Understanding Public Order and Safety Offenses in New Jersey

PUBLIC ORDER AND SAFETY OFFENSES:

Designed to protect the general public by dealing with behavior that is not necessarily morally wrong but nonetheless affects the peace and safety of the community.

BREACH OF PEACE

At C/L any voluntary action that disturbed a community’s peace without lawful justification or excuse was considered a crime.

UNLAWFUL ASSEMBLY

• ROUT – NJ 2C:33-1b unlawful assembly
• RIOT – NJ 2C:33-1 unlawful assembly
• DISORDERLY CONDUCT – not a crime at C/L .341

N.J.S.A. 2C:33-2, which proscribes disorderly conduct, provides:

• Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating risk thereof he
• Engages in fighting or threatening, or in violent or tumultuous behavior; or
• Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.

State v. Paserchia, 356 N.J. Super. 461, 813 A.2d 556 (2003)

NUISANCES

NJ2C:33-12 anything that endangers life or health, gives offense to the senses, violates law of decency or obstructs the reasonable and comfortable use of property. .342

Gallo v. Acuna – city of San Jose, CA approach .442

Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986). .343

TRAFFIC VIOLATIONS

Strict liability offenses

• SPEEDING – “constructive notice” of laws – driver’s license test
• RECKLESS DRIVING – NJSA 39:4-96
• HIT AND RUN .344 – STOP, EXCHANGE INFORMATION AND RENDER AID, IF NEEDED
• DRIVING WITH A SUSPENDED OR REVOKED LICENSE – NJSA 39:3-40
• DWI – NJSA 39:4-50 0.08% most states now use 0.08%. Colorado DWAI, which stands for Driving While Ability Impaired, is a lesser-offense, where the person's blood alcohol level (BAC) is .05 or higher. OTHER TERMINOLOGY….

WEAPONS OFFENSES

List of weapons offenses found in Garland 3e .347

N.J. 2C:39-7Certain persons not to have weapons (Convicted felons by statute)

PUBLIC MORALITY OFFENSES

Are some victimless crimes and should be decriminalized? .350

• OBSCENITY – NJ 2C:34-2 Obscenity for persons 18 or older;
• 2C:34-3 Obscenity for persons under 18
• [2C:34-7 Sexually oriented business] shall be construed to prohibit a municipality from adopting as a part of its zoning ordinances an ordinance permitting the sale, distribution, rental or exhibition of obscene material in which event such sale, distribution, rental or exhibition shall be deemed legal.
• PORNOGRAPHY – “I know it when I see it” [] Distinguish between obscenity and pornography.
• HICKLIN TEST 1868 –.350