New Jersey’s “lewdness” law makes it a criminal offense to do anything flagrantly lewd or offensive knowing or reasonably expecting that someone may see it and be offended, such as exposing your intimate body parts to another person without consent. This means a person could be arrested and charged for an intentional act of sexual gratification, a misguided prank, an innocent mistake, or an uncontrollable compulsion.
An indecent exposure charge in New Jersey could result in jail time and a fine. A conviction will remain on the individual’s record to be found by prospective employers, colleges, and others who conduct criminal background checks for years to come.
At the Law Offices of Jonathan F. Marshall, we help New Jersey residents who have been arrested for indecent exposure, including some who were under the influence of alcohol or were “carried away” when they found themselves confronted by police. Our law firm can show you how to beat an indecent exposure charge.
If you have been charged with lewdness after an alleged indecent exposure in New Jersey, it is essential that you retain a defense lawyer experienced with New Jersey sex crimes. Prosecutors are aggressive and often inflexible when litigating sex crimes of any type or severity. However, the Law Offices of Jonathan F. Marshall offers a team of defense attorneys with the experience and skills required to successfully fight indecent exposure charges. Contact us now for a free initial legal consultation.
What Is the Charge for Indecent Exposure?
The offense of “indecent exposure” is found in New Jersey’s lewdness statute (N.J.S.A. 2C:14-4). It defines “lewd acts” as exposing genitals to arouse or gratify sexual desire.
It is a disorderly persons offense to commit any lewd or offensive act knowing or reasonably expecting that some other nonconsenting person who saw it would be offended or alarmed. Indecent exposure can be charged as a fourth-degree offense, which carries stiffer penalties, if the act is observed by a:
- Child younger than 13 years old when the actor is at least four years older than the child
- Person who is unable to understand the sexual nature of the conduct because of a mental disease or defect
A person may be charged under the statute for exposing intimate body parts in public, including sexual organs, the genital area, the anal area, the inner thigh, the groin, buttocks, or breasts. This includes:
- “Flashing” or “mooning” someone
- Streaking
- Urinating in public
- Masturbating in public
- Engaging in sexual intercourse or another sexual act in public
However, the law does not use the terms “public” or “private.” Instead, it relies on the reasonable expectation that the conduct could be observed by someone who does not consent to it.
Penalties for Indecent Exposure in New Jersey
In most cases, indecent exposure in New Jersey is charged as a disorderly persons offense, punishable by up to six months in jail and a $1,000 fine. When charged as a fourth-degree offense, it is punishable by up to 18 months in jail and a fine of up to $10,000.
However, New Jersey’s sex offender registry requirements under Megan’s Law do not apply to a disorderly persons or fourth-degree offense conviction for lewdness.
Common Defenses Against Indecent Exposure Charges
If you have been charged with indecent exposure, you have the right to a legal defense that seeks the most favorable outcome available. The court must also presume you are innocent unless and until a prosecutor can prove guilt beyond a reasonable doubt.
The Law Offices of Jonathan F. Marshall will protect your rights and explore every lead to raise doubt about the prosecution’s case. Typical defenses include:
- Lack of intent – New Jersey’s law requires that the defendant “knows or reasonably expects” that they are likely to be observed. It would be up to the prosecutor to prove your intent or that it was reasonable for you to expect to be observed. Any attempt at privacy could establish reasonable doubt.
- Mistaken identity – It may be impossible to prove that you were the perpetrator if it was dark at the time of the alleged offense and you were not caught “in the act.”
- Constitutional violations – Errors or misconduct might include:
- Illegal arrest
- Mistaken identity or a faulty suspect lineup
- False or impeachable witness testimony
- Racial, ethnic, religious, socio-economic, gender, age, or other bias (i.e., “profiling”)
- Other prosecutorial or police misconduct
- Mental health defense – In cases involving an intentional act, we may seek an evaluation of our client’s mental health. When appropriate, we may share findings with the court that indicate a lack of understanding or control on our client’s part.
When the facts of the case weigh against our client, we may ask the court to consider our client’s age and maturity, expressions of remorse, prior record (if clean), or willingness to seek counseling about underlying motivations. This may help us gain a dismissal or reduction of charges.
To ensure that you have the opportunity to obtain a favorable outcome when charged with indecent exposure, you must be represented by a skilled defense attorney who understands New Jersey sex crime laws. And to be sure that prosecutors will listen when your attorney proposes alternate theories of the case and reasons to reduce or drop charges, you need an attorney with experience in local courts.
Call Our Experienced NJ Sex Crime Attorneys to Help You
If you have been arrested for indecent exposure and lewdness in New Jersey, exercise your right to remain silent and contact an experienced criminal defense attorney from the Law Offices of Jonathan F. Marshall as soon as you can. Prosecutors and judges reflect the views of their community, which means they take all crimes related to sexuality seriously. We can help you avoid a conviction that may mean immediate imprisonment and will follow you for years.
Our attorneys are former prosecutors and public defenders from across New Jersey. We have the experience needed to stop wrongful prosecutions and the relationships necessary to negotiate on behalf of defendants who do not deserve the harshest punishment available for lewdness charges. Our lawyers have over 200 years of combined legal experience serving accused people like you. One person we helped says:
“I was accused of sexual assault. Everyone shunned me, even several attorneys that I called. No one wanted to take my defense seriously. But Jonathan was different. I knew he believed me and I thank god I found him. He scrutinized all the evidence and poked so many holes in the case that I was able avoid a conviction. I made the right choice.”
Reach out online or call us 24/7. Initial consultations are always free.
