DISORDERLY CONDUCT

DISORDERLY CONDUCT

2C:33-2. Disorderly Conduct. Disorderly Conduct is a petty disorderly persons offense that comes in two forms.

a. Improper behavior. The offense of Improper Behavior is when a person intends to cause public inconvenience, annoyance or alarm, or through reckless action they either participate in a fight or create a dangerous situation with no legitimate purpose.

b. Offensive language. Offense language is using unreasonably loud and offensively coarse or abusive language in public with the purpose to offend another.

RIOT, FAILURE TO DISPERSE

2C:33-1. Riot, Failure to Disperse. A riot requires the participation of four or more people committing Improper Behavior in one of three circumstances:

  1. With purpose to commit or facilitate the commission of a crime;
  2. With purpose to prevent or coerce official action; or
  3. When he/she or any other participant uses or plans to use a firearm or other deadly weapon.

Circumstances 1 and 2 are 4th degree crimes. Circumstance 3 is a 3rd degree crime.

FAILURE TO DISPERSE

2C:33-1b. Failure to disperse. It’s a disorderly persons offense to refuse to comply with an order from a law enforcement officer to disperse when five or more persons are participating in Improper Behavior.

WANDERING

2C:33-2.1. Wandering. Wandering is a disorderly persons offense. Loosely speaking it is often used as a plea bargain option from an initial charge of simple possession. Technically, a person commits Wandering if 1) they wander, remain or prowl in a public place with the purpose of unlawfully obtaining or distributing a controlled dangerous substance; and 2) engages in conduct that, under the circumstances, manifests a purpose to obtain or distribute a controlled dangerous substance.

FALSE PUBLIC ALARMS

2C:33-3. False Public Alarms. Phoning in or otherwise reporting a fake fire, explosion, bomb, crime, or other emergency is a serious crime in New Jersey. Depending on the circumstances and whether anybody is injured, the severity of the crime ranges from a 4th degree crime to a 1st degree crime. Fines starting at $2,000 are imposed. Juveniles convicted under this statute will lose the right to drive for 6 months in addition to any other sentence imposed by the judge.

HARASSMENT

2C:33-4. Harassment. Harassment is a petty disorderly persons offense requiring the intent to harass and using words or conduct at extremely inconvenient hours or likely to cause annoyance or alarm. Under 2C:33-4b, a person commits harassment if with the intent to harass they hit, kick, or shove another or threaten to do so. Harassment is a 4th degree crime if it occurs while the defendant is presently incarcerated or on parole.

SMOKING IN PUBLIC

2C:33-13. Smoking in Public. That already overpriced cigarette may cost you. In New Jersey, any person who lights up on a public bus, train, or cab has committed a petty disorderly persons offense. This also includes any public areas specifically prohibiting smoking. Fines of $200 will be imposed.

SALE OF TOBACCO

2C:33-13.1. Sale of tobacco to a person under 19. This is also a petty disorderly persons offense except the fines are doubled!

UNDERAGE POSSESSION OR CONSUMPTION OF ALCOHOL

2C:33-15. Underage Possession or Consumption of Alcohol. New Jersey’s underage drinking statute carries serious consequences. A minimum fine of $500 will be imposed. If the offense took place in a car, you may lose your license to drive for 6 months.

OFFERING ALCOHOL TO UNDER AGE PERSONS

2C:33-17. Offering alcohol to under age persons. Offering or providing alcohol to a person under 21 is a disorderly persons offense carrying fines up to $1,000 and up to 6 months incarceration. There is an exception for parents who serve alcohol to their children at home and for religious purposes.

If you are facing a disorderly persons offense in New Jersey consider hiring a criminal lawyer to ensure the best outcome to your case.

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