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Carteret NJ Lewdness Defense Lawyer
Marshall Bonus Proetta & Oliver is the largest criminal defense firm in Middlesex County so we understandably have occasion to defend many clients charged with lewdness. If you were accused of lewd conduct such as masturbating or exposing your private parts in Woodbridge, Edison, New Brunswick, Highland Park or South Amboy, we have the know-how to protect you. The lawyers at the firm have over a century of experience defending those charged with fourth degree and disorderly persons offenses for lewdness. Our defense team includes Jason Seidman, Esq., who is a former supervisor in the Middlesex County Prosecutor’s Office. Mr. Siedman or another lawyer on our staff is ready to assist you immediately by calling our New Brunswick Office at 732-246-7126.
Lewdness Charge in Middlesex County New Jersey
The statute governing criminal charges for lewdness is New Jersey is N.J.S.A. 2C:14-4. This law provides that:
§ 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 non-consenting 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. A lewdness charge under subsection (a) of 2C:14-4 is a disorderly persons offense that will be handled in municipal court. The elements that the state must establish, beyond reasonable doubt, in order to convict someone under this provision are: (1) performance of a flagrantly lewd and offensive act by the defendant; (2) that he or she should have reasonably assumed would be observed by a non-consenting person; (3) who was over 13 years of age; and (4) who would be alarmed or affronted by the conduct. It is important to keep in mind that the actor must engage in a sexual act with the intention that it would either be observed by another person(s) or it was reasonably likely to be observed. When the observer/victim is 13 year or younger, lewdness is a fourth degree crime under subsection (b). Under either grade of violation, an act is lewd when it involves exposure of genitals for the purpose of arousing or gratifying a sexual desire. The penalties for a disorderly persons offense of lewdness include up to six month in the county jail and a $1,000 fine. Fourth degree lewdness carries the possibility of a $10,000 fine and up to 18 months in jail.
Woodbridge NJ Lewdness Attorney
If you are arrested in Woodbridge for engaging in lewd conduct such as masturbating or fondling your genitals in public, an attorney on our staff is prepared to do what is necessary to defend you against a conviction. Our firm, Marshall Bonus Proetta & Oliver, is a mainstay in the criminal bar that has handled countless lewdness offenses in towns like Sayreville, Perth Amboy, South Plainfield and East Brunswick. Our team is equipped with the knowledge and skill that is necessary to afford you maximum protection. To speak to one of the lawyers immediately, contact our Woodbridge New Jersey Office at 732-634-0700.