Lewdness Law Attorney in Elizabeth, New Jersey

In the realm of criminal jurisprudence, the concept of lewdness encompasses a wide range of behaviors deemed to be offensive or indecent, challenging societal norms and moral boundaries. Within the jurisdiction of New Jersey, the legal framework governing lewdness is multifaceted, encompassing various statutes that proscribe specific acts and articulate the consequences for engaging in such conduct. This is why it is important that if you or a loved one is facing an open or allegedly gross lewdness charge in New Jersey, contacting someone who is experienced is essential.

If you are accused of a weapon charge in New Jersey, you need to understand the law and your rights. You also need to hire a New Jersey criminal defense lawyer who has the experience and the skills to handle your case and fight for your freedom. If you’re seeking legal representation in New Jersey, particularly if you are facing a lewdness case, an endangering the welfare of a child charge, a prostitution charge, or a luring charge, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this guide that will provide you with a general overview of a lewdness charge and law in New Jersey, as well as some common defenses that may be available to you.

Defining Lewdness Charge in New Jersey

At the outset, it is crucial to establish a clear understanding of what constitutes lewdness under New Jersey law. Title 2C of the New Jersey Statutes, specifically sections 2C:14-4 and 2C:34-1, provides the legal framework that defines and criminalizes lewd behavior. Lewdness under N.J.S.A. 2C:14-4 is defined as:

• 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. 
• A person commits a crime of the fourth degree if:
  • 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. 
  • 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.
    • 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.

What Specific Acts are Lewdness in New Jersey

Lewdness, as defined by New Jersey law, encompasses a number of behaviors that are deemed to be lascivious, indecent, or tending to promote immorality. These behaviors can manifest in various forms, including:

• Public exposure of private body parts with the intent to arouse or gratify sexual desire.
• Engaging in sexual acts or simulated sexual acts in a public place or where others are present.
• Making obscene or indecent gestures or proposals in a public setting.
• Public display of sexually explicit material or images.
• Lewd or lascivious touching or fondling of another person without their consent.
• Solicitation or propositioning for prostitution or other forms of sexual activity.
• Distributing or possessing child pornography or engaging in any form of child sexual abuse.

The Elements of Lewdness: A Prosecutor’s Burden

To secure a conviction for lewdness, the prosecution bears the burden of proving beyond a reasonable doubt that the defendant engaged in conduct that meets the statutory definition of lewdness and that such conduct occurred in a public place or where others were present. Lewdness is either charged as a disorderly persons offense (commonly known as a misdemeanor in other jurisdictions) or a fourth-degree indictable (commonly known as a felony in other jurisdictions).

If it is a disorderly persons offense, then the prosecutor must prove the following elements beyond a reasonable doubt:

1. An act that was flagrantly (conspicuously bad) lewd and offensive. Lewd means sexually indecent behavior. Lewd acts shall include (but are not limited to) the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the defendant (or any other person). Offensive means an act that is grossly vulgar and causing resentment, one which offends common modesty and delicacy.
2. The defendant knows or reasonably expects is likely to be observed by non consenting persons who would be affronted or alarmed.

The term ‘knows’ is defined as:

• the State must prove that the defendant intended his/her act to be seen or he/she was aware that (it was probable) it would be seen by casual observers if they had looked. The defendant’s act must be done knowingly and not accidental and further it must be under circumstances through which the defendant knew his/her conduct would or was likely to cause alarm to those disinterested, casual, non-consenting spectators who would consider the behavior as threatening sexual aggression.

If it is a fourth-degree crime of lewdness, the prosecutor must prove the following:

• Fourth Degree Lewdness child is under 13 or the perpetrator is four years older then victim:

1. That the defendant exposed his/her intimate parts;
2. That the defendant did so for the purpose of arousing or gratifying the sexual desire of the actor and/or any other person;
3. That the defendant exposed himself/herself under circumstances where the actor knew or reasonably expected that he/she was likely to be observed by a child of less than 13 years of age;
4. That the child was less than 13 years of age; and
5. That the defendant was at least four years older than the child.

• Fourth Degree Lewdness alleged victim has a mental defect/disease:
  1. That the defendant exposed his/her intimate parts;
  2. That the defendant did so for the purpose of arousing or gratifying the sexual desire of the actor and/or any other person;
  3. That the defendant exposed himself/herself under circumstances where the actor knew or reasonably expected that he/she was likely to be observed by a person with a mental disease or defect; and
  4. That the victim, because of (his/her) mental disease or defect, was unable to understand the sexual nature of the defendant’s conduct.

