Sandy Hook is a federal park in Monmouth County that is a popular summer destination along the Jersey Shore, especially Gunnison Beach—where nude sunbathing is permitted. Unfortunately, the nudity is prone to create excitement and lapses in judgment where beach goers take the step of engaging in some form of sexual activity that is capable of being construed as public lewdness. Federal rangers employed by the Sandy Hook Unit of the United States National Parks Service are clearly hypervigilant in attempting to detect this conduct and go as far as to utilize high powered binoculars and other tacts to target individuals engaging in lewd conduct. A major complication of being charged with lewdness at Gunnison Beach is the fact that it results in a federal offense that must be heard at the United States District Court for the District of New Jersey in Newark New Jersey.
Attorneys With Real Qualifications If You Have Been Charged With Lewdness at Gunnison Beach
We are the Law Offices of Jonathan F. Marshall, a powerhouse criminal defense firm with offices in both Monmouth County and in Newark New Jersey. More importantly, we have extremely formidable credentials with a team of ten criminal lawyers that possess over 200 years of combined experience defending lewdness charges. Most of the attorneys are also former prosecutors that have served in roles like Director of Major Crimes, the Trial Division and Drug Task Force. There is no doubt that we have an attorney with the qualifications to successfully defend anyone arrested for lewd behavior at Gunnison Beach. To discuss your case with a lawyer who has handled many Sandy Hook criminal charges, just like the lewdness offense you are facing, call 877-450-8301.
Gunnison Beach Lewdness Offense
Although nudity is totally legal at Gunnison Beach, individuals cannot take the step of engaging in sexual activities, something that has been an issue for decades at Sandy Hook. Rangers are well aware of how things can escalate in this fashion and set up details to apprehend those who fondle, digitally penetrate, masturbate, orally gratify or engage in sexual intercourse. The problem is that aggressive efforts of park rangers result in the arrest of those who have committed a lewd act but also those whose actions fall short of violating the law. Perhaps there was no sexual act at all or, alternatively, no reasonable expectation that it would be observed by a third party. The point is that mistakes are made and our attorneys are skilled in not only identifying bonafide defenses, but also persuasively presenting arguments so that our clients avoid a conviction.
There are two laws that can potentially come into play when someone is charged with lewd conduct at Gunnison Beach. The first violation someone can face is set forth in the Code of Federal Regulation at 36 C.F.R. 7.29(c) and is captioned “public lewdness.” This charge is committed if the actor:
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 federal judge presiding over a Sandy Hook lewdness offense (i.e. currently the Honorable Anthony Mautone) may also “assimilate” New Jersey law. What this means is that the Magistrate is free to utilize state law, specifically N.J.S.A. 2C:14-4, in determining whether someone has committed a lewdness offense. This occurs if someone “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.”
What Must The United States Attorney Establish In Order To Prove That Someone Is Guilty Of Lewd Behavior At Sandy Hook/Gunnison Beach?
The government must establish three (3) elements to prove a lewdness case. The first thing that must be established, beyond reasonable doubt, is that you engaged in a lewd act. This occurs under State v. Dorsey, 64 N.J. 428, 431 (1974) if the actor’s behavior is “lustful, lecherous, lascivious or libidinous nature.” Second, the lewd act must be committed “in public” or, alternatively, in a private place but under circumstances where it would be readily observable and intended to be observed. In order words, the sexual acts must either be observed by others or intended or expected to be observed by others. State v. Ramos, 203 N.J. Super. 206, 209 (1985). The third and final requirement is that the actions of the accused be intentional, in other words, they must intend to engage in the conduct that the law construes as lewd.
What Are The Penalties That May Be Imposed At Sentencing For Lewd Conduct at Gunnison Beach?
A violation of the Federal Parks Regulation contained at 36 CFR 7.29 results in exposure to the penalties set forth at 36 USCA § 7.29. Among the penalties that may be imposed are up to 6 months of federal imprisonment. The same period of incarceration can be ordered if the judge assimilates 2C:14-4. The maximum fine is $1,000 under either regulation.
Is There Any Mechanism For Expunging A Criminal Record For Lewd Behavior At Gunnison Beach?
No. There is no federal mechanism to allow someone to seal or expunge a conviction for Gunnison Beach lewdness. See Restoration of Rights Project, Judicial Sealing or Expungement (2018). An individual must seek a federal pardon in order for a record to be eliminated—something that is extremely difficult to secure.
Sandy Hook Lewdness Defense Lawyer
The Sandy Hook Unit of the Gateway National Recreational Center receives tens of thousands of visitors each summer with Gunnison Beach drawing as many as 5,000 visitors over a weekend. There is no debating the fact that clothing being optional at this destination is a major reason for so many beachgoers. The problem is that there are always going to be those who get overly excited, forget they are in a public place or just simply do not care and engage in sexual acts. Members of the National Parks Service are on the look out for this conduct and are extremely quick to arrest individuals for anything they believe has crossed the line into sexual behavior or indecency. Our attorneys are certainly aware that federal rangers are prone to over-reach when it comes to individuals being arrested for lewdness at Gunnison Beach and that, irrespective, it is crucial for someone to have the best representation possible. We honestly believe that the 10 lawyer defense team at the Law Offices of Jonathan F. Marshall is exactly what you need if you were charged with a Sandy Hook lewdness offense. We have over 200 years of combined experience to utilize on your behalf, including decades appearing on behalf of individuals facing the exact same charge as you. To speak to an attorney with the know-how you need and deserve, call 877-450-8301. Someone is available to take your call 24/7 and initial consultations are free.