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Public obscenity and obscenity to a juvenile (minor) in New Jersey are criminal offenses. If accused of these charges, it is crucial to pursue an effective legal defense. The Aiello, Harris, Abate Law Group PC offers legal counsel to protect the rights of those accused of these violations of community standards.
The accused should understand how the state defines and categorizes these defenses to anticipate the consequences better.
New Jersey upholds separate charges for general instances of public obscenity and those involving a minor.
The same overarching definitions apply to both statutes.
The state’s general definition of obscenity is any description or depiction of a sexual activity or sexual anatomical area that lacks value in terms of artistry, science, or political value. The average person applying contemporary community standards would find the material offensive or prurient (meaning it deals excessively with sexual matters).
Examples of this include indecent exposure of sexual anatomy to others in public or knowingly sexting with a minor.
An incident is defined as public when it involves the open display, vocalization, or exhibition of obscene material so that those in public places may witness it. Public places include streets, recreation and shopping areas, and public vehicles.
This legal concept refers to having knowledge of the contents of obscene material (or a failing to properly inspect the material) while showing it to a minor. For example, knowingly allowing those under 18 to view an age-restricted film or otherwise exposing them to sexual content.
Any obscenity in public constitutes presumptive evidence that the defendant knowingly made the communication.
Offensive language is illegal when it is publicly obscene or knowingly used in the presence of a minor. Offensive language goes beyond sexual content and inappropriate conduct; it also encompasses offensively coarse or abusive language with the intent of (or disregard for) offending those overhearing it. For example, arguing and swearing loudly in a crowded public place.
Case Study
A recent case in Somerset County, Somerville, New Jersey, venue in the Superior Court proved that point. A man was accused of sexual assault, violation of NJSA 2C: 14-2. The allegation was that while a woman was drunk, he took advantage of her and committed the act of sexual assault. He was in prison for five to 10 years, under Megan’s Law.
For both charges, the state must prove that the material was obscene and that the defendant knowingly shared it with awareness of its obscenity (or a responsibility to have such knowledge). For obscenity involving a minor, the state must prove that the alleged victim was under 18 and that the defendant is at least four years older.
The state must also prove that the defendant showed the material to the minor with the purpose of arousal or stimulation of themself or others.
Defense against obscene exposure to a minor involves proving that the alleged victim’s appearance was such that most people would assume they were at least 18 and that they presented false evidence of being 18 or over.
In New Jersey, the charge for exposing an obscenity to a juvenile is up to $15,000 in fines and three years in prison. Public obscenity involves up to $10,000 in fines and a maximum of 18 months in prison.
Those charged with obscenity toward a juvenile minor may face accompanying charges. These include lewd conduct, which falls under disorderly conduct and involves flagrantly lewd and offensive acts that the defendant knows (or can assume) will be observed by non-consenting persons.
They may also face charges related to endangering the welfare of a child. As a fourth-degree crime, this charge involves up to 18 months in prison, but it can escalate to 10 to 20 years for first-degree offenders. Other consequences may include fines, probationary periods, and registration as a sex offender for repeat offenders or those with escalated charges.
Our lawyers address the most frequently asked questions about these charges.
In New Jersey, obscenity to a minor is the knowing exposure of a minor to sexual content with the knowledge or purpose of offending or gratifying or arousing oneself or others.
Legally, obscenity is sexual content displayed in public or to a minor without artistic or scientific basis. The intention of the person sharing the content must be to arouse or stimulate, and the content would be deemed prurient by the community.
To prove obscenity, the prosecution must demonstrate that the material meets the three prongs of the Miller test: showcasing prurient interest, depicting sexual conduct largely offensive to community standards, and lacking serious literary, artistic, political, or scientific value.
Aiello, Harris, Abate Law Group PC offers legal counsel to those accused of violating New Jersey’s sex crime laws. Contact us today to find a lawyer to protect your rights if you are facing charges for public obscenity and/or obscenity to a juvenile minor in New Jersey.
Call us today at (908) 873-3571 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
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