Legal Question in Criminal Law in New Jersey
n.j.s.a. 2c:33-2b
is this charge unconstitutional under, state in the interest of h.d., 206 n.j. super. 58,61 (app. div.1985) ?
2 Answers from Attorneys
Re: n.j.s.a. 2c:33-2b
Pretty much:
State v. Duncan, 376 N.J. Super. 253, 261 n.3 (App. Div. 2005) (noting that N.J.S.A. 2C:33-2b, which was enacted to punish profane speech, has been declared unconstitutional for overbreadth); Byrd v. Manning, 253 N.J. Super. 307, 312 (App. Div.) (same), certif. denied, 130 N.J. 18 (1992).
Re: n.j.s.a. 2c:33-2b
The statute is not unconstitutional, just certain applications of the statute where the person speaking in an offense manner does not appear to have the intent to harass do not contitute harassment. You need an attorney because you need someone who is used to interpreting court legal
opinions and applying them with precision.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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