Elmwood Park man charged with lewdness after allegedly exposing himself on New Jersey Transit Bus

A 43-year-old Elmwood Park man was arrested and charged with lewdness under N.J.S.A. 2C:14-4 after allegedly exposing himself and masturbating on a New Jersey Transit bus. According to Saddle Brook police, a female passenger notified the bus driver about the incident who notified police. After getting off the bus, the defendant boarded another bus which was destined for Broadway in Elmwood Park. He was apprehended by police and charged with one count of lewdness which will be prosecuted in the local Municipal Court. For additional information, please see the NJ.com article.

Lewdness charges are governed by N.J.S.A. 2C:14-4 which provides:

§ 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.

It appears that this case will be charged as a disorderly persons offense punishable by a $1,000.00 fine, up to six (6) months in the county jail, and a permanent criminal charge on his record if convicted.