Urinating in Public Offense
Point Pleasant Beach Urinating in Public Offense
Most people have found themselves in a situation where they just couldn’t wait to find a bathroom, maybe during a long car trip or after a night out at the bar. But getting a ticket for urinating in public or being arrested for indecent exposure or lewd behavior can be incredibly embarrassing and can lead to fines or even jail time.
If you’ve been charged with urinating in public in Point Pleasant Beach, you should contact me Anthony N. Palumbo, New Jersey Criminal Defense Lawyer, to find out what kind of penalties you face and what defenses are available to you. I have over 35 years experience handling municipal and criminal court charges including urinating in public, as well as indecent exposure and lewd behavior offenses. Contact me today through the email form on this website or at 908-643-6801 for a free initial consultation.
Urinating in public prohibited in Point Pleasant Beach
A municipal ordinance in Point Pleasant Beach states that:
It shall be unlawful for any person to appear or travel on any street, avenue, highway, road, beach or water way in the Borough of Point Pleasant Beach, or to appear in any other public place in the borough in a state of nudity; in an indecent or lewd dress or garment, to make any indecent exposure of his or her person or to urinate in any of the above described places except in public rest rooms provided for that purpose. ( Point Pleasant Beach Municipal Code § 3-21.)
A violation for urinating in public is subject to up to a penalty of 90 days imprisonment in the county jail, a fine of up to $2,000, up to 90 days of community service, or all of the above. ( Point Pleasant Beach Municipal Code § 3-15.1(a).)
Point Pleasant Beach Lewdness and Indecent Exposure
Although a person urinating in public risks exposing his or her private parts in the process, in most cases, public urination does not qualify as criminal indecent exposure of lewd conduct in New Jersey. This is because the lewdness statute defines “lewd acts” as “exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.”
If a person’s conduct does qualify as a “lewd act” due to its sexual purposes, there are three general ways for him to violate the lewdness the statute:
- If a person engages in a flagrantly lewd and offensive act that he knows or reasonably expects is likely to be observed by other non-consenting persons who would be affronted or alarmed, he can be charged with disorderly persons offense, which is punishable by up to 6 months in jail and a fine of up to $1,000.
- If a person exposes his intimate parts for the purpose of arousing or gratifying his own sexual desire or that of anyone else, under circumstances where he knows or reasonably expects he is likely to be observed by a child who is less than 13 years old and where he is at least four years older than the child, then he has committed a fourth degree crime subject to up to 18 months in prison and a fine of up to $10,000.
- If a person exposes his intimate parts for the purpose of arousing or gratifying his own sexual desire or that of anyone else, under circumstances where he 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 his conduct, then he has committed a fourth degree crime subject to up to 18 months in prison and a fine of up to $10,000.
Behaviors that typically constitute lewd conduct include flashing, gratuitous public nudity, and having sex in public. Exposing yourself during the process of urination, on the other hand, is not generally motivated by sexual purposes, and would not be considered indecent exposure or “lewd acts” under the statute. Accordingly, if you have been charged with lewd conduct for urinating in public, the lack of any sexual motive on your part is a strong defense.
Having an attorney by your side
If you’ve been issued a urinating in public ticket or were charged with lewd conduct in Point Pleasant Beach, I understand what you are going through. Good people make poor decisions everyday, but everyone has the right to move past their mistakes. The best thing that you can do for yourself now is to seek an attorney’s advice. A skilled criminal defense lawyer can help you to understand the charges you face and the chances for having them downgraded or dismissed. If you need an attorney, you can contact me, Anthony N. Palumbo, Ocean County Court Criminal Defense Attorney through the email form on my website or at 908-643-6801 for a free initial consultation. I will guide you through the legal process and explain how I can fight to defend your rights.
The Law Offices of Anthony N. Palumbo is a criminal defense law firm that represents individuals throughout New Jersey, including Essex County, Hudson County, Middlesex County, Monmouth County, Ocean County and Union County.