New Jersey Section 2C:34-3.2 – Display of obscene material

New Jersey Law on Displaying Obscene Material – What You Need to Know

A new law in New Jersey makes it illegal for stores to display obscene material in public view. Here’s what the law says and what it means for businesses and customers.

New Jersey Section 2C:34-3.2

is a law that prohibits businesses from displaying obscene materials where customers – including minors – can see them. This law allows towns and cities in NJ to make it a petty disorderly persons offense to publicly display obscene material.

What Does the Law Say?

The exact text of Section 2C:34-3.2 states:

“A municipality may enact an ordinance making it a petty disorderly persons offense for a person to display obscene material in a location visible from a public thoroughfare or transportation facility.”

So in plain English, this law lets local governments make rules saying stores can’t show obscene stuff where the public – and kids – might see it.

Obscene means sexual content that an average person would find offensive and inappropriate, with no artistic value. More on that later.

What’s the Penalty?

If a store breaks the ordinance, the penalty is a petty disorderly persons offense. That’s like a misdemeanor in other states.

The maximum punishment is up to 30 days in jail and a $500 fine. But most first offenses just get a fine.

What Counts as Obscene?

The legal definition of obscenity is sexual content that an average person finds offensive and lacks artistic value. Some examples are:

• Hardcore pornography
• Sex toys or videos displayed in store windows
• Sexually explicit magazine covers visible to customers

Basically, anything super graphic or offensive counts. Things like R-rated movies probably don’t cross the line into obscenity.

How Might This Affect Businesses?

Adult bookstores and sex shops may need to take down public displays or cover windows.

Mainstream stores may have to move sexually explicit magazines behind the counter.

Theaters could be required to stop showing obscene posters and previews outside.

So any business displaying sexual content may need to make changes to comply with local ordinances.

Can Customers Still Buy Obscene Material?

Yes, absolutely. The law only applies to public displays, not what customers can purchase. Adults can still freely buy whatever lawful material they want.

The goal is simply to get extremely graphic and offensive public displays out of view, particularly from minors. But purchasing options remain unchanged.

Will This Be Enforced Everywhere?

Not necessarily. The law allows each town or city to decide whether to enact this type of ordinance. Local governments can choose whether or not to make public display of obscenity a petty offense.

So enforcement will depend on the municipalities. Some may actively enforce it, while others might not prioritize it. Check your local laws.

What About Free Speech Concerns?

Some people argue this law unfairly restricts free speech. They say it’s censorship to ban displaying lawful material that some people find offensive.

Others contend community standards allow reasonable limits on extremely sexual public displays, especially to shield minors. They say adults can still freely purchase these products.

The courts will ultimately decide what balances free speech versus public decency. Expect legal challenges to this type of law.

Takeaway Points

• New Jersey allows local ordinances prohibiting public display of obscene material
• Businesses may need to take down or cover extremely sexually graphic store displays
• The penalty is a petty disorderly offense, similar to a misdemeanor
• Adults can still purchase lawful sexual material – the law just limits public display
• Enforcement will depend on local municipalities choosing to enact ordinances

This new law aims to limit exposure of extremely sexually explicit displays, especially to minors. But purchasing lawful material is not affected. Check your local laws to see if restrictions on public displays may apply.

Let me know if you need any clarification or have additional questions! I’m happy to explain further