SEQ CHAPTER \h \r 1CR10-601 (06/19/03)

Definition of “open and gross” (context of lewd and lascivious behavior)

Open and gross means that the alleged act was committed within the view of at least one non-consenting member of the public.  You may find that (Def)_______________’s acts were “open and gross” if they were committed in a public place, or you may find that (Def)_______________’s acts were “open and gross” if they were done openly in the presence of (victim)_______________, without (victim)_______________’s consent, whether or not they were in a public place.