Sex Offenses

In 1987 SN was convicted in NH of Aggravated Sexual Assault of a Minor. He was given probation. In 1999 he was convicted again of aggravated sexual assault of a minor and was sentenced to 9-18 years in NH State Prison. He served his time, was paroled, and successfully completed his parole. He was living in NH and was fully registered under the NH Sex Offender Registration Law. SN’s wife founded and opened a church in Massachusetts in a town in Essex County. SN would come down from NH to preach at the church on Sundays. He did this on a volunteer basis without any pay. A private citizen did some research on SN and discovered that he was a convicted sex offender in NH. In July of 2022 she notified the local police.

The local police confirmed his two convictions in NH for sex offenses and they confirmed that he was registered as a sex offender in NH. They confirmed with the Massachusetts SORB (Sex Offender Registry Board) that he was not registered in Massachusetts. Massachusetts Law requires that if you live in MA or if you are employed in MA or if you go to school on MA and if you are a convicted sex offender (in any state) then you must register in MA. The police called SN in for an interrogation. The police asked about his position at the church. He said he was a pastor at the church and came down on Sundays to preach – something he enjoyed doing and for which he received no compensation. The police charged SN with Failing to Register in Haverhill District Court.

The statute reads as follows: ” ..a sex offender residing or working in the commonwealth or working at or attending an institution of higher learning in the commonwealth, shall … register”. The legal question raised in SN’s case is: :Does doing volunteer preaching without pay constitute working? At first blush, most people would say that in order to be considered “working” one must get paid. The Sex Offender Registration Statute, however, and the Code of Massachusetts Regulations defines work as “employment … whether compensated or uncompensated“.

You could not make this one up. On April 10, 2022 a husband and wife were driving a large tractor trailer truck south on I-495 in Haverhill. The wife was driving and her husband was sitting next to her. The wife noticed a car pull along side the truck on the driver’s side. The wife looked over and saw what appeared to be a woman, wearing a skirt, touching herself over her skirt and her breasts were fully exposed. The woman told her husband and her husband got out his cell phone and took a video of the woman fondling her breasts and touching herself over her skirt. The car ultimately passed the truck and the husband got a photo of the car and its license plate. The couple called the state police and told the police what happened and gave the police the plate number of the car. The State Police ran the plate and discovered the car was registered in Haverhill. The police went to the Haverhill address and the car was there and the engine was still warm. The police knocked on the door and MN came to the door. MN was a 44 year old male. The police asked MN if he was alone. He said yes. The police asked if there was a woman in the house. He said no. The police asked if anyone had driven his car that night and MN said no. The police asked MN if he had driven the car earlier and he said yes. The police left.

Shortly thereafter the husband and wife who had been in the truck sent to the State Police the video that they had taken. The police obtained a criminal complaint against MN for open and gross lewdness in Haverhill District Court. MN consulted with and retained Attorney Robert Lewin from Andover, MA. Attorney Lewin has an enviable record of successfully defending all types of sex offenses.

On August 3, 2022 MN was arraigned. Following his arraignment Attorney Lewin prepared and filed a Motion to Dismiss the case. In order to prove the crime of Open & Gross Lewdness the first element of the crime that the state must prove is that the accused “exposed his or her, genitals, buttocks, or female breasts” to one or more persons. That is exactly what the law requires the state to prove as the first element of the crime. In this case, however, there was NO evidence that MN exposed his genitals. There was NO evidence that MN exposed his buttocks. Male breasts are not included, only female breasts. A female is generally defined as “the sex which conceives and give birth to young”. MN is a male and has no ability to either conceive or give birth to young. Attorney Lewin set this all out in his Motion to Dismiss the case.

Articles Posted in Sex Offenses

Failure To Register As A Sex Offender Charge To Be Dismissed

OPEN AND GROSS LEWDNESS CHARGE DISMISSED