Gunnison Beach is the only clothing optional beach in New Jersey. It only makes sense that thousands of individuals interested in nude sunbathing visit this Sandy Hook Unit destination of the Gateway National Recreation Area each summer. Open alcohol is also permitted at Gunnison Beach. The problem is that some patrons take these luxuries a little too far by engaging in lewd conduct such as oral sex, sexual intercourse, masturbation and digital penetration. An unfortunate byproduct of the incident of lewdness at Gunnison Beach is also hypervigilance on the part of Federal Park Rangers in targeting obscene and/or indecent sexually oriented activities. Whether you fall within the category of individuals who had a lapse in judgement and actually committed a lewd act or were charged as the result of overreaching by members of the National Parks Service, your best course of action is to hire a lawyer with experience handling federal criminal charges arising at Sandy Hook.
Attorneys Skilled In Defending Gunnison Beach Lewdness Charges Are Ready To Assist You
The Law Offices of Jonathan F. Marshall is the largest criminal defense firm in Monmouth County and has over 100 years of combined experience defending offenses like yours. We have handled countless lewdness charges at both the Fort Monmouth Courtroom before its closure in 2011 and thereafter at the United District Court in Newark. Our attorneys are highly knowledgeable in the rules and procedures employed in this venue. They are also well acquainted with the personnel of the court and practices of United State Magistrate Anthony R. Mautone in resolving a Sandy Hook lewdness offense. To speak to a lawyer on our team anytime 24/7, call our Red Bank Office (732-450-8300) or Newark Office (973-733-2204).
Lewdness Charge at Gunnison Beach
N.J.S.A. 2C:14-4 (“Lewdness”) is the New Jersey Law that is “assimilated” and applied in cases involving allegations of lewd conduct at Sandy Hook, including Gunnison Beach. This statute defines a “lewd act” as including exposure of genitals for the purpose of sexual arousal or gratification of either the actor or another person. It is a disorderly persons offense under 2C:14-4 for someone to engage in a “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.” The elements that must be established by the United States Attorney in order to prove a lewdness offense are: (1) performance of a flagrantly lewd and offensive act; (2) that is observed by a nonconsenting person; (3) which the defendant knew or reasonable believed would be observed by someone who would be affronted or alarmed. You will have a criminal record for “lewdness” if these elements are established at trial or plead guilty. This can obviously impact your life given the nature of this offense and the perception that many individuals have toward individuals who engage in this type of conduct. In terms of direct consequences and penalties, you face a fine of up to $1,000 and up to six months in jail/prison. You may refer to Lewdness charges for a more detailed discussion of N.J.S.A. 2C:14-4 offenses.
While it certainly is not the norm, a federal park ranger can also file a charge under 36 C.F.R. § 2.34. This statute prohibits an individual from engaging in disorderly conduct, including obscene acts at a federal park. U.S. v. Mather, 902 F. Supp. 560 (E.D.Pa.1995) is one of the only federal cases interpreting the obscenity provision of 36 C.F.R. § 2.34. Mathers involved two males engaging in masturbation along a path in Valley Forge National Historical Park. In applying this law, the court found that there was no question as to whether the conduct was obscene but rather whether or not the conduct recklessly created a risk of public alarm. In this regard, it was found that masturbation in a public park is something that is unquestionably prone to causing public alarm. The import of 36 C.F.R. § 2.34 and Mather is that engaging in nude sexual acts in a public park constitutes a violation of this federal obscenity and disorderly conduct law.
Gunnison Beach Lewdness Attorneys
Irrespective of the circumstances in which you were arrested for lewdness at Gunnison Beach, it is pivotal that you consult a lawyer who has experience defending this offense in Federal District Court. Our defense team has the knowledge and skill you need in this regard. Attorneys at the Law Offices of Jonathan F. Marshall are available around the clock to assist you. Call us for the sound guidance you are seeking in this intimidating time.
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