Court of open and gross lewdness and lascivious behavior in violation of G. L. c. 272, §16, and resisting arrest in violation of G.”

Commonwealth v. Kessler, 817 N.E.2d 711 (Mass. 2004). · cites it 7× “A District Court jury found the defendant, Michael Kessler, guilty of open and gross lewdness and lascivious *771 behavior in violation of G. L. c. 272, § 16. 1 The defendant appealed, arguing (1) insufficient evidence of alarm or shock on the part of persons viewing his…”

Commonwealth v. Fitta, 461 N.E.2d 820 (Mass. 1984). · cites it 10× “” G. L. c. 272, § 16. Prior to trial, the defendant moved to dismiss the complaint on the ground that the statute under which the crime was charged was so vague and over- *395 broad that it deprived him of his constitutional rights under the due process clause of the Fourteenth…”

Commonwealth v. Ora, 883 N.E.2d 1217 (Mass. 2008). · cites it 9× “The defendant, Ria Ora, was arrested and charged with open and gross lewdness in violation of G. L. c. 272, § 16, for dancing nude at an “anti-Christmas” protest in the kiosk area of Harvard Square, Cambridge.”

Commonwealth v. Blackmer, 932 N.E.2d 301 (Mass. App. Ct. 2010). · cites it 8× “The defendant appeals from his conviction after a *475 Superior Court jury trial of one count of open and gross lewdness and lascivious behavior, G. L. c. 272, § 16, and one count of being lewd, wanton, and lascivious in behavior, G.”

City of Revere v. Aucella, 338 N.E.2d 816 (Mass. 1975). · cites it 14× “These cases test the constitutionality of G.L.c. 272, § 16, prohibiting "open and gross lewdness and lascivious behavior," as applied to a nude "Go-Go" dancer in a bar.”

Commonwealth v. Templeman, 381 N.E.2d 1300 (Mass. 1978). · cites it 8× “We affirm his conviction under G.L.c. 272, § 16. *534 After a jury trial, the defendant was acquitted of rape but convicted of "open and gross lewdness and lascivious behavior" under G.”

Doe v. Sex Offender Registry Bd., 897 N.E.2d 1001 (Mass. 2008). · cites it 3× “Doe was classified as a level two sex offender based on convictions of open and gross lewdness and lascivious behavior in violation of G. L. c. 272, § 16; the convictions occurred in 1992 and 2003.”

Commonwealth v. Adams, 450 N.E.2d 149 (Mass. 1983). · cites it 4× “After choosing a jury trial in the first instance and then waiving his right to a jury trial, Kenneth Adams was convicted in the Wareham District Court jury of six session of open and gross lewdness and lascivious behavior under G. L. c. 272, § 16. The Appeals Court granted a…”

P. B. I. C., Inc. v. Byrne, 313 F. Supp. 757 (D. Mass. 1970). · cites it 10× “NOTES [1] Mass.Gen.Laws Ann. c. 272 § 16 "A man and woman who, not being married to each other, lewdly and lasciviously associate and cohabit together, or a man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by…”

Commonwealth v. Coppinger, 86 Mass. App. Ct. 234 (Mass. App. Ct. 2014). · cites it 9× “After a jury trial, the defendant was found guilty of open and gross lewdness, in violation of G. L. c. 272, § 16, and of accosting a person of the opposite sex, in violation of G.”

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