A 36-year-old Montclair man was arrested Sunday after two women told police he followed them down a street in Montclair with his pants unzipped and his genitals exposed. Officers who responded to the 200 block of Claremont Avenue quickly located a matching suspect nearby, and both women identified him before he was taken into custody.
According to Montclair Police Department, officers broadcast a physical description of the suspect shortly after responding to the scene on Sept. 6, which led them to find and detain a man nearby whose front zipper was down. As reported by NJ.com, the Essex County man was arrested after the two women said he had followed them while exposing himself.
The station's report notes that both women identified the man before he was placed under arrest and charged with two counts of lewdness. Police have confirmed the suspect is a Montclair resident, though authorities have not publicly released his name.
What the Charges Mean Under New Jersey Law
Public lewdness in New Jersey is typically prosecuted as a disorderly persons offense under state law. Per Justia Law, engaging in a flagrantly lewd and offensive act likely to be observed by non-consenting individuals who would be affronted or alarmed is classified as a disorderly persons offense, carrying penalties of up to six months in county jail and fines up to $1,000 per count.
The offense can escalate significantly under certain circumstances. New Jersey's lewdness statute also includes a fourth-degree crime, according to WomensLaw.org. The article does not address whether an enhancement applies in this case.
According to a June 8, 2017, New Jersey Courts opinion in State of New Jersey v. Eric Epps, a separate case involved convictions for sexual assault, endangering the welfare of a child and lewdness.
The man was released pending a court hearing, according to NJ.com. That outcome tracks with how New Jersey generally handles non-violent, lower-level charges. Under the state's Bail Reform and Speedy Trial Act of 2017, explained by Casper & Bloom Law, complaint-summons cases generally allow release without cash bail pending an initial court hearing.
A Civic Corridor With a Busy Blotter
The Montclair Township Municipal Building houses township government offices and council chambers, per the Township of Montclair. Claremont Avenue is mentioned in local coverage.
Local coverage has also described police activity in Montclair. A Newark man was charged after attacking a CVS worker in Montclair last month.
Part of a Broader Pattern of Reports Statewide
Sunday's arrest is not the only recent public lewdness case to draw police attention in Montclair. In a separate July 21 incident, a woman was denied free frozen yogurt at 16 Handles. The woman remained at large.
Similar cases have surfaced elsewhere in New Jersey this summer. The article also mentions other cases in New Jersey this summer. It remains unclear whether Sunday's suspect has any prior criminal record in Essex County, and no date has been publicly announced for his first appearance in Montclair Municipal Court.
The article discusses the Montclair Police Department.
