Obscenity Laws in New Jersey – What You Need to Know

Obscenity laws in New Jersey can be a bit confusing. As a lawyer writing for my law firm’s blog, I want to break it down for you in simple terms. I’ll explain what the law says, potential defenses, and the implications. My goal is to help you understand these laws and how they could impact you or someone you know.

Let’s start with the basics. In New Jersey, it’s illegal to sell, distribute or display obscene material to someone 18 or older unless your city or town has passed an ordinance allowing it[1]. Obscene material is defined as something that:

• Appeals to your naughty interests in a patently offensive way based on community standards[2]
• Depicts sexual conduct in an obviously offensive way[2]
• Lacks serious literary, artistic, political or scientific value[1]

That’s the legal jargon, but what does it actually mean? Basically, New Jersey wants to stop folks from spreading around pornography and other X-rated stuff. But only if it’s particularly graphic or over-the-top based on what people in your town find acceptable.

The law also bans showing obscene films to someone under 18 to get them or yourself worked up[2]. That’s considered a more serious crime than just displaying obscene material to an adult.

Now, what could happen if you break these laws? Well, you’re looking at fines up to $10,000 and possibly jail time[3]. Not fun. The penalties get worse if minors are involved.

Of course, these laws aren’t always black and white. What counts as “obscene” can be subjective. Some people might think certain materials are offensive, while others see them as artistic or comedic.

Courts use a three-part test to decide if something is obscene[4]:

• Does the average person find it appeals to unhealthy desires?
• Does it show sexual acts in a clearly offensive way?
• Does it have any value?

If the answer to 1 and 2 is yes and 3 is no, then it’s likely obscene under the law. But there’s plenty of room for argument.

For example, many works of art portray nudity or sexuality. But they often have artistic merit. Some raunchy comedies might seem obscene to some folks. But fans see humor in them. So it’s not always a clear call.

When it comes to defending against obscenity charges, there are a few options:

• Argue the material has artistic, comedic or other value.
• Claim it doesn’t violate community standards.
• Say it wasn’t distributed in a public enough manner.
• Argue the law itself violates freedom of speech.

Some of these defenses have worked in the past. But much depends on the specific judge and jury.

Of course, avoiding obscenity charges in the first place is ideal. Here are some tips:

• Get a local retail license if selling adult products.
• Keep potentially obscene materials away from minors.
• Don’t publicly display graphic images.
• Understand your town’s standards.
• Consult a lawyer if concerned over content.

While freedom of speech is crucial, it’s not unlimited. Striking a balance between liberty and order isn’t always easy. Communities differ on what they consider decent or indecent.

So use good judgment when it comes to explicit material. Be mindful of who might see it and where you’re distributing it. If charged, speak with an attorney to explore your options. With smart choices, you can stay on the right side of the law.

I know that was a lot of info! But I hope this gives you a better handle on obscenity laws in this state. It’s a complex issue with no perfect answers. My goal is to educate folks so they can make informed choices and avoid unnecessary troubles. Let me know if you have any other legal questions!