New Jersey statute
N.J.S.A. 2C:34-2 — Obscenity for persons 18 years of age or older
Current through P.L.2025, c.346, and J.R.22
Part of Chapter 34, New Jersey Statutes.
Criminal charges under this statute
Full text of N.J.S.A. 2C:34-2
Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.
2C:34-2. Obscenity for Persons 18 Years of Age or Older.
a. Definitions for purpose of this section:
(1) "Obscene material" means any description, narrative account, display, or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance, or film, which by means of posing, composition, format or animated sensual details:
(a) Depicts or describes in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or lewd exhibition of the genitals,
(b) Lacks serious literary, artistic, political, or scientific value, when taken as a whole, and
(c) Is a part of a work, which to the average person applying contemporary community standards, has a dominant theme taken as a whole, which appeals to the prurient interest.
(2) "Exhibit" means the sale of admission to view obscene material.
b. A person who sells, distributes, rents or exhibits obscene material to a person 18 years of age or older commits a crime of the fourth degree. Sale of obscene material shall be deemed to include any form of transaction which results in the admission to a display or depiction of obscene material or temporary or permanent access to any obscene material.
Nothing contained herein or in section 3 of P.L.1995, c.230 (C.2C:34-7) shall be construed to prohibit a municipality from adopting as a part of its zoning ordinances an ordinance permitting the sale, distribution, rental or exhibition of obscene material in which event such sale, distribution, rental or exhibition shall be deemed legal.
L.1978, c.95; amended 1982,c.211; 1989,c.54,s.1; 1995,c.230,s.1.
Official sources
Legal terms used in this section
Questions this section answers
What degree of offense is obscenity for persons 18 years of age or older in New Jersey?
Obscenity for persons 18 years of age or older is a crime of the fourth degree in New Jersey under N.J.S.A. 2C:34-2.
Which New Jersey statute covers obscenity for persons 18 years of age or older?
Obscenity for persons 18 years of age or older is governed by N.J.S.A. 2C:34-2 (Obscenity for persons 18 years of age or older).
This reference is informational and is not legal advice.