New Jersey’s Maintaining a Nuisance Law: What You Need to Know

New Jersey’s maintaining a nuisance law, Section 2C:33-12 of the New Jersey Code of Criminal Justice, makes it illegal to create or maintain a nuisance that endangers others, allows unlawful activity, or operates as a house of prostitution or obscenity distribution center. This law carries criminal penalties, including possible jail time, for those convicted.

What Is Considered a Nuisance Under 2C:33-12?

There are three main ways someone can violate New Jersey’s maintaining a nuisance law:

1. 1. Endangering Others

The first section of the law prohibits conduct that recklessly or knowingly endangers the safety or health of a “considerable number of persons.” This means doing something unlawful or unreasonable that puts many people at risk of harm. For example, holding a huge party with hundreds of guests despite COVID restrictions could qualify.

1. 1. Allowing Unlawful Activity

The second section bans knowingly conducting or maintaining any place where people gather to engage in illegal acts. This covers operating or allowing criminal operations on your property. For instance, if you own a bar and knowingly let gang members sell drugs there, you’d be liable.

1. 1. Houses of Prostitution and Obscenity

The third section specifically prohibits maintaining a brothel or a place that creates, sells, exhibits or distributes obscene material. So operating a strip club or adult video store in violation of obscenity laws would violate this provision.

Penalties Under 2C:33-12

The potential penalties under New Jersey’s maintaining a nuisance law depend on which provision you violate:

• Endangering others or allowing unlawful activity is a disorderly persons offense, punishable by up to 6 months in jail and a fine up to $1,000.
• Operating a house of prostitution or obscenity distribution center is a 4th degree crime, with up to 18 months in prison and a fine up to $10,000.

In addition to fines and imprisonment, the court can order the immediate shutdown of the nuisance, seizure of related property, and forfeiture of assets used to maintain the nuisance. The property may be destroyed or sold at auction, with proceeds going to the county.

For owners specifically, the court can order the property closed for up to a year following conviction.

Defenses to 2C:33-12 Charges

There are several possible defenses if you’ve been accused of maintaining a nuisance in New Jersey:

• Lack of knowledge – For the first two sections, the law requires you to “knowingly” create the dangerous condition or allow the illegal activity. So if you can show you didn’t know about the issue, you may be able to fight the charges.
• Unreasonable application – For endangerment nuisances, you can argue that your conduct wasn’t actually unreasonable under the circumstances. This depends on the specific facts.
• Free speech – For obscenity distribution centers, you may claim the materials are protected by the First Amendment. But obscenity laws place limits on free speech when it comes to hardcore pornography.
• Selective enforcement – If you can demonstrate you’re being singled out for prosecution based on discrimination, you may be able to get the case dismissed.
• Entrapment – If police coerced you into committing a crime you otherwise wouldn’t have, entrapment is a possible defense strategy.

Maintaining a nuisance charges can have serious consequences in New Jersey. If you are facing allegations under Section 2C:33-12, it is critical to involve an experienced criminal defense attorney immediately. A knowledgeable lawyer can carefully examine the evidence and advise you on the best defenses and negotiation strategies for your specific situation. Don’t leave the outcome to chance – protect your rights by securing strong legal representation right away.