STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman DAVID P. RIBLE
District 11 (Monmouth)
Assemblyman JON M. BRAMNICK
District 21 (Essex, Morris, Somerset and Union)
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Co-Sponsored by:
Assemblyman Rumana, Assemblywomen Casagrande, Angelini, Spencer and Assemblyman Albano
SYNOPSIS
Upgrades lewdness to fourth degree crime if committed in public rest room.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning lewdness and amending N.J.S.2C:14-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:14-4 is amended to read as follows:
2C:14-4. Lewdness.
a. (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 violation of paragraph (1) of this subsection which occurs in a public rest room is a crime of the fourth degree.
b. 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.
c. 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.
(cf: P.L.1992, c.8, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill would make the offense of lewdness a crime of the fourth degree if the offense is committed in a public rest room. Under current law, a person commits a disorderly persons offense if he or she commits a flagrantly lewd and offensive act and knows or expects that this behavior will be observed by a nonconsenting person who would be affronted or alarmed by the behavior. Disorderly persons offenses are punishable by a fine of up to $1,000, a term of imprisonment of up to six months, or both.
Under the bill, lewdness committed in a public rest room would be upgraded to a crime of the fourth degree. Fourth degree crimes are punishable by a fine of up to $10,000, a term of imprisonment of up to 18 months, or both.
According to the sponsor, the increased penalties provided for in the bill are intended to deter offenders from committing lewd acts in public rest rooms at rest areas along highways, including the Garden State Parkway and the New Jersey Turnpike, as well as at other public venues, such as public parks, public beaches, and shopping malls. Unsuspecting families who are vacationing, enjoying the outdoors, or shopping should not have to be subjected to the inappropriate and illegal conduct of lewd offenders. Children, who can be especially vulnerable to these offenders in rest rooms, need further protection from those who would prey on them there.