24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

New Jersey Section 2C:33-1 – Riot; failure to disperse

 

New Jersey’s riot law – What you need to know

New Jersey’s riot law, Section 2C:33-1 of the New Jersey Code of Criminal Justice, makes it illegal to participate in a riot or to fail to disperse when ordered to by law enforcement. This law was enacted to allow police to charge groups engaging in violence or lawlessness with a crime. However, it has faced criticism from civil liberties advocates concerned about overreach. Let’s break down what this law actually says and what it means for protestors or others engaged in group disorder.

What constitutes a riot?

Under 2C:33-1, a person commits the crime of riot if they participate with 4 or more others in a course of “disorderly conduct” as defined in 2C:33-2. This disorderly conduct has to be done:

  • With the purpose to commit or facilitate another crime
  • To prevent or coerce official action
  • When any participant uses or plans to use a deadly weapon

So essentially, a riot involves a sizable group engaging in lawless behavior or violence. Some key points:

  • It requires 4 people – you alone can’t riot.
  • There needs to be some intent behind it – either committing crimes, preventing government action, or using weapons. A random disturbance wouldn’t qualify.

What’s the penalty?

Rioting is a 3rd degree crime if deadly weapons are involved, carrying 3-5 years in prison. Otherwise, it’s a 4th degree crime with up to 18 months in prison.

When do you have to disperse?

The law also makes it illegal to disobey an order to disperse by police. If 5 or more people are engaging in disorderly conduct that could cause “substantial harm,” officers can order the group to leave.

Refusing this order is a disorderly persons offense, which carries up to 6 months in jail.

What are the pros and cons of this law?

Supporters of 2C:33-1 argue it’s needed to allow police to break up dangerous mobs and restore order. It provides an important tool when protests, rallies, or other gatherings turn violent. Police can arrest rioters rather than resorting to more aggressive tactics.

However, the ACLU and other groups have raised concerns that it grants too much discretion to declare assemblies as “riots.” They argue it could be used to infringe on lawful protests protected by the First Amendment. Some also claim the language is vague in terms of what constitutes disorderly conduct.

What defenses could be raised?

Those charged under 2C:33-1 may argue they didn’t actually engage in disorderly conduct. The State has to prove this element was met beyond a reasonable doubt.

Defendants may also claim they were simply exercising free speech and assembly rights. However, these rights aren’t absolute – the State can place reasonable restrictions on time, place, and manner of protests to maintain order.

What should you do if charged?

Those accused of rioting should obtain counsel to explore possible defenses. An attorney can argue the situation didn’t meet the statutory definition, or that dispersal orders were invalid.

They may also seek plea bargains or pre-trial intervention to avoid convictions. Programs like community service may be secured in lieu of jail time.

Bottom line

2C:33-1 is a powerful tool for law enforcement, but also one open to potential abuse. It should be applied judiciously to dangerous mobs while protecting legitimate protest activity. With sound policies and even-handed enforcement, the law can target true public threats rather than controversial but peaceful dissent.

What are your thoughts on New Jersey’s riot statute? How can we strike the right balance between order and liberty in an increasingly polarized climate? Share your perspectives below!

Schedule Your Consultation Now