Last September, Beach Haven cops charged a man in a plastic wrap bikini, per the news. The alleged eyesore caused eyewitnesses to complain to police. While on the beach in a homemade, clear plastic wrap bikini, beachgoers allegedly saw the man’s genitals. Consequently, police charged him with lewdness.
Lewdness
Fourth Degree Crime
State law makes it a crime to expose one’s intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or any other person under circumstances where the actor knows or reasonably expects the actor is likely to be observed by either
- a child who is less than 13 years of age where the actor is at least four years older than the child, or
- a person who because of mental disease or defect is unable to understand the sexual nature of the actor’s conduct.
Disorderly Persons Offense
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.
“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.
“Lewd acts” include exposing the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person. Public indecency or nudity alone, however, are not enough to establish “flagrantly lewd acts.”
Penalties
FINES
Fourth Degree: Up to $10,000.00
Disorderly Person: Up to $1,000.00
STATE PRISON
Fourth Degree: Up to 18 months
COUNTY JAIL
Disorderly Person: Up to 6 months
ADDITIONAL PENALTIES
Victims of Crime Compensation Assessment (VCCA)
$50.00, any DP, PDP, or crime not resulting in injury or death
$30.00, juvenile delinquency (with exceptions)
Safe Neighborhood Services Fund Assessment
$75, each conviction for any crime, DP, or PDP
Law Enforcement Officer Training & Equipment Fund
$30, any crime
$15, juvenile disposition for crime if committed by adult
Probation
1 to 5 years, conditioned on county jail up to 364 days (indictable), or up to 90 days (disorderly person)
Suspended Sentence
Up to 5 years
Other
Community supervision
Community service
Halfway house or residential facility including non-Dept. Human Svc. facilities
Imprisonment at night or weekends to allow work, training or school
Restitution
Court Costs
Michael Smolensky, Esquire, an experienced New Jersey Criminal Defense Attorney, knows how to protect his clients. Mr. Smolensky can provide consultations on any case regarding lewdness. Call Now—(856) 812-0321.