1. A person who commits any act of open or gross lewdness is guilty: (a) Except as otherwise provided in this subsection, for the first offense, of a gross misdemeanor. (b) For any subsequent offense, or if the person has previously been convicted of a sexual offense as defined in NRS 179D.097 , of a category D felony and shall be punished as provided in NRS 193.130 . (c) For an offense committed by a person 18 years of age or older in the presence of a child under the age of 18 years or a vulnerable person as defined in paragraph (a) of subsection 8 of NRS 200.5092 , of a category D felony and shall be punished as provided in NRS 193.130 . 2. For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open or gross lewdness.
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