New jersey criminal charge
Maintaining a nuisance in New jersey
Maintaining a nuisance is a criminal offense under New jersey law, defined by N.J.S.A. 2C:33-12. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:33-12.
What is the penalty for maintaining a nuisance in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (no statutory minimum) (Maintaining a nuisance — subsections a. or b. — Applies when a person is convicted under subsection a. (creating/maintaining a condition endangering safety or health of a considerable number of persons) or subsection b. (conducting/maintaining premises where persons gather for unlawful conduct).; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Maintaining a nuisance — subsections a. or b. — Applies when a person is convicted under subsection a. (creating/maintaining a condition endangering safety or health of a considerable number of persons) or subsection b. (conducting/maintaining premises where persons gather for unlawful conduct).) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 18 months (no statutory minimum) (Maintaining a nuisance — subsection c. — Applies when a person is convicted under subsection c. (conducting/maintaining premises as a house of prostitution or for obscene material offenses).; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Maintaining a nuisance — subsection c. — Applies when a person is convicted under subsection c. (conducting/maintaining premises as a house of prostitution or for obscene material offenses).; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is maintaining a nuisance classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Maintaining a nuisance — subsections a. or b. | disorderly persons offense | Applies when a person is convicted under subsection a. (creating/maintaining a condition endangering safety or health of a considerable number of persons) or subsection b. (conducting/maintaining premises where persons gather for unlawful conduct). | N.J.S.A. 2C:33-12undefined |
| Maintaining a nuisance — subsection c. | crime of the fourth degree | Applies when a person is convicted under subsection c. (conducting/maintaining premises as a house of prostitution or for obscene material offenses). | N.J.S.A. 2C:33-12undefined |
Common questions about maintaining a nuisance in New jersey
What degree of offense is maintaining a nuisance in New Jersey?
It depends on the circumstances: maintaining a nuisance ranges from a disorderly persons offense to a crime of the fourth degree in New Jersey under N.J.S.A. 2C:33-12.
Maintaining a nuisance — subsections a. or b.: disorderly persons offense (N.J.S.A. 2C:33-12) · Maintaining a nuisance — subsection c.: crime of the fourth degree (N.J.S.A. 2C:33-12)
What are the penalties for maintaining a nuisance in New Jersey?
Which New Jersey statute covers maintaining a nuisance?
Maintaining a nuisance is governed by N.J.S.A. 2C:33-12 (Maintaining a nuisance).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.