New Jersey Lewdness Law
We represent clients charged with N.J.S.A. 2C:14-4; New Jersey lewdness complaints filed in central New Jersey municipalities including East Brunswick, New Brunswick, Woodbridge, Edison, Old Bridge, North Brunswick, South Brunswick, South River, Monroe and Sayreville.
Defendant is guilty of New Jersey lewdness law, N.J.S.A. 2C:14-4 if he or she commits any flagrantly lewd and offensive act which he or she knows or reasonably expects is likely to be observed by other non consenting persons who would be affronted and alarmed.
New Jersey lewdness offense is typically a disorderly persons except it is a fourth degree crime when defendant knows or reasonably expects to be observed by a child under 13 if the defendant is at least four years older than the child or by a person who is unable to understand the sexual nature of the actor's conduct because of mental illness or disease.
The act must be witnessed by a person who is not participating in the act to constitute an offense.
We represent clients charged with N.J.S.A. 2C:14-4; New Jersey lewdness indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.
Exposure for Disorderly Persons Offense Only
A person convicted of this offense is subject to a fine of up to $1000 plus assessments to Victims of Crime Compensation Board and to the Safe Neighborhood Services Fund of approximately $125.
Although a person convicted of this offense who has not been previously convicted of an offense is entitled to a presumption of non-incarceration, defendant may be sentenced up to six months in jail.
If a motor vehicle was used in the course of committing the offense, the court may suspend the defendant's driver's license up to two years.
If the defendant holds a public office, a conviction may result in forfeiture of office.
Expungement of Disorderly Persons Offense Only
Provided defendant has not been convicted of more than three disorderly or petty disorderly persons offenses, or defendant has not been convicted of an indictable offense, he or she may have their conviction expunged five years after sentence is carried out.
Statute of Limitations for Disorderly Persons Offense Only
Prosecution must be commenced within 1 year after the offense is committed.
Prosecution commences when a warrant or other process such as a summons or complaint is issued.
Strategy for Disorderly Persons Offense Only
The best case result for any type of charge is dismissal - no record and no fine - although more often than not it is not possible to procure such a favorable result for this offense.
If a dismissal is not attainable then the next best possible outcome would be a plea to a municipal ordinance, which will preclude one from sustaining the stigma that an offense attaches to one's record.
However, defendant will be fined by the Court, although fines for municipal ordinances are lower than are fines for disorderly persons offenses.
If at all possible, defendant should seek therapy before sentencing as it would serve as a powerful mitigating factor before the Judge at sentencing.
Defendant should be ready to present evidence that he or she is striving to become rehabilitated and it is improbable that he or she will become involved in this type of conduct in the future.
If you have any questions for a NJ criminal defense attorney about a New Jersey lewdness charge, please do not hesitate to contact us.