LEWDNESS (Victim with mental disease jury charge in NJ
| LEWDNESS (Victim with mental disease or defect) (N.J.S.A. 2C:14-4b(2))1model jury charge The defendant is charged with the offense of lewdness, in that he/she is alleged to have(Summarize the appropriate portions of indictment). The pertinent part of the statute (N.J.S.A. 2C:14-4b(2)) on which this indictment is based reads as follows: A person commits an act of lewdness if: 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 actors conduct. Therefore, the elements that the State must prove beyond a reasonable doubt are as follows: 1. That the defendant exposed his/her intimate parts; 2. That the defendant did so for the purpose of arousing or gratifying the sexual desire of the actor and/or any other person; 3. That the defendant exposed himself/herself under circumstances where the actor knew or reasonably expected that he/she was likely to be observed by a person with a mental disease or defect; and 4. That the victim, because of (his/her) mental disease or defect, was unable to understand the sexual nature of the defendants conduct. The first element that the State must prove beyond a reasonable doubt is that the defendant exposed his/her intimate parts. Intimate parts include the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person. Specifically, the defendant in this case is charged with exposing(insert facts of case). 1In order to commit fourth degree lewdness, the defendant must expose his genitals for sexual gratification and know or reasonably expect that he is likely to be observed by a person who is under the age of 13 and at least four years younger than the defendant. Moreover, the nudity must be occasioned by the sexual desire of the actor to be observed by a minor who is less than thirteen.State v. Hackett, 166N.J. 66 (2001).LEWDNESS (Victim with mental disease or defect) (N.J.S.A. 2C:14-4b(2))Page 2 of 3 2N.J.S.A.2C:2-2b(1). 3The mental element accompanying the defendants act is a critical part of this offense. The State must prove beyond a reasonable doubt that the defendant knew or reasonably expected that (he/she) was likely to be observed by non-consenting persons who could be affronted or alarmed.State v. Zeidell, 154N.J. 417, 430 (1998). 4N.J.S.A.2C:2-2b(2) The second element that the State must prove beyond a reasonable doubt is that the defendant acted with the purpose of arousing or gratifying the sexual desire of himself/herself or any other person.(If charge is related to gratifying another, insert specifically alleged facts). A person acts purposely with respect to the nature of his/her conduct or a result thereof if it is a persons conscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to attendant circumstances if a person is aware of the existence of such circumstances or a person believes or hopes that they exist. One can be deemed to be acting purposely if one acts with design, with a purpose, with a particular object, if one really means to do what he/she does.2 Purpose is a condition of the mind that cannot be seen and that can often be determined only from inferences from conduct, words or acts. It is not necessary for the State to produce a witness to testify that the defendant stated that he/she acted with a particular state of mind. It is within your power to find that proof of purpose has been furnished beyond a reasonable doubt by inferences that may arise from the nature of the acts and circumstances surrounding the conduct in question. The third element that the State must prove beyond a reasonable doubt is that the defendant knew or reasonably expected that he/she was likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the defendants conduct.3Here, the State alleges(Insert applicable facts). A person acts knowingly with respect to the nature of his/her conduct or the attendant circumstances if a person is aware that his/her conduct is of that nature, or that such circumstances exist or a person is aware of a high probability of their existence. A person acts knowingly with respect to a result of his/her conduct if a person is aware that it is practically certain that his/her conduct will cause such a result. One is said to act knowingly if one acts with knowledge, if one acts consciously, if he/she comprehends his/her acts.4LEWDNESS (Victim with mental disease or defect) (N.J.S.A. 2C:14-4b(2))Page 3 of 3 Like purpose, knowledge is a condition of the mind that cannot be seen and that can often be determined only from inferences from conduct, words or acts. The fourth element that the State must prove beyond a reasonable doubt is that the victim of the alleged lewd act was unable to understand the sexual nature of the defendants conduct because of mental disease or defect. In this case, the State alleges that the victim is suffering from . If you find that the State has proven every element beyond a reasonable doubt, then you must find the defendant guilty. If, however, the State has failed to prove any element beyond a reasonable doubt, then you must find him/her not guilty. |
| Consequences of a Criminal Guilty Plea 1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) 2. Do you understand that if you plead guilty: a. You will have a criminal record3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail. 4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing. 5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution. 6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty. 7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty. 8. You must wait 5-10 years to expunge a first offense. 2C:52-3 9. You could be put on Probation. 10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30. 11. You may be required to do Community Service. 12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty. 13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. 14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation. 15. You lose the presumption against incarceration in future cases. 2C:44-1 16. You may lose your right to vote. The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense. Jail for Crimes and Disorderly Conduct: If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms. NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years; (2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years; (3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years; (4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months. 2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed: a. (1) $200,000.00 when the conviction is of a crime of the first degree; (2) $150,000.00 when the conviction is of a crime of the second degree; b. (1) $15,000.00 when the conviction is of a crime of the third degree; (2) $10,000.00 when the conviction is of a crime of the fourth degree; c. $1,000.00, when the conviction is of a disorderly persons offense; d. $500.00, when the conviction is of a petty disorderly persons offense; If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500 |
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