Indecent Conduct
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 non consenting 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.
Amended 1992, c. 8, s.1.
2C:14-5. Provisions generally applicable to Chapter 14 a.
The prosecutor shall not be required to offer proof that the victim resisted,
or resisted to the utmost, or reasonably resisted the sexual assault in any
offense proscribed by this chapter.
b. No actor shall be presumed to be incapable of committing
a crime under this chapter because of age or impotency or marriage to the
victim.
c. It shall be no defense to a prosecution for a crime under
this chapter that the actor believed the victim to be above the age stated for
the offense, even if such a mistaken belief was reasonable.
L.1978, c. 95, s. 2C:14-5, eff. Sept. 1, 1979.
2C:14-6. Sentencing If a person is convicted of a second or
subsequent offense under sections 2C:14-2 or 2C:14-3a., the sentence imposed
under those sections for the second or subsequent offense shall, unless the
person is sentenced pursuant to the provisions of 2C:43-7, include a fixed
minimum sentence of not less than 5 years during which the defendant shall not
be eligible for parole. The court may not suspend or make any other
non-custodial disposition of any person sentenced as a second or subsequent
offender pursuant to this section. For the purpose of this section an offense
is considered a second or subsequent offense, if the actor has at any time been
convicted under sections 2C:14-2 or 2C:14-3a. or under any similar statute of
the United States, this state, or any other state for an offense that is
substantially equivalent to sections 2C:14-2 or 2C:14-3a.
L.1978, c. 95, s. 2C:14-6, eff. Sept. 1, 1979.
