Last Updated on: 8th March 2023, 04:06 pm

Protecting Yourself Against Public Obscenity Offenses in New Jersey with Spodek Law Group

In an effort to combat public displays and communications of obscenity, New Jersey lawmakers have made it a fourth degree crime to violate N.J.S.A. 2C:34-4(b). If you have been charged with violating this law, it is crucially important that you take this offense seriously. Not only can it leave you with a felony criminal record, but it can also result in up to 18 months in prison.

At Spodek Law Group, we understand the gravity of the situation and the potential ramifications of a conviction. We have the experience and expertise necessary to defend against sex-related charges throughout the state of New Jersey, and we have successfully defended many clients in similar situations. With our team of accomplished criminal defense attorneys led by Attorney Todd Spodek, we can protect you against these potential ramifications.

Our Qualifications

Our qualifications are extensive and include:

• Over 50 years of collective experience defending sex-related charges throughout the state
• Former county prosecutors who have served in key positions like Director of Major Crimes, the Drug Task Force, Juvenile Unit, and an entire Trial Division
• 11 lawyers whose practices are dedicated exclusively to representing clients accused of violating the law
• Certified criminal trial attorneys
• Offices conveniently located throughout New Jersey, including Jersey City, Camden, Mays Landing, Somerville, Trenton, New Brunswick, Mount Holly, Freehold, Toms River, Woodbury, Morristown, and Flemington

Defining Public Obscenity in New Jersey

Although public obscenity may sound similar to a lewdness offense, there are major differences in terms of the elements of proof. In order to convict you for public obscenity in New Jersey, the county prosecutor must establish, beyond reasonable doubt, that:

• The material was obscene;
• It was displayed, posted, exhibited, given away, or vocalized in a manner that it would be easily recognized in a public place; and
• The defendant engaged in the conduct knowing of the nature of the content and that it would be readily appreciated by the public.

There are some logical questions that naturally arise after reviewing these elements. The following sections address these common questions.

When Is Conduct in Public?

Conduct is considered in public when it is readily observable through unaided vision or hearing from a public street, road, recreation area, shopping center, public transportation facility, or other venue open to the public.

How Is Obscenity Defined?

Obscenity is defined as any depiction, display, account, or material of an anatomical area or sexual activity, contained in or consisting of a picture or other representation, publication, sound recording, live performance, or film which by means of posing, composition, or animated sensual details emits sensuality with sufficient impact to concentrate prurient interest on the area or activity.

When Is Conduct Knowing?

To be convicted of public obscenity in New Jersey, the defendant must knowingly communicate material that they know is obscene and with full knowledge that their conduct is in public. A presumption of knowledge is triggered once the state proves that the accused made a public communication of the obscene material.

New Jersey Public Obscenity Penalties

Since a 2C:34-4b offense is a fourth degree crime, the charge can only be heard at the New Jersey Superior Court. Jurisdiction to decide an indictable crime such as this is outside the authority of a local municipal court. A conviction for fourth-degree public obscenity can result in a fine of up to $10,000 and up to 18 months in prison.

Why Choose Spodek Law Group for Your Public Obscenity Case?

At Spodek Law Group, we understand the severity of a public obscenity charge and its potential consequences. We are dedicated to defending your rights and interests and will work tirelessly to protect your future. Our team of experienced criminal defense attorneys will provide you with personalized attention and a comprehensive legal strategy that is tailored to your unique situation.

We have a deep understanding of the law and the courtroom experience necessary to handle your case. Attorney Todd Spodek has a reputation for vigorously defending his clients and achieving favorable outcomes. We are committed to working with you every step of the way and ensuring that you understand your legal options and the potential consequences of each.