Understanding New Jersey’s Disorderly Conduct Law (2C:33-2)

Disorderly conduct is a common charge in New Jersey that covers a wide range of disruptive behaviors. The state’s disorderly conduct law, N.J.S.A. 2C:33-2, makes it a petty disorderly persons offense to purposely cause public inconvenience or recklessly create a public nuisance.

This law is used to prosecute many types of cases, from public intoxication and fighting to using offensive language. A disorderly conduct conviction can lead to fines, probation, and even jail time in some instances. So it’s important to understand what constitutes disorderly conduct under New Jersey law.

The Basics of 2C:33-2

New Jersey’s disorderly conduct statute sets out two main ways that someone can commit this offense:

1. Improper Behavior

Under 2C:33-2(a), a person is guilty of disorderly conduct if they purposely cause public inconvenience, annoyance, or alarm. This covers things like:

• Fighting, threatening, or tumultuous behavior
• Creating hazardous or dangerous conditions that serve no legitimate purpose

Some examples of disorderly behavior include public drunkenness, loitering, making unreasonable noise, or damaging property.

2. Offensive Language

Section 2C:33-2(b) states that disorderly conduct also includes using offensive or coarse language in public with the purpose of offending others. This applies to speech that is unreasonably loud or abusive given the circumstances.

Yelling profanities in a public park or shouting obscenities at passersby could potentially lead to a disorderly conduct charge under this provision.

Penalties for Disorderly Conduct

Although disorderly conduct seems like a minor offense, convictions can come with stiff penalties:

• Up to 30 days in jail
• Fines up to $500
• Probation or community service
• Restitution for any property damage
• Permanent criminal record

The judge also has discretion to suspend or revoke driving privileges. And a disorderly conduct conviction can negatively impact job prospects, college applications, and professional licensing.

Defending Against Disorderly Conduct Charges

The broad nature of New Jersey’s disorderly conduct law means police have wide latitude to make arrests. But there are often solid defenses that an experienced criminal defense lawyer can raise.

For improper behavior, it must be shown the defendant’s actions had no legitimate purpose. So if there was a lawful reason for the conduct, that can defeat the charge.

With offensive language, the speech must directly incite immediate violence or breach of peace. Offensive words alone are not enough. Your lawyer can argue the speech was harmless hyperbole, not true threats or “fighting words.”

Other possible defenses include:

• You were unlawfully arrested without probable cause
• Your conduct was justified or excused under the circumstances
• Mistaken identity (you weren’t the person engaged in the disorderly behavior)
• Exercise of free speech rights under the First Amendment

Juvenile Charges

Disorderly conduct charges against juveniles (under 18) are heard in New Jersey family court. Possible penalties include:

• Fines (up to $100)
• Community service
• Required counseling or therapy
• Juvenile detention

Diversion programs may also be available for first-time youth offenders. These involve completing certain conditions like counseling, community service, or restitution in exchange for avoiding a conviction.

An experienced juvenile defense lawyer can advocate for diversion instead of formal adjudication and sentencing. They will explain mitigating factors to the judge and prosecutor negotiating more favorable outcomes.

Expungement Options

Those convicted of petty disorderly persons offenses like disorderly conduct can expunge their criminal record in New Jersey after 5 years.

Expungement seals the record from public view and allows denying the conviction happened (with some exceptions). But the arrest and conviction will still show up on background checks done by law enforcement, courts, and other agencies.

One way to clean your record sooner is to enroll in the state’s Conditional Dismissal Program (CDP) for first-time offenders. This results in dismissal of charges after 6 months to 1 year.

Disorderly Conduct vs. Breach of Peace

Some similar charges in New Jersey include breach of peace (N.J.S.A. 2C:33-2) and riot (N.J.S.A. 2C:33-1).

Breach of peace is a disorderly persons offense covering fighting, violent behavior, or using language likely to incite violence. Riot involves disorderly conduct by 3+ people acting with a shared intent.

All three charges can often arise from the same incident. A skilled lawyer may get charges reduced or consolidated through effective negotiation.

When is it a Crime?

Disorderly conduct becomes a more serious 4th degree indictable offense if the defendant:

• Damages property while committing disorderly conduct; or
• Fails to obey a reasonable official request to move/disperse

This elevates the charge to a misdemeanor-level “criminal” offense with harsher penalties. Jail time can extend to 18 months.

Typical Disorderly Conduct Scenarios

Some common scenarios that lead to disorderly conduct charges include:

• Bar Fights: Getting into an altercation or scuffle at a bar/nightclub/restaurant, especially if property damage results.
• Disturbing the Peace: Making unreasonable noise late at night like loud music, yelling, fighting, or honking car horns.
• Harassing/Threatening: Verbally harassing or threatening others in public in a way likely to incite immediate violence.
• Indecent Exposure: Exposing oneself indecently in a public place.
• Intoxication: Being visibly drunk and belligerent in public areas like parks, sidewalks, mass transit.
• Loitering: Lingering in public areas for no legitimate purpose, obstructing sidewalks or entrances.
• Offensive Language: Shouting profanities or insults at others in public settings.
• Panhandling: Aggressively begging for money in public areas in a threatening or disruptive way.
• Public Urination/Defecation: Urinating or defecating in an open public place.
• Refusing Orders: Not obeying lawful orders by police to disperse or move along.
• Trespassing: Refusing to leave private property after being told to leave by the owner.

Disorderly Conduct vs. Harassment

New Jersey also has laws against harassment (N.J.S.A. 2C:33-4) and cyber harassment (N.J.S.A. 2C:33-4.1).

The main difference is that harassment requires intent to seriously alarm/annoy someone or put them in fear of harm. Disorderly conduct has a lower standard of recklessly risking public annoyance.

But harassment is easier to defend against since the victim’s fear and state of mind are more relevant. With disorderly conduct, the main issue is how an average person would view the conduct.

When Speech Crosses the Line

The First Amendment protects most offensive speech, but not if it directly incites imminent violence or unlawful acts. That’s considered “fighting words” or “true threats” rather than protected speech.

So while shouting obscenities usually wouldn’t lead to conviction, threatening to kill someone might. Context matters, so a lawyer can argue the speech didn’t really pose a threat.

The ACLU has resources on handling disorderly conduct charges stemming from protests or demonstrations.

Don’t Face Charges Alone

Disorderly conduct may seem like a minor offense, but convictions bring steep penalties that can haunt you for years. Don’t take chances by navigating the legal system alone.

An experienced New Jersey criminal defense lawyer can often get charges reduced or dismissed. They know how to craft the strongest defense arguments to defeat your charges in court.

With so much at stake, it’s wise to exercise your right to counsel and let a lawyer protect your rights. Contact an attorney as soon as charges are filed to start building your defense for the best possible outcome. Don’t just plead guilty and accept a conviction that will follow you forever.