Penalties for Lewdness in New Jersey

The penalties for lewdness in New Jersey vary depending on the severity of the offense and the defendant’s criminal history. Generally, lewdness is classified as a disorderly persons offense, which is punishable by:

• a maximum fine of $1,000 and
• up to six months of imprisonment in the county jail.

However, certain forms of lewdness, may be elevated to a fourth-degree crime, carrying a potential:

• sentence of up to 18 months in prison and
• a fine of up to $10,000.

Defending Against Lewdness Charges: Strategies and Considerations

Navigating lewdness charges requires a comprehensive understanding of the law and the development of a robust defense strategy. That is why it is imperative to contact an experienced criminal justice attorney to discuss your lewdness charge(s). Common defenses may include:

• Challenging the prosecution’s evidence and demonstrating that the defendant’s conduct did not meet the legal definition of lewdness.
• Asserting a lack of intent to arouse or gratify sexual desire or to promote immorality.
• Raising issues related to the defendant’s mental state or capacity to understand the wrongfulness of their conduct.
• The defendant did not know or reasonably expect that their act would be observed by others who would be affronted or alarmed.
• The defendant’s act was not lewd or offensive, but it was artistic, religious, cultural, or otherwise acceptable in the context.
• The defendant’s act was done in view of consenting adults who were not affronted or alarmed by it.
• Exploring the possibility of plea negotiations to mitigate the potential consequences of a conviction.

Frequently Asked Questions (FAQs) 

• Question: Is there a statute of limitations for a New Jersey lewdness charge?
  • Answer: In New Jersey, the statute of limitations for a lewdness charge depends on the severity of the offense: Lewdness as a Disorderly Persons Offense: This is the most common classification for lewdness and carries a one-year statute of limitations. This means the prosecution must file charges within one year of the alleged incident.

• Question: Will I go to jail if convicted of a New Jersey lewdness charge?
  • Answer: If convicted of a lewdness charge in New Jersey, the potential jail time depends on the degree of the offense. For a disorderly persons offense, which is the lesser charge, you could face up to six (6) months in jail. However, if the act was observed by a child or someone who cannot understand the nature of the conduct due to a mental disability, it could be considered a fourth-degree crime, carrying up to 18 months of prison time.

• Question: Can I expunge a New Jersey Lewdness conviction?
  • Answer: Yes, in New Jersey, you may be able to expunge a lewdness conviction under certain conditions. Generally, you must wait five years after your sentence is served, including the payment of all fines and fees. In cases of a disorderly persons offense, you might be eligible to file for expungement after two years. You can expunge no more than one indictable conviction and up to three disorderly persons offenses or petty disorderly persons offenses. 

Elite Public Lewdness Defense Attorney in New Jersey

The law of lewdness in New Jersey is a complex and evolving area of criminal law. This comprehensive guide has provided an overview of the statutory framework, penalties, and potential defenses associated with lewdness charges. However, it is essential to consult with an experienced criminal defense attorney to fully understand your rights and options if you are facing lewdness charges in New Jersey.

At Rosen Law Firm, we have experience and are dedicated to helping our clients achieve the best possible outcome in their cases. There are many reasons why you should choose NJ Attorney Brett M. Rosen to defend your lewdness charge. Here are some of them:

• He is one of the top criminal defense attorneys of 2023, according to LA Weekly.
• He has a proven track record of winning seemingly impossible cases, such as a recent acquittal of a karate instructor accused of sexual assault.
• He is passionate, dedicated, and assertive in representing his clients, standing up for their rights and challenging the evidence against them.
• He is experienced in handling robbery cases, which are serious offenses that can result in long prison terms and hefty fines.
• He is an advocate for mental health and well-being within the legal profession, understanding the stress and emotional toll that comes with facing criminal charges.
• He is knowledgeable about the latest advancements in artificial intelligence and their impact on the legal industry, using AI-powered tools to enhance his practice.

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your lewdness defense.

We understand the serious consequences of a conviction for lewdness, luring, prostitution, or endangering the welfare of a child, and we will fight aggressively to protect your rights and interests.

Contact us today for a free consultation.