In New Jersey, state law allows municipalities and counties to pass their own ordinances that prohibit nudity on land that is owned by the state. The same law allows municipalities and counties to prohibit begging and the annoyance of animals. There is no state-wide law that prohibits public nudity in New Jersey, but some towns and cities do have such ordinances.
A New Jersey lawyer consultation with a New Jersey lawyer would help a person to become informed about nudity laws as well as indecent exposure laws in New Jersey.
Municipalities may also enact ordinances that regulate or fully prohibit swimming or bathing in water that is within or borders on the municipality. Furthermore, they may regulate or prohibit people from appearing in the public streets, parks, and places wearing bathing suits or other attire of a similar character.
They may also regulate or prohibit people from appearing in a state of nudity upon all lands within their borders, which are under the jurisdiction of the state, including, without limitation, all lands owned by, controlled by, managed by, or leased by the state.
Of course, a person could not be charged with a criminal offense for nudity in places that are not public, e.g., in the privacy of their home. To do so would be a violation of privacy, which is protected under the U.S. Constitution.
What Is Considered a “Public” Place in New Jersey?
A “public place” is defined in New Jersey law as a place that is open and accessible to the general public. This could be a location in which people gather for social, recreational, or commercial activities. The characteristics of a public place would be as follows:
- Accessibility: A public place is one that everyone can access without restrictions. For example, parks, streets, sidewalks, and public buildings would be “public places” in the view of the law.
- Legal Context: The definition might be somewhat different depending on the county or municipality in which public nudity is banned and on the nudity laws or regulations that apply to the conduct.
Do I Have To Be Completely Nude in New Jersey To Violate Nudity Laws?
Generally, an individual would have to be completely nude in those places in New Jersey in which public nudity is prohibited to be guilty of a criminal offense. Perhaps wearing a hat or shoes alone would not help a person escape a criminal charge, whereas wearing something that covers a portion of their body, especially the private parts of a person’s body that are usually concealed by ordinary streetwear, would allow an individual to escape a criminal charge.
Again, public nudity is not a criminal offense under New Jersey state law. Rather, it is prohibited in some towns and counties by local laws. So the exact definition of the law and the punishment depends on the local ordinance that prohibits public nudity.
What Are the Penalties for Violating Nudity Laws?
The punishment for violating a municipal or county nudity law is going to depend on the municipality or county that prohibits public nudity and state restrictions on the punishment that may be imposed.
For example, in Bedminster, New Jersey, it is a misdemeanor criminal offense for a person to expose their intimate parts to public view on public property that is not specifically designated for conduct of this type. It does not matter whether the perpetrator knows or has reason to know that other people will observe them.
The punishment in Bedminster is payment of a fine of up to $2,000, imprisonment for a maximum of 90 days, a period of community service not to exceed 90 days, payment of restitution in the amount of any economic damage caused by the violation, or a combination of these punishments at the discretion of the municipal court judge.
In Branchburg, New Jersey, it is a misdemeanor criminal offense for an individual to expose or exhibit themselves when naked or insufficiently clothed within the borders of Branchburg where they may be seen from any public street, building or property or from any private house, dwelling or store. The maximum penalty is payment of a fine of not more than $1,000 or incarceration for a period of not more than 90 days or both.
So, unfortunately, the exact conduct that constitutes the crime of public nudity and the exact punishment depends on the local law in the county or municipality in which a person might be charged.
How Is Indecent Exposure Different From Simple Nudity?
In New Jersey, the crime of indecent exposure is also referred to as “lewd conduct.” There are three main ways in which a person can commit lewd conduct. Each version comes with a different punishment.
The following conduct can lead to a criminal charge:
- The Crime of Disorderly Person: The basic definition of the crime is exposing one’ s private parts or touching one’s private parts in a place in which a person knows or reasonably should know that a person who does not consent to viewing this conduct will see a person and experience offense.
- Engaging in this conduct in front of a child under the age of 13 is also a criminal offense.
- Engaging in this conduct in front of a mentally disabled person is a criminal offense as well.
New Jersey law does not specifically state that lewd conduct must necessarily be committed in public. The state’s provisions instead seek to determine if the alleged offender knew or could have reasonably expected that they could be seen. If they were seen by a child under the age of 13 or by a person with a mental disability, the conduct is a criminal offense.
Often, the perpetrator is an individual who is heavily intoxicated and would otherwise not have exposed themselves. It is also possible that a couple engaging in sexual activity may unexpectedly find themselves in the presence of others in violation of the law that prohibits lewd conduct.
The difficulty of defining what exactly is criminal and what is not is shown by the fact that state law does not prohibit urinating in public. However, ordinances enacted by some New Jersey towns and cities do prohibit urinating in public. New Jersey state law permits towns to adopt local laws prohibiting public urination and to punish violators.
New Jersey local government law sets the maximum punishment allowed. More particularly, state law allows a municipality to require payment of a fine of as much as $2,000.00, and incarceration in jail for up to 90 days as punishment for violating a local ordinance. The town can also require unpaid community service for up to 90 days.
What if I Refuse To Wear Clothes in New Jersey as a Political Statement?
The U.S. Supreme Court has ruled that public nudity can be prohibited. It is not essential political speech that is protected by the First Amendment to the U.S. Constitution. Of course, the First Amendment guarantees Americans freedom of speech.
What Should I Do if I Am Arrested for Public Nudity?
After being arrested for any type of crime, an individual should not talk to the police. The law does not require them to do so. An individual should ask to speak to a New Jersey lawyer. The police may tell a person that it will be to their advantage to talk to them, but this is not the case. A person should assert their right not to talk to law enforcement.
If an individual cannot afford to hire a lawyer, when they first appear in court, they will have the opportunity to inform the judge that they cannot afford a lawyer. The judge will then appoint a public defender to represent them at no expense to the individual who has been charged with a crime.
The individual would then consult with their lawyer regarding their next steps and how to handle the criminal charges against them.
Do I Need a Lawyer?
If you have been charged with public nudity or lewd behavior, you want to talk to a New Jersey criminal defense lawyer. Your lawyer can review your situation and advise you about any defenses you may have. They will guide you through the criminal prosecution process and make sure that your rights are protected at every step along the way.
