National Parks Rangers issue a high number of lewdness charges every summer at Gunnison Beach in the Gateway National Recreation Area. Although this property is located in Middetown NJ, all violations issued at the facility fall within the jurisdiction of the federal government rather than local authorities. As a result, any charges for marijuana and drug possession, DWI, lewdness, and other offenses are heard by the closest court with jurisdiction to preside over federal cases – – the United States District Court in Newark NJ. Several of the attorneys at our office reside in Monmouth County, where the beach is located, and have appeared in a countless number of these cases at both the Satellite District Court in Oceanport prior to closure of Fort Monmouth and at the court in Newark.
Defense Attorneys With Unique Credentials For Handling Your Sandy Hook Lewdness Case
Our firm, the Law Offices of Jonathan F. Marshall, possesses unique credentials for handling charges issued at Gunnison Beach, Gateway National Park and/or Sandy Hook. We are not only former prosecutors from the county where the property is located and have appeared in hundreds of cases over the decades that these charges were heard at Fort Monmouth, we also happen to have a significant presence in Newark with an office in Gateway Center. This unique combination of experience has translated in our being retained in many many cases before Honorable Anthony Mautone, D.N.J., at the Newark Federal Courthouse. Our attorneys know his practices and procedures, as well as the most effective approaches in his courtroom when it comes to handling lewd conduct and other charges.
Gateway National Park Lewd Conduct Charges
The initial summons issued by the United States Park Service for “lewd conduct” at Sandy Hook typically charges the accused of a federal crime under 36 C.F.R. 7.29c (“Public Lewd”). Judge Mautone, or another Magistrate presiding over these cases, will customarily assimilate state law, however, when you appear in court. What this means is that he will apply the New Jersey Lewdness Law, N.J.S.A. 2C:14-4. This law provides that:
2C:14-4. Lewdness.
a. 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.
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.
The key point to keep in mind is that NJ law requires not only the existence of a lewd act but also a likelihood that others would observe the conduct. It therefore is not enough to engage in oral, vaginal or anal sex — it must be viewable by the public. Too many times this element cannot be satisfied and, instead, the conduct is observable as a result of overreaching by Park Rangers. In still other cases, there is no lewd conduct in the first place.
Gunnison Beach Lewd Conduct Defense Lawyers in Newark NJ
If you have been charged with lewdness at Gateway National Park, including at Gunnison Beach, our criminal attorneys will dissect the government’s case and do everything they can to help you. With decades of experience handling these cases, we are well acquainted with what is necessary to get results. Call us anytime 24/7 at 973-710-1520.