Individuals are charged with lewdness and indecent exposure in any county in New Jersey and other Union County municipalities much more often than you might think. Whether it was an innocent mistake, an intentional act for sexual gratification, or just a compulsion you cannot seem to control, N.J.S.A. 2C:14-4 makes it a violation of the criminal code if the conduct is likely to be observed by the public. The severity of the offense escalates when the potential viewer is 13 years old or younger. Give us a call for the guidance you need in this confusing time.
What You Need To Know If Charged With Lewdness Basics of a Lewdness Offense
N.J.S.A. 2C:14-4 creates the offense known as “lewdness”. This statute defines lewd acts to include a variety of misconduct including public masturbation, exposing intimate parts (e.g. penis) in public, or engaging in intercourse, oral sex or other sexual act where it is likely to be viewed by others. When this charge is triggered, it can be filed as a felony fourth degree crime or as a misdemeanor disorderly persons offense. It is a fourth degree crime under 2C:14-4 to expose intimate body parts for purposes of arousal or sexual gratification under circumstances where it is reasonable to assume that the conduct will be observed by someone under 13 years old or someone who suffers from a mental disability which renders them unable to appreciate the sexual nature of the conduct. Fourth degree lewdness charges are heard and decided in at the Superior Court. This is the court that has jurisdiction to hear 4th degree crimes. A disorderly persons offense of lewdness occurs when someone engages in a flagrantly lewd or offense act under circumstances where they should reasonably assume they shall be observed and alarming to a third party. If the charge is filed as a disorderly persons offense, the case is heard in the Municipal Court of the town where the violation was allegedly committed. Regardless of whether your charge is a fourth degree crime or a disorderly persons offense, obtaining strong legal representation is crucial since a conviction for a lewd act not only carries significant penalties on its own but will result in a 2C record that may imply to some that you are a sexual deviant.
Penalties for Disorderly Persons Offense and Fourth Degree Crime of Lewdness
Beyond the record that follows from a conviction for committing a lewd act, there are statutory penalties that must be imposed by a Superior Court or Municipal Court judge. Fourth degree lewdness carries a prison sentence of up to eighteen (18) months and a fine that can reach $10,000.00. Conviction for the less severe charge of disorderly persons lewdness results in a fine of $1,000 and a maximum jail term of six (6) months in the county jail. Megan’s law does not apply to even a fourth degree lewd act conviction under 2C:14-4.
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