Monmouth County Lewdness Defense Lawyers
The acts determined by New Jersey law to be sexual offenses are clearly outlined in the state’s statutes. One such sexual offense is lewdness. Lewdness offenses carry severe penalties and fines, therefore retaining the services of a Monmouth County criminal defense lawyer is essential. It is also important to understand how lewdness as defined by New Jersey law, including associated offenses, penalties, and how a tried and tested lawyer can help defend your case if you’ve been charged with lewdness.
For more than 60 years, Chamlin, Uliano, & Walsh has provided criminal defense services in Monmouth County, New Jersey. We believe in personalized client experiences and excellence in practice, understanding that a criminal conviction often comes along with serious life-impacting ramifications. With this at the forefront of our minds when handling criminal charges for lewdness, criminal sexual contact, sexual assault, and other sex crimes, our attorneys work hard to obtain dismissals or favorable plea deals for our clients. Our experience gives us the unique ability to understand the law and the associated procedures, while taking the time required to truly investigate the evidence in your case and assess the best manner in which to defend you. Our firm navigates the challenges of the criminal justice process on behalf of clients in Freehold, Asbury Park, Ocean Township, Red Bank, Long Branch, Howell, and other communities in Monmouth County and the Jersey Shore. Call our office at (732) 440-3950 or fill out our online intake form.
Lewdness Definition Under N.J.S.A. 2C:14-4
According to N.J.S.A. 2C:14-4, lewdness and lewd acts are defined as the exposing of one’s private parts for their own gratification or that of another, in the open or in a public place. A lewd act is seen as one that flagrantly fulfills the accused’s sexual indulgences and offends or serves as an affront to another. Within this definition of lewdness, there are different types that lead to varying consequences.
Categorizing Lewdness Under New Jersey Parameters
In New Jersey, depending on the circumstances within which a person exposes their private parts publicly or engages in another flagrantly lewd act, the offense could be categorized as a misdemeanor crime (known in New Jersey as a disorderly persons offense) or a minor felony crime, known by degree. In more serious cases, lewdness charges carry fourth or third degree felony status depending on the non-permitting witness.
Different Types of Lewdness Offenses
N.J.S.A. 2C:14-4 states that if a person engages in a flagrantly lewd act with the knowledge or reasonable expectation that they are going to be observed by another who has not given permission, they will be subject to a disorderly persons charge. Examples of lewdness as a disorderly persons offense are exposing one’s private parts or masturbating for sexual pleasure in a public place, or having sex in a public place.
A lewdness charge is escalated to a felony charge when the person who engages in the lewd behavior “knows or reasonably expects” that they are being witnessed by a minor under the age of 13, or witnessed by someone who is mentally incapable of understanding the sexual nature of such an act. If the act involves a person who does not have the mental capacity to understand the lewd act, the actor will be charged with a fourth degree felony crime. If the act involves a minor under the age of 13, the actor will be subject to a third degree felony charge. Examples of felony lewdness are exposing oneself to a minor or mentally incapacitated person or asking/making a minor or mentally disabled person to touch one’s private parts.
Fines and Penalties According to Degree of Lewdness in NJ
Lewdness charges carry such penalties as fines, incarceration, probation, revocation of one’s driver’s license, and community service. Lewdness as a disorderly persons offense carries a potential of six months jail time; a fourth degree felony lewdness charge carries up to a year and a half in jail, and a third degree felony lewdness charge carries up to five years in prison. Fines for a disorderly persons offense can amount to $1,000, while fourth degree and third degree offenses carry up to $10,000 and $15,000 respectively.
As noted above, if the lewd act was committed in front of a minor or a mentally disabled person, it carries a third or fourth degree felony charge, respectively.
Proving Lewdness Charges in Freehold NJ
In order to prove that an act constituted lewdness, a number of elements must be proven:
- the lewd was flagrantly offensive
- the act had sexual motivation
- the actor intended to commit the act publicly
- the act was witnessed by a non-consenting person
- the non-consenting person could have reasonably been offended
Lewdness and Megan’s Law Applicability
In New Jersey, a lewdness charge will most likely not result in requirement to be registered as a sexual offender under Megan’s Law. That said, the lewdness charge could be accompanied by other sexual offense charges that make one applicable for Megan’s Law registry as a sexual offender.
Contact our Lewdness Attorneys for Your Defense in Asbury Park
If you have been charged with misdemeanor or felony lewdness, it is essential that you seek the support of a skilled criminal defense lawyer. There are high prices to pay for sexual offense conviction for lewdness, but there are also a number of defenses that can strengthen your case. Some defenses to potentially explore are the defendant’s lack of intent to act publicly or their lack of sexual motivation in the act. In some cases, a strong defense can lead to acquittal.
If you have been arrested and charged with a misdemeanor or felony for lewdness in New Jersey, we at Chamlin, Uliano, & Walsh understand how important your reputation and freedom are. Our criminal law team has a long history of representing clients in Neptune, Holmdel, Middletown, Eatontown, Belmar, and all areas of Monmouth and Ocean Counties. Contact (732) 440-3950 to arrange a confidential consultation to discuss your 2C:14-4 charges and ways to avert the heavy consequences.