Defending NJ 2C:33-2.1. Loitering.
After you read the following NJ Criminal Statute (Loitering) you may decide that you need the help of a lawyer, or need a legal interpretation of how this statute applies to your case. The firm of Villani & DeLuca has experienced criminal lawyers with over 20 years of experience, including a former municipal prosecutor. Call the number above for a free 24×7 phone consultation or read more about the disorderly conduct charge and how it relates to public order offenses in New Jersey.
Loitering Charges Explained
In general, loitering law refers to wandering, circling, prowling, or remaining in a public place with the intent to buy or sell a controlled dangerous substance. The behavior may occur on foot, on a bike or even in an automobile. A public place can be a public highway, street, alley, sidewalk, park or shopping area. It may also extend to a building or grounds open to the public, such as a school, recreation area, or amusement park. Property owners and managers often post a no loitering sign or no trespassing sign at entrances to private property and restricted areas as a warning sign to deter unauthorized persons from lingering on the premises.
Loitering charges can also arise on school grounds, near public transportation hubs, or around facilities where law enforcement regularly monitors illegal activity. The goal of these laws is to preserve public order and discourage behaviors that may disrupt community safety. A clearly displayed no loitering sign serves as a legal notice that loitering is prohibited in a designated area, and violators will be prosecuted or subject to removal from the property.
How the Prosecutor May Convict You
The loitering statute describes ways in which the prosecutor can prove the element of intent since it is rather difficult to do without any guidelines. The prosecutor may prove intent to buy or sell controlled dangerous substances by pointing to a few types of actions, such as: (1) repeated beckoning to or stopping pedestrians or motorists in a public place; (2) repeatedly passing objects or receiving objects from pedestrians or motorists in a public place; or (3) repeatedly circling in a public place and, on one or more occasions, giving or receiving an object from a pedestrian or motorist.
In some cases, law enforcement officers may testify based on surveillance or prior arrests in the same location to establish probable cause. However, the Supreme Court of New Jersey has emphasized that prosecutors must prove beyond reasonable doubt that the conduct was connected to unlawful drug activity.
How You Can Defend Against Loitering Charges in NJ
Since the intent of the statute is to deter the trafficking of controlled dangerous substances, raising the defense that you were not engaged in that sort of activity may work. Of course, you would have to prove that the items being exchanged were not controlled dangerous substances or any type of drug.
Presenting witness testimony or other evidence can demonstrate that your actions were lawful, for example, showing you were waiting for transportation or standing near school grounds or public buildings for legitimate reasons. You can also argue that the location was not a “public” place as defined by the statute. An experienced attorney can challenge the prosecution's interpretation of loitering law and seek to have your charges reduced or dismissed.
Penalties You Could Face for a Conviction
If you are charged with loitering, you may also be charged and convicted with possession of CDS or drug paraphernalia. For the loitering charge alone, you could face a fine of up to $500, possible jail time, community service and even restitution if your loitering caused any property damage. A conviction may also appear on your record and affect future employment, particularly in cases involving school grounds or other public order violations.
Call Villani & DeLuca, P.C. today for help from an experienced New Jersey criminal defense attorney who understands howlaw enforcement and the courts handle loitering law violations.
NJ Statute: 2C:33-2.1. “Public place” defined; loitering to obtain or distribute CDS is a disorderly persons offense.
a. As used in this section: “Public place” means any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library, school grounds, or any other public building or grounds, structure, or area.
b. A person, whether on foot or in a motor vehicle, commits a disorderly persons offense if (1) he wanders, remains or prowls in a public place with the purpose of unlawfully obtaining or distributing a controlled dangerous substance or controlled substance analog; and (2) engages in conduct that, under the circumstances, manifests a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog.
c. Conduct that may, where warranted under the circumstances, be deemed adequate to manifest a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog includes, but is not limited to, conduct such as the following:
(1) Repeatedly beckoning to or stopping pedestrians or motorists in a public place;
(2) Repeatedly passing objects to or receiving objects from pedestrians or motorists in a public place;
(3) Repeatedly circling in a public place in a motor vehicle and on one or more occasions passing any object to or receiving any object from a person in a public place.
d. The element of the offense described in paragraph (1) of subsection b. of this section may not be established solely by proof that the actor engaged in the conduct that is used to satisfy the element described in paragraph (2) of subsection b. of this section.
L.1991,c.383.
AKA: NJ Criminal Charge 2C:33-2.1, Violation 2C:33-2.1, Offense 2C:33-2.1
Disclaimer: A copy of this statute has been provided for your information. This wording was current from the NJ website lis.njleg.state.nj.us as of August 2012.