A twenty one year old woman was sitting on her porch late last week when Pamphra Mulondo of Framingham, Massachusetts rode his bike by home. He stopped, pulled down his fly and fondled himself for two minutes. The woman then walked to a local drug store and saw Mulondo again. She became nervous and asked store employees to contact the police. The defendant was arrested and charged with open and gross lewdness and disorderly person. The case is pending in the Framingham District Court.
Open and gross lewdness in Massachusetts is a felony proscribed by Massachusetts General Laws Chapter 272 Section 16. A conviction of this offense carries a possible three year state prison sentence or a two year house of correction sentence if the district attorney chooses to prosecute the case in the district court. This crime requires the district attorney to prove that the defendant intentionally, indecently and offensively exposed himself in such a way as to produce alarm. To convict someone of this crime a jury must be convinced beyond a reasonable doubt that the defendant acted in such a way as to alarm or shock. Here, the actions of the defendant appear to satisfy the elements of this offense. If he does not have a criminal record a good lawyer should be able to get this matter continued without a finding.
The Law Office of Stephen Neyman defends Sex Crimes in Massachusetts including the crime of Open and Gross Lewdness. If you have been charged with this crime call us at 617-263-6800 or contact us online.