New Jersey Lewdness Offense - the Law - Penalties - Defenses - How Our Criminal Defense Attorneys Can Help

The Lewdness Law in New Jersey

Lewdness is a criminal offense in New Jersey which is governed by N.J.S. 2C:14-4 which provides in pertinent part:

§ 2C:14-4. Lewdness

a. A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other nonconsenting persons who would be affronted or alarmed.

b. A person commits a crime of the fourth degree if:

(1) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor is at least four years older than the child.

(2) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actor’s conduct.

c. As used in this section:

“lewd acts” shall include the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.

Common Sense Explanation of this Law

This law targets conduct that is flagrantly lewd and offensive when it is likely to be observed by non-consenting persons who will be alarmed. Lewd conduct generally refers to the exposing of genitals for purposes of arousal or sexual gratification. The alarming conduct can stem from observation of the actor gratifying him or herself, or from observing two or more individuals engaging in sexual acts. You can therefore find yourself charged with lewdness based on a wide variety of conduct although exposing ones genitals and masterbating is definitely the most common factual scenario.

 

Elements of Proof

There are fundamental elements of every criminal offense that must be demonstrated by the state in order for it to satisfy its burden of proof. In terms of a lewd conduct charge brought in accordance with 2C:14-4, the prosecutor must establish the following, beyond reasonable doubt, in order to secure a conviction:

1. the defendant exposed his/her intimate parts (e.g. exposing penis or masturbating);

2. for the purpose of arousing or gratifying the sexual desire of the actor or another person;

3. the conduct was under circumstances where the actor knew or reasonably should know it would be likely to be observed another person.

(Additional Elements Where Fourth Degree Lewdness Is Charged)

4. the person set forth in (3) above was a child under the age of thirteen (13)

5.  the defendant was at least four (4) years older than the child.

(Additional Element Where Third Degree Lewdness Is Charged)

4. the person set forth in (3) suffered from a mental disease or defect

5. the victim, because of his or her mental disease or defect, was unable to understand the sexual nature of the defendant’s conduct.

Grading of Lewdness Charges

Lewdness is typically a disorderly persons offense. It can, however, escalate to a fourth degree crime. A lewd act will result in fourth-degree lewdness where it is likely to be observed by a victim who suffers from a mental disease or disability. The violation is enhanced still further to third-degree lewdness where the observer is under the age of thirteen (13).

Penalties

The penalties imposed under N.J.S.A. 2C:14-4 vary depending on whether the charge is a disorderly persons offense, is third-degree crime or is a fourth-degree offense.

The jail exposure is six (6) months and the maximum fine is $1,000 for a disorderly persons offense for lewdness.

The prison term is up to eighteen (18) months and the potential fine is $10,000 for fourth degree lewdness.

The period of imprisonment is up to five (5) years and a fine that can reach $15,000 for third degree lewdness.

Defenses

There are numerous defenses that the savvy attorneys at our firm can raise on behalf of a client arrested for masterbating in public or some other lewd act. The following are some of the more common defenses:

1. Conduct Wasn’t Lewd In Nature. The prosecution must establish that the accused committed a “lewd act”. If you didn’t expose yourself or, alternatively, the incident was unintentional then you cannot be convicted of lewdness.
2. There Wasn’t Sexual Gratification. In order to commit a NJ lewdness charge, the actor must expose themself for sexual gratification. If the incident occurred, for example, because the actor was going to the bathroom and nothing more, then it is not conduct for sexual gratification. The state cannot substantiate a lewd act in this instance although we have scene individuals charged with lewdness for urinating in public many times in the past. The violation has always been defeated in this setting because the fundamental requirement of sexual gratification is lacking.
3. Conduct Wasn’t Observed. The sexual conduct must be observed in order for someone to be injured and, so too, this violation to be triggered. A police officer, park ranger in a Gunnison Beach lewdness case, or another third party observer must actually see the conduct, mere suspicion doesn’t suffice.
4. A Reasonable Person Wouldn’t Have Believed It Was Observable. Another requirement in order to convict is the reasonable expectation that the conduct would be observed. When someone obscures the view of others or is located in a remote location which is unlikely to be observed, the elements of this offense have not been established. This doesn’t mean, however, that the federal government or state prosecutors will not attempt to convict you for lewdness. It is our job of our lawyers to successfully defend this charge based on the lack of proof of reasonable observation.
5. Victim Was Not Non-consenting. There can only be a violation of 2C:14-4 if the observer is non-consenting and affronted by the conduct. If the observer’s view of the conduct was voluntary or they were not offended or alarmed then there can’t be a conviction for lewdness.

Contact Our Highly Skilled Lewdness Defense Lawyers in New Jersey

If you have been charged with lewdness in New Jersey, our team of former prosecutors and experienced criminal defense lawyers will examine the facts of your case, consider the potential plea offer from the State, and draft a comprehensive defense strategy to combat the charge.

There are few charges which garner more griminess than a lewdness offense. Prosecutors often feel they need to make a point in a lewd conduct case whereas the accused frequently wants nothing more than to resolve the case as quickly as possible given the embarrassing nature of the offense. Indeed, it is common for the attorneys at Marshall Criminal Defense to represent individuals who are otherwise productive law abiding citizens who resort to casual rendezvous in inappropriate settings or simply cannot control their compulsions.

Irrespective of the scenario in which an individual exposed themself, our defense team is prepared to achieve the best outcome possible. Call us now at 1-877-534-7338 for assistance.