namely, only one officer was present, personal property
and valuables were strewn about, and an accident victim
was in peril.
2. Offensive language (N.J.S.A. 2C:33-2b)
State in the Interest of H.D., 206 N.J. Super. 58 (App.
Div. 1985), declared subsection b. unconstitutional on
overbreath grounds, finding that the statute impermissi-
bly punishes speech protected under the First
Amendment.
C. Loitering for Purpose of Illegally Using, Possessing or
Selling Controlled Substance (N.J.S.A. 2C:33-2.1). (See
also, LOITERING, this Digest)
D. Juvenile’s Right to Operate a Motor Vehicle;
Suspension or Postponement (N.J.S.A. 2C:33-3.1)
E. Harassment (N.J.S.A. 2C:33-4) (See also, HARASS-
MENT, this Digest)
F. Obstructing Highways and Other Public Passages (N.J.S.A. 2C:33-7)
In State v. Wishnatsky, 258 N.J. Super. 67 (Law Div.
1990), defendant was prosecuted in municipal court for
violation of N.J.S.A. 2C:33-7, based on his actions of
purposely barring the use of the passageway to a health
clinic, rendering it impassable to employees and visitors
by moving his body back and forth across the entryway.
In conducting a trial de novo, the Law Division upheld
the lower court finding of guilt. It rejected defendant’s
request to have the case transferred to the federal district
court, finding that it had subject matter jurisdiction over
the case and that it lacked any jurisdictional or legislative
authority to make such transfer. It also reaffirmed the
long-standing proposition that a defendant is not
entitled to a trial by jury on a petty disorderly offense
charge.The court rejected defendant’s argument that
his conduct was excused under the statute based on
defendant’s claim that he had a “legal privilege” to
purposely block the public entrance to the clinic to
protect unborn children. The court relied on the 1971
Commentary to the section in concluding that
defendant’s actions in blocking the doorway of the clinic
was not protected by the First Amendment, and his
actions, undertaken without the acquisition of a license or
permit, did not make him immune from prosecution.
G. Disrupting Meetings and Processions (N.J.S.A. 2C:33-8)
In State v. Kane, 303 N.J. Super. 167 (App. Div.
1997), defendant’s brief shouts for recognition at an
official budget hearing did not violate N.J.S.A. 2C:33-8,
since his conduct did not reach the stage where it was so
outrageous that police could appropriately act without
direction from the chairman of the hearing.H. Desecration of Venerated Objects (N.J.S.A. 2C:33-9)
I. Maintaining a Nuisance (N.J.S.A. 2C:33-12)
Maintaining a nuisance is a disorderly persons
offense when the person either knowingly a) creates a
condition that endangers the safety or health of a
considerable number of persons; or b) conducts premises
where persons gather to engage in unlawful conduct.
N.J.S.A. 2C:33-12a and b. Under subsection c), it is a
crime of the fourth degree when the premises are used as
a house of prostitution or the for sale, manufacture or
exhibition of obscene materials. See State v. Channel
Home Centers, 199 N.J.Super. 483, 486-87 (App. Div.
1985).Dumping large amounts of solid waste onto land
reserved for a street could be prosecuted under N.J.S.A.
2C:33-12a and b. State v. Garofola, 252 N.J. Super. 356,
360 (Law Div. 1988).To be prosecuted for maintaining a nuisance under
N.J.S.A. 2C:33-12b, the operator of the place of business
must know that the illegal activity is taking place. See
Town Tobacconist v. Kimmelman, 94 N.J. 85, 127 n.22
(1983).
In State v. Wright, 235 N.J. Super. 97 (App. Div.
1989), N.J.S.A. 2C:33-12c was upheld as constitutional
against vagueness and overbreadth challenges.J. Abating Nuisance (N.J.S.A. 2C:33-12.1)
N.J.S.A. 2C:33-12.1a authorizes the additional
penalty, upon conviction under N.J.S.A. 2C:33-12, of an
order to abate the nuisance and forfeit or destroy personal
property found on the premises and involved in
maintaining the nuisance. N.J.S.A. 2C:33-12.1b
permits the further penalty of an order to close the
building where the nuisance was maintained and to bar
its use for not more than a year. Conviction under this
section only comes into play upon conviction under
N.J.S.A. 2C:33-12; convictions under other nuisance