2C:33-2. Disorderly Conduct. a. Improper behavior. Except as otherwise provided in subsection c. of this section, a person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person:
(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.
b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.
c. Concealing identity. A person who attempts to conceal or conceals the person's identity by wearing a mask or disguise while engaging in a course of disorderly conduct, as defined in subsection a. of this section, with purpose to instill fear, hinder prosecution, or avoid apprehension is guilty of a disorderly persons offense.
d Disturbance at a public gathering. A person who acts with purpose to disrupt or cause a disturbance at a public gathering or event or who engages in behavior knowing that it will disrupt or cause a disturbance at a public gathering or event is guilty of a disorderly persons offense. For purposes of this subsection, a person who wears a mask or disguise solely for medical, religious, or expressive purposes shall not be deemed to have acted with purpose to instill fear, hinder prosecution, or avoid apprehension.
"Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.
Notes of Decisions
Trafton v. City of Woodbury, 799 F. Supp. 2d 417 (D.N.J. 2011).
· cites it 3× “Eventually the handcuffs were removed and Plaintiff was charged with three offenses, (1) obstructing the administration of law, in violation of NJSA 2C:29-1, (2) disorderly conduct, in violation of NJSA 2C:33-2(a) and (3) resisting arrest, in violation of NJSA 2C:29-2.”
State v. Hoffman, 695 A.2d 236 (N.J. 1997).
· cites it 2× “The commentary to the Final Report states: Special provision for these private annoyances is required since Section 2C:33-2 (Disorderly Conduct) is limited to disturbance of some general impact [as opposed to impact on a particular individual].”
Palma v. Atl. Cnty., 53 F. Supp. 2d 743 (D.N.J. 1999).
· cites it 4× “Section 2C:33-2A provides, in relevant part: A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he (1) Engages in fighting or threatening, or in violent or tumultuous…”
Mantz v. Chain, 239 F. Supp. 2d 486 (D.N.J. 2002).
· cites it 2× “See N.J.S.A. § 2C:33-2(b) ("A person is guilty of a petty disorderly persons offense, if in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or…”
832 CORP. INC. v. Gloucester Tp., 404 F. Supp. 2d 614 (D.N.J. 2005).
· cites it 3× “17 See N.J.S.A. § 2C:33-2. Given that the overbreadth doctrine “has not been invoked when a limiting construction has been or could be placed on the challenged statute,” Broadrick, 413 U.”
United States v. Erick Garcia-Sandobal, 703 F.3d 1278 (11th Cir. 2013).
“§ 28-1322 (providing that “disturbing the peace” including any conduct that “disturb[s] the peace and quiet of any person”); N.J. Stat. Ann. § 2C:33-2 (providing that “disorderly conduct” includes “[c]reat[ing] a hazardous or physically dangerous condition by any act which…”
Davis v. Twp. of Paulsboro, 421 F. Supp. 2d 835 (D.N.J. 2006).
· cites it 2× “Thus, Plaintiffs' First Amendment claims are at least to some extent a back-door attack on the constitutionality of New Jersey's disorderly conduct statute, N.J. Stat. § 2C:33-2. We note, however, that the New Jersey Supreme Court has upheld the constitutionality of the statute.”
Demian Boroff v. N. Lynn, 643 F. App'x 130 (3rd Cir. 2016).
“Stadium personnel then brought Boroff across the hall to the New Jersey State Police office where he was processed, charged with disorderly conduct under N.J.S.A. 2C:33-2, and issued a summons. Two state troopers then attempted to escort Boroff out of the stadium.”
Wilkes v. Borough of Clayton, 696 F. Supp. 144 (D.N.J. 1988).
“39:4-97), and disorderly conduct (N.J.S.A. 2C:33-2(a)(2)). 1 While at the station, Ms.”
State v. Paserchia, 813 A.2d 556 (N.J. Super. Ct. App. Div. 2003).
· cites it 2× “THE MUNICIPAL ORDINANCE IS PRE-EMPTED BY N.J.S.A. 2C:33-2. A. The West Orange Ordinance 4-12.”
State of New Jersey v. Rodney J. Miles, 128 A.3d 700 (N.J. Super. Ct. App. Div. 2015).
“1 Prior to that proceeding, the disorderly persons offense of possession of a CDS was amended to the offense of loitering to possess marijuana, N.J.S.A. 2C:33-2(b)(1). The 2 A-2692-12T1 following colloquy took place between the judge and defendant: Q.”
— N.J. Stat. § 2C:33-2(a) — 13 cases
Trafton v. City of Woodbury, 799 F. Supp. 2d 417 (D.N.J. 2011).
“Eventually the handcuffs were removed and Plaintiff was charged with three offenses, (1) obstructing the administration of law, in violation of NJSA 2C:29-1, (2) disorderly conduct, in violation of NJSA 2C:33-2(a) and (3) resisting arrest, in violation of NJSA 2C:29-2.”
Palma v. Atl. Cnty., 53 F. Supp. 2d 743 (D.N.J. 1999).
“Section 2C:33-2A provides, in relevant part: A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he (1) Engages in fighting or threatening, or in violent or tumultuous…”
— N.J. Stat. § 2C:33-2(a)(1) — 20 cases
— N.J. Stat. § 2C:33-2(a)(2) — 10 cases
Palma v. Atl. Cnty., 53 F. Supp. 2d 743 (D.N.J. 1999).
“Section 2C:33-2A provides, in relevant part: A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he (1) Engages in fighting or threatening, or in violent or tumultuous…”
Wilkes v. Borough of Clayton, 696 F. Supp. 144 (D.N.J. 1988).
“39:4-97), and disorderly conduct (N.J.S.A. 2C:33-2(a)(2)). 1 While at the station, Ms.”
— N.J. Stat. § 2C:33-2(b) — 10 cases
Mantz v. Chain, 239 F. Supp. 2d 486 (D.N.J. 2002).
“See N.J.S.A. § 2C:33-2(b) ("A person is guilty of a petty disorderly persons offense, if in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or…”
— N.J. Stat. § 2C:33-2(b)(1) — 1 case
State of New Jersey v. Rodney J. Miles, 128 A.3d 700 (N.J. Super. Ct. App. Div. 2015).
“1 Prior to that proceeding, the disorderly persons offense of possession of a CDS was amended to the offense of loitering to possess marijuana, N.J.S.A. 2C:33-2(b)(1). The 2 A-2692-12T1 following colloquy took place between the judge and defendant: Q.”
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