New Jersey Section 2C:34-6 – Definitions

New Jersey’s Obscenity Laws: Understanding Section 2C:34-6 Definitions

New Jersey’s obscenity laws have been on the books for decades, aiming to balance free speech protections with community standards around sexually explicit material. But in this day and age, with the internet making access to pornography much easier, the legal definitions around obscenity remain complex and controversial.

Section 2C:34-6 of New Jersey’s criminal code lays out key definitions related to the state’s obscenity laws. Understanding these definitions provides insight into how the laws operate in restricting certain types of sexual content. Let’s take a closer look at some of the key terms:

Obscene Material

The definition of “obscene material” under 2C:34-6 requires meeting three criteria:

• Depicting sexual acts in an offensive way based on state standards
• Lacking serious artistic, political, or scientific value
• Appealing to the “prurient interest” in sex of the average person

This three-part test comes from the landmark 1973 U.S. Supreme Court case Miller v. California, which established a national framework for assessing obscenity. But the application to local community standards means obscenity is still subjective under New Jersey law.

Sexual Conduct

Section 2C:34-6(a) defines “sexual conduct” expansively to include not just sexual intercourse but also a wide range of other graphic acts like masturbation, bestiality, sadism, and more. Basically any depiction of hardcore sexual activity, whether real or simulated, falls under New Jersey’s definition.

Nudity

Under 2C:34-6, even nudity can be considered obscene depending on the context. Images showing genitals, pubic areas, buttocks or female breasts may be deemed obscene if they appeal to the “prurient interest” in sex.

Live Sexual Activities

Section 2C:34-6(d) defines “specified sexual activities” to include fondling, masturbation, intercourse and other erotic touching actually taking place in front of an audience. This targets the crackdown on live sex shows.

Defenses

New Jersey law does carve out some key defenses to obscenity charges. Section 2C:34-7 provides defenses for individuals in the privacy of their own home as well as bona fide libraries, museums, schools or religious institutions. Defendants can also argue the material has artistic, educational or scientific value.

Implications

The broad scope of New Jersey’s obscenity laws means that adult bookstores, strip clubs, and other sexually-oriented businesses face strict regulations about what kind of content they can provide to customers. Individuals even face charges for possessing explicit pornographic videos or images in some cases.

But in the internet era, the laws can be difficult to enforce consistently. Online porn accessible from New Jersey still has to comply with 2C:34-6, but it’s impractical for the state to regulate all of it.

Controversies

Some groups like the ACLU argue that obscenity laws are outdated and unconstitutional in light of broader free speech protections. They claim the laws are ripe for subjective and discriminatory enforcement.

But supporters counter that obscenity laws reflect community standards about sexual morality. They aim to limit exposure of extreme sexual content, especially to minors.

Where should society draw the line between free expression and obscenity? There are good-faith arguments on both sides. The legal boundaries remain blurry and controversial.

In summary, New Jersey’s obscenity laws defined in 2C:34-6 set a high bar for what constitutes criminal obscenity. But in practice, enforcement targeting local businesses or individuals can be inconsistent. Communities continue to debate where to strike the right balance between sexual freedom and public decency.