If you or someone you know has been charged with Lewdness in New Jersey, contact The Moriarty Law Firm today at (732)842-7773 for a free, confidential consultation. Good legal help is critical when facing these, or any other type of criminal charge. Lewdness may, in some cases, lead to the defendant being placed on Megan’s Law, which has it’s own incredibly serious implications. Get the help you need by calling today.
Lewdness Criminal Charges in New Jersey: N.J.S.A. 2C:14-4
The statute governing criminal charges for lewdness in New Jersey is N.J.S.A. 2C:14-4 which provides:
§ 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.
Explanation of a Lewdness Criminal Charge
Under subsection (a) of the above statute, lewdness is a disorderly persons offense which must be handled in Municipal Court in New Jersey. However, subsection (b) is a crime of the fourth degree, which means it is an indictable criminal offense and must be handled at the county or Superior Court level in New Jersey. Crimes of the fourth degree require a maximum of eighteen (18) months in prison if convicted. Thus, it is important to understand whether you are charged under subsection (a) or (b) of the lewdness statute as this will have a significant impact on the nature of the penalties involved in New Jersey.
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