New Jersey Criminal Defense Blog

The recent arrest of a man in Virginia for indecent exposure has left many citizens across the U.S. with different reactions as to what characterizes intentional and accidental exposure of one’s private parts when in the confines of one’s own home. According to a northjersey.com article, Fairfax police are saying that the man “wanted to be noticed…positioning himself so that the mother and child would see him not once, but twice.” The accused man claims that he never saw the 45-year-old woman and her 7-year-old child as they walked by his suburban house and spotted him in the nude through the window. Nevertheless, if the man is convicted, he may face a sentence of up to one year in jail for indecent exposure.

It is clear that this case may present some complex issues given the often blurred separating, or differing interpretations, of what constitutes private and public space, especially in instances where the windows of a house may not have blinds or curtains to hide inside activity from the outside.

Continue reading "Man Charged with Indecent Exposure for Being Nude in his House" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Criminal Defense , Legal Information , Lewd Conduct , Sex Crimes

Bookmark:

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.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: Lewd Conduct

Bookmark: