PUBLIC INDECENCY

PROSTITUTION

2C:34-1. Prostitution. Engaging in or promoting Prostitution is an offense. The promotion of prostitution of a person under 18 is a crime of the 2nd degree. Promoting one’s spouse to engage in prostitution or engaging in sexual activity with a person under 18 is a crime of the 3rd degree. Certain kinds of other promotion of prostitution are considered 4th degree crimes and engaging in prostitution with an adult is considered a disorderly persons offense but sequent violations are escalated to a 4th degree crime.

LOITERING FOR THE PURPOSE OF ENGAGING IN PROSTITUTION

2C:34-1.1. Loitering for the Purpose of Engaging in Prostitution. It’s a disorderly persons offense to wander, remain or prowl about for the purpose of engaging in prostitution. Such illegal conduct includes repeatedly stopping cars or pedestrians in a public place.

OBSCENITY

2C:34-2. Obscenity. It’s a crime in New Jersey to sell or display any obscene material to anyone unless the municipality where it occurs specifically permits the sale or display. While the statute attempts to define what is considered obscenity in 2C:34-2a(1), there is a lot of room for argument and interpretation. Depending upon the circumstances a defendant charged with violating the obscenity laws may have a valid legal argument that he was practicing free speech.

DISEASED PERSON COMMITTING AN ACT OF SEXUAL PENETRATION

2C:34-5. Diseased Person Committing an Act of Sexual Penetration. If a person is knowingly inflicted with an STD such as gonorrhea, syphilis, or herpes it is a 4th degree crime to engage in sexual penetration which includes oral sex without first telling the other person. Under 2C:34-5b if the person knows they have HIV or AIDS and they fail to tell the other person, then it’s a crime of the 3rd degree.

If you are charged with public indecency you should consider hiring a criminal lawyer to ensure the best outcome to your case.

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