You may feel overwhelmed or fearful of the future. Our attorneys at Aiello, Harris, Abate Law Group PC are here to provide peace of mind and guide you through the legal road ahead.
Indecent exposure is often a fourth-degree offense. Our New Jersey indecent exposure lawyers will help you build a strong defense and attempt to minimize your penalties.
What Are Indecent Exposure and Lewdness Charges in New Jersey?
N.J.S.A. Section 2C:14-4 defines lewdness, also known as indecent exposure, as a crime in the fourth degree. You might face these charges for:
Exposing your intimate parts to a person less than 13 years old if you are more than four years older than them
Exposing your intimate parts to a person who is not able to understand the nature of your conduct due to a mental disease or defect
Your charges might be downgraded to a misdemeanor if they qualify as a “disorderly persons offense,” meaning you committed a flagrantly lewd or offensive act and knew you would be observed by a non-consenting person.
Examples of such acts might include:
Streaking
Engaging in sexual activity in public
Exposing one’s genitals in public
Public urination
Let our New Jersey indecent exposure lawyers help you understand your charges.
What You Need To Know If You Have Been Charged With Indecent Exposure in New Jersey
Are you facing New Jersey indecent exposure and lewdness charges? Know that:
You are innocent until proven guilty.
You have the right to defend your charges.
You have the right to retain an NJ criminal lawyer.
You have the right to remain silent during interrogations.
While lewdness is a minor offense, it will appear on your criminal record if convicted.
New Jersey Indecent Exposure and Lewdness Penalties
Under N.J.S.A. Section 2C:14-4, a lewdness charge can be upgraded to a fourth-degree offense if you exposed yourself to someone under the age of 13 or who was mentally incapacitated. This is the lowest level of criminal offense in New Jersey.
If you were convicted of a fourth-degree lewdness offense, you might face up to 18 months in prison and fines of up to $10,000. Meanwhile, if you were charged with the lesser disorderly persons offense, you might face up to six months in jail and $1,000 in fines.
Under 2C:14-7, you are not permitted to use evidence of the victim’s prior sexual conduct or their appearance at the time of the incident as part of your defense in front of a jury. Instead, you would need to present it in a preliminary hearing.
Victims have the right to file protective orders in these cases; all records relating to them would be confidential.
If you need help understanding New Jersey statutes related to indecent exposure, our criminal defense attorneys will break them down for you.
Sexual Assault Charges Dismissed in Somerville, NJ
A recent case in Somerset County, Somerville, New Jersey, venue in the Superior Court proved that point. A man was accused of sexual assault, violation of NJSA 2C: 14-2. The allegation was that while a woman was drunk, he took advantage of her and committed the act of sexual assault. He was in prison for five to 10 years, under Megan’s Law.
Possible Defenses For Indecent Exposure & Lewdness
Allow our New Jersey indecent exposure lawyers to build a strong public indecency defense in an attempt to minimize your charges or penalties. Potential defenses include:
Challenging the presence of others
Accidental exposure
No lascivious intent, meaning you did not gain sexual gratification from the offense
Consent from the alleged victim
If the incident happened in a private location, you may have an easier time proving that it was consensual or does not meet the legal definition of lewdness. If it happened in public, our lewd conduct lawyers will look for other methods of defending your charges.
Other Crimes Related to Indecency
New Jersey recognizes a few other charges related to lewdness or indecency:
Obscenity – Section 2C:34-2: Selling, renting, or distributing obscene material to a person 18 years of age or older
Loitering to engage in prostitution – Section 2C:34-1.1: Wandering in a public place with the intent of engaging in prostitution
A diseased person committing an act of sexual penetration – Section 2C:34-5: Knowingly exposing a sexual partner to a sexually transmitted disease without their consent
New Jersey Indecent Exposure and Lewdness FAQ
What is considered lewd conduct in New Jersey?
Lewd conduct involves exposing one’s genitals to a non-consenting person for the purpose of sexual gratification.
What is the difference between lewdness and indecent exposure?
Indecent exposure is an act of lewdness in front of someone younger than 13 or who is mentally incapacitated.
Does a disorderly persons charge show up on background checks for employers?
Yes, a disorderly persons charge would typically show up on a background check.
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We Can Defend You Against Sexual Offense Charges
At Aiello, Harris, Abate Law Group PC, we have been defending clients against sexual offense charges since 1955. Let us use our extensive experience and knowledge of New Jersey statutes to strengthen your case.
Contact our New Jersey indecent exposure lawyers at (908) 873-3571, or contact us online for a confidential initial consultation and case evaluation. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
Contact our New Jersey Indecent Exposure Lawyers
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