NJ Public Display or Communication of Obscenity

Fighting Public Obscenity Charges in New Jersey

Being charged with public communication or display of obscenity can have severe consequences in New Jersey. Even first offenses are indictable crimes carrying potential prison time and sex offender registration. But these cases are also highly complex with nuanced legal defenses.

In this article, I’ll break down New Jersey’s obscenity laws, penalties, and possible defenses. My goal is to help you understand your rights and options if facing public obscenity allegations here in NJ.

New Jersey’s Public Obscenity Laws

Under NJ statute 2C:34-4, it is a crime to[1]:

• Knowingly display or distribute obscene material in public view
• Knowingly engage in an obscene performance in public
• Knowingly admit the public to an obscene performance

“Obscene” is defined as content lacking any serious literary, artistic, political or scientific value that predominantly appeals to prurient interests in sex and offends community standards.

Penalties for Public Obscenity Convictions in NJ

Public obscenity charges are categorized from 4th to 2nd degree crimes based on the specific acts alleged[2]. Potential penalties upon conviction include:

• Up to 18 months in prison (4th degree)
• Up to 10 years in prison (2nd degree)
• Fines up to $150,000
• Mandatory sex offender registration

Even low-level public obscenity convictions can trigger Megan’s Law registration requirements. And 2nd degree charges are strict liability offenses requiring no proof of intent.

Defending Against Public Obscenity Charges

While New Jersey’s public obscenity laws are broad, viable defenses exist that an experienced criminal defense attorney may be able to raise on your behalf. Some examples include[3]:

• The material was not obscene under the legal definition
• You lacked knowledge of the material’s obscene nature
• The public display was limited to appropriate adults
• Your speech is protected by the First Amendment
• There are procedural flaws in the investigation or arrest

An effective defense requires aggressively contesting the prosecution’s evidence and legal interpretations. For example, arguing that the material has artistic merit, or that police violated your rights in obtaining it.

Why Hiring an Attorney is Crucial

Attempting to defend yourself against obscenity charges is extremely risky. These cases often come down to complex constitutional law arguments that only an experienced lawyer will know how to pursue. Specifically, an attorney can help by[4]:

• Filing motions to suppress illegally obtained evidence
• Challenging the obscene classification of content
• Raising First Amendment and due process defenses
• Negotiating dismissal or reduced charges with prosecutors
• Navigating strict sentencing guidelines and sex offender registration

Public obscenity laws remain highly controversial and nuanced. Before speaking to police or prosecutors, be sure to consult an attorney to protect your rights.

Let Us Help Defend Your New Jersey Obscenity Charges

Fighting obscenity allegations in NJ requires experienced legal representation. Our team of criminal defense attorneys includes experts in First Amendment law with a proven record of successfully defending obscenity cases. Let us review your charges and build the strongest possible defense on your behalf.

Don’t leave your reputation and future in the hands of prosecutors alone. Contact our office today to schedule a free consultation with one of our lawyers. There are always options and we can help you identify the best legal strategies to resolve your public obscenity case favorably.