Consequently, the cops charged him with disorderly conduct, contrary to NJSA 2c:33-2. Additionally, they charged him with resisting arrest and throwing bodily fluids at officers.
Disorderly Conduct, NJSA 2c:33-2
Under New Jersey law, a person commits a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he
- Engages in fighting or threatening, or in violent or tumultuous behavior; or
- Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.
Public means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.
Purposeful conduct is an integral part of the statute.1 Indeed, the State shoulders the burden to prove the defendant caused public inconvenience, public annoyance or public harm, or a reckless risk thereof, by fighting, threatening, violent or tumultuous conduct, or by creating a hazardous or physicallly dangerous condition by an act serving no legitimate purpose of the actor.2 Moreover, to prove the elements of public inconvenience of alarm, the State must present evidence that passers-by had noticed the defendant’s alleged conduct.3
1 State v. Paserchia, 356 N.J. Super. 461 (App. Div. 2003).
2 State v. Stampone, 341 N.J. Super. 247 (App. Div. 2001)
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