New Jersey Criminal Defense Blog

In New Jersey, lewdness is codified under 2C:14-4 and states as follows:

1. 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.
2. 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.


3. 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.

Lewdness cases are very fact specific and it is absolutely imperative that you retain an experienced criminal defense attorney as soon as possible. For example, more than nudity is required to prove a case of lewdness. To convict a person of disorderly persons lewdness, the prosecutor must prove a lewd or offense act that the defendant knows or reasonably anticipates is likely to be observed by a person who would be affronted or alarmed by the conduct.

The mental element accompanying the defendant’s act is a critical part of the offense. For example, in State v Zeidell, the defendant, charged with public masturbation on a boardwalk, claimed that he had lowered his pants to scratch a rash. The court held that if he had testified to that intent, the State could have replied with evidence of a prior similar incident and lewdness charge to show that he intended to be observed by a non consenting person who would be affronted by his conduct.

If you have been charged with lewdness in New Jersey, contact an attorney at Lependorf & Silverstein immediately for a free consultation.