Summer is Here and the U.S. Park Police are in Full Force Enforcing all the Rules, Regulations and Laws at Gateway National Park, Sandy Hook, (Monmouth County) New Jersey
Prepared as a public service for the people by the law office of Vincent J. Sanzone, Jr., Esq.
For decades nude sunbathing at Gunnison Beach (the nude beach) has been tolerated by federal authorities that administer that federal public park. Because this is federal land, and crimes, misdemeanors, disorderly person’s offenses, and traffic offenses are prosecuted under federal law, and if no federal law exists, new jersey law applies.
However, under federal regulations, although sandy hook is in the territorial jurisdiction of new jersey, and there is no federal lewdness statute, per se, New York penal law applies when enforcing and prosecuting any alleged lewd behavior on the beach.
Specifically, section 7.29 of the federal regulations entitled gateway national recreation area states in relevant part:
§ 7.29 Gateway National Recreation Area.
(c) Public lewdness. Section 245.00 of the New York Penal Code is hereby adopted and incorporated into the regulations of this part. Section 245.00 provides that:
A person is guilty of public lewdness when he intentionally exposes the private and intimate parts of his body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or from other private premises, and with intent that he be so observed.
The inherent problem with this law as written is that “lewd behavior” can be very subjective. Lewd behavior by one observer might not be lewd behavior to another. Although certain behavior could be considered clearly lewd, other types of behavior might not, based on the subjective norms of the actor or the observer.
If you are charged with committing a lewd act at Sandy Hook beach and believe that your actions were not lewd, it is strongly recommended that you seek legal counsel from an experienced New Jersey (Monmouth County) criminal defense attorney. the Law Office of Vincent J. Sanzone, Jr., Esq., has extensive experience in successfully defending people accused of such crimes. The collateral consequences of having such a conviction on your record could have a serious impact on employment or your professional career. Therefore, if you have been arrested in Sandy Hook for lewdness you need an experienced criminal defense attorney, your future might depend on your choice of attorneys.
Vincent J. Sanzone, Jr., Esq.
YourCivilRights@gmail.com
New Jersey Criminal Lawyers, Union County Criminal Defense Attorney, Middlesex County Criminal Defense Attorney, NJ Criminal Attorneys, NJ Criminal Defense Attorneys, NJ Criminal Trial Attorney, Union County Criminal Defense Lawyers, NJ Federal Criminal Trial Attorneys, Criminal Lawyers NJ, Newark Criminal Lawyers, Jersey City Criminal Lawyers, Bergen County Criminal Lawyers, New Brunswick Criminal lawyers, Passaic County Criminal lawyers, NJ best criminal defense lawyers.
