Understanding New Jersey’s Law on Desecration of Venerated Objects

New Jersey has a law that makes it a disorderly persons offense to purposefully desecrate any public monument, insignia, symbol, structure, or place of worship or burial. This law, known as NJ Statute 2C:33-9, is designed to protect objects and places that have special significance to a community or religious group from being damaged or defaced. But what exactly does this law prohibit, and what are the potential penalties for violating it? This article will provide an overview of the key aspects of New Jersey’s law on desecration of venerated objects.

What Does the Law Prohibit?

The relevant portion of NJ Statute 2C:33-9 states:

A person commits a disorderly persons offense if he purposely desecrates any public monument, insignia, symbol, or structure, or place of worship or burial.

So this law prohibits purposefully desecrating certain types of objects or places, including:

• Public monuments – Such as statues, historical markers, or memorials on public property.
• Insignia or symbols – Like a state flag or seal that is displayed in a public place.
• Public structures – For example, government buildings or public schools.
• Places of worship – Including churches, temples, mosques, synagogues, or other sites used for religious services and rituals.
• Burial places – Like cemeteries, graveyards, or mausoleums.

The key is that the object or place must have some public significance or be used for religious purposes. Private property is not covered by this particular law.

What Does “Desecrate” Mean?

The statute provides a definition of “desecrate” – it means defacing, damaging, or polluting the object or place. So any act that defaces, damages, or pollutes a protected object or place could potentially be considered desecration.

Some examples of acts that could violate this law include:

• Spray painting or graffiti on monuments, buildings, or grave markers
• Smashing windows or damaging parts of structures
• Knocking over statues or memorials
• Dumping trash or litter in cemeteries
• Urinating or defecating on symbols, buildings, or gravesites
• Mutilating religious texts, artifacts, or symbols

So any intentional act that defaces, damages or pollutes these types of venerated sites or objects could be deemed illegal desecration under the statute. The key is that the perpetrator has to purposefully commit the act – accidental damage would not qualify.

What Are the Penalties for Violating the Law?

According to NJ Statute 2C:33-9, desecration of a venerated object is a disorderly persons offense. This is a minor criminal offense in New Jersey, similar to a misdemeanor in other states.

The potential penalties for a disorderly persons conviction under this statute include:

• Up to 6 months in jail
• Fines up to $1,000
• Community service
• Probation

The punishment imposed would depend on the specific circumstances of the case and the perpetrator’s criminal history. Prosecutors have discretion in deciding what charges to pursue for acts of desecration. More serious charges like criminal mischief could apply if there is major damage.

Factors like the extent of damage, any religious or racial motivations, and public reaction to the incident would likely impact the charges and sentencing if the case goes to trial. Many first-time minor acts of desecration may result in probation or fines rather than jail time.

What Are Some Examples of Prosecutions Under This Law?

There have been a few notable cases in New Jersey where individuals were charged under the desecration of venerated objects statute:

• In 2002, a man was charged for spray painting swastikas and other graffiti on several Jewish temples and buildings under this law. He pleaded guilty and received probation.
• In 2020, four people were charged with desecrating a Confederate monument in Montclair, NJ after painting it red. The charges were later dropped.
• Also in 2020, a man was convicted of desecrating a historic Camden church with Satanic graffiti under this statute. He was sentenced to probation.

So while charges for desecration offenses are not extremely common, prosecutors have brought counts under this law in cases involving both religiously and racially motivated acts of vandalism and destruction to cherished sites. The penalties tend to be relatively minor if there are no major damage or injuries.

What Are Potential Defenses to Desecration Charges?

There are a few potential defenses that a person facing charges under NJ Statute 2C:33-9 could raise:

• Lack of intent – If the damage was accidental rather than purposeful, it would not qualify as desecration under the statute. The defendant would need to show they did not intentionally commit the act.
• Mistake of fact – The defendant may claim they were not aware the property was a protected place of worship, burial site, or public monument. This could potentially negate the intent required.
• Free speech – The defendant could argue the act was expressive conduct or symbolic speech protected under the First Amendment. However, this defense has limits if there is property damage.
• Necessity – In extraordinary cases, a defendant could argue their conduct was necessary to avoid a greater harm. But this is difficult to prove when other legal options are available.
• Mental incapacity – If the defendant can show they were unable to comprehend the nature of their actions or control their behavior, they may be able to use an insanity or diminished capacity defense.

Having an experienced criminal defense attorney argue one of these defenses could potentially get charges reduced or dismissed. But the success of a defense will depend on the specific facts of the case.

Public Policy Considerations

There are some public policy issues around laws criminalizing desecration of venerated objects:

• Free speech – Some civil liberties advocates argue these laws infringe upon free speech rights to protest or express unpopular opinions. Others counter that property destruction is not protected speech.
• Selective enforcement – Critics note offensive acts against majority religions may be prosecuted more vigorously than similar acts against minority faiths. Proponents argue minority groups deserve equal protection.
• Alternatives to criminalization – Some believe restorative justice or civil penalties better address most minor acts of desecration. But others want the symbolic condemnation of criminal law.
• Clarity of statutes – Vague terms like “desecrate” and “venerated objects” could raise due process issues. But more specific language might create loopholes.
• Symbolic value – Supporters argue punishments for desecration affirm society’s values and condemn intolerant acts. But skeptics question their real deterrent effect.

There are reasonable arguments on both sides of these issues. Ultimately, legislatures and courts must balance free speech, property rights, public sensibilities, and other factors in an imperfect way. The public policy debates will likely continue around these types of laws.

Conclusion

In summary, New Jersey’s statute against desecrating venerated objects is aimed at protecting public monuments, religious sites, graves, and other cherished places and symbols from defacement and damage. Violations are a disorderly persons offense carrying fines and up to 6 months in jail. Prosecutions are not very common but do occur in cases of religiously or racially motivated vandalism. Defendants can raise several defenses, but free speech protections are limited for acts that destroy property. There are also ongoing public policy debates around the proper scope and application of these types of laws. Understanding the key provisions, penalties, and issues around New Jersey’s law on desecration provides useful insight into this unique offense.