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NJ Loitering / Wandering Charge N.J.S.A. 2C:33-2.1

29
Mar
2010

by in Criminal Defense

Public place defined; loitering to obtain or distribute CDS is a disorderly persons offense (misdemeanor) in New Jersey, punishable by up to 6 months in jail and a $1000 fine.

Under the statute, “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 or any other public building, 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.

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