Lewdness and Indecent Exposure Criminal Defense Attorney in New Jersey
Pursuant to N.J.S.A. 2C:14-4, persons who commit “Lewd Acts” in the State of New Jersey face legal penalties. In particular, the statute says that 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 non-consenting person who would be affronted or alarmed.” As deliniated by the statute, a lewd act is characterized as any act of “exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.” This act happens more frequently than you might imagine. Lewdness encompasses a selection of activities beyond merely exposing one’s self in public. For example, engaging in sexual intercourse in a public place can become a lewdness charge if it is seen by another person. Also, receiving oral sex in a public place can also be a lewdness charge if it is seen by another person. In actuality, any sexual act performed in public, if it is seen by another, has the potential to become a lewdness charge.
Fourth Degree Lewdness Charges
If certain circumstances are involved, this offense can also be elevated to a fourth degree offense. As the statute suggest, an individual commits a fourth degree offense, when he exposes his private parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor is aware or reasonably expects he is likely to be observed by a minor child who is younger than thirteen (13) years of age, where the actor is at least four years older than the child. A person also commits a fourth degree offense if he exposes his private parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other individual under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who, due to mental disease or defect, is unable to understand the sexual nature of the actor’s conduct. By private, or intimate parts, the statute is referring to the reproductive organs of either a male or female, although, more often than not, the offense arises from the exposure of male genitalia.
Lewdness Attorneys in Jersey City: N.J.S.A. 2C:14-4
A conviction for either of these offenses does not expose you to the possibility of a Megan’s Law registration requirement to register as a sex offender. Nonetheless, these are serious offenses and ones for which you should seek the best legal representation you can obtain. A fourth degree charge can lead to a period behind bars for as much as eighteen (18) months and a fine of up to $10,000. Even a simply disorderly persons offense can lead to incarceration for up to six (6) months and a fine as high as $1,000. With that being said, a person charged with lewdness could be eligible for one of New Jersey’s diversionary programs; Conditional Dismissal and Pretrial Intervention. If the indvidual is accepted into either program, they will be given the opportunity to walk away from this incident without a criminal record, let alone spending a night in jail.
Hudson County NJ Lewdness Defense Lawyers
Lewdness charges in Hoboken, New Jersey requires the skills of an experienced Hudson County criminal defense firm. If you or a loved one got charged with Lewdness in Hudson County, do not delay in contacting one of our offices today for a free consultation about the details of your case. We are available 24/7 to answer any questions and address your concerns.
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