Summer is with us and many residences and visitors of the tri-state area enjoy the clothing optional beach (Gunnison Beach) or nude beach at Sandy Hook.
Although the park police will not fine or arrest nude bathers, most visitors of that beach do not know, or fully understand, that the federal park service which enforces the laws at that beach have a zero tolerance for behavior which would constitute a federal crime or misdemeanor. Such behavior would be touching of one’s self or someone else in a sexual manner, or other lewd or indecent conduct. In some cases this alleged touching could be misinterpreted by an observer (park police) of this alleged conduct.
In addition, to charges of lewdness, the park police or rangers vigorously enforce other offenses committed on this federal property such as DWI, driving under the influence, speeding, reckless driving, illegal drug possession such as marijuana and other illegal substances.
If you have been arrested or charged with an offense at Sandy Hook you must seek the consultation and retention of an experienced criminal defense attorney Vincent J. Sanzone, Jr., Esq., CriminalDefenseNJ.com who has many years of experience in defending people accused of disorderly person’s offenses, misdemeanors and crimes at Sandy Hook.
A conviction for lewd conduct at the beach could have serious consequences for obtaining or keeping your present employment, not to mention some of the other collateral consequences which go with such a conviction.
Your decision in choosing a New Jersey criminal defense lawyer is important, make that choice wisely. I invite you to look at the proven results of Attorney Sanzone. CriminalDefenseNJ.com
LEWDNESS IN THE NUTSHELL (NO PUN INTENTED)
In general public lewdness is a disorderly person’s offense under New Jersey law or misdemeanor under federal law that prohibits the actor from engaging in any indecent or obscene behavior in public. These laws have been enacted to protect society from public conduct that under the local community standards would be considered immoral and inappropriate. This criminal charge and arrests by the Park Rangers at the Sandy Hook nude beach is common.
To convict someone of lewdness the prosecutor must prove beyond a reasonable to a judge that the defendant committed a public act of lewdness or public indecency.
Therefore, such actions as sexual indulgence or lustful actions would constitute lewdness. More specifically, engaging in sexual intercourse in a public place, or other sexual contact or acts would also fall within the definition of lewdness.
The battle sometime is fought over the question as to whether the lewd acts occurred in a “public place.” Clearly, lewd acts inside one’s own motor vehicle could constitute lewdness if the inside the vehicle was visible to someone outs the automobile. Similarly, one could commit a lewd act even inside their home, if the actions were visible by people outside the home. Another issue in these types of cases is whether the defendant actually intended for other people to observe his actions. The prosecutor likewise must prove beyond a reasonable doubt that the actor intended other people to see his actions, or recklessly disregarded a substantial risk of exposure to other people. Other defenses, a person could expose his private areas for purposes of urination of defecation based on a sickness, illness or medical emergency. In that case it could be argued that the sexual motivation was intended and that the defendant acted out of a medical emergency.
Penalties for the conviction of lewdness can vary, such penalties include, but not limited to, incarceration, fines, penalties, community service, probation, loss of one’s job as well as the stigma of being convicted of such an offense.
If you have been charged with public lewdness you should consider consulting an experienced New Jersey criminal defense attorney who has proven results in obtaining favorable dispositions for people accused of these types of offense. Attorney Sanzone has 27-years of experience in defending people charged with lewdness. CriminaldefenseNJ.com