SENATE, No. 1076
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 4, 2010
Senator ANTHONY R. BUCCO
District 25 (Morris)
Clarifies that using motor vehicle to publicly display obscene material is fourth degree crime.
CURRENT VERSION OF TEXT
An Act concerning the communication of obscene material and amending N.J.S.2C:34-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:34-4 is amended to read as follows:
a. "Publicly communicate" means to display, post, exhibit, give away or vocalize material in such a way that its character and content may be readily and distinctly perceived by the public by normal unaided vision or hearing when viewing or hearing it in, on or from a public street, road, thoroughfare, recreation or shopping center or area, public transportation facility or vehicle used for public transportation.
b. A person who knowingly publicly communicates obscene material, as defined in [section] N.J.S.2C:34-3, or causes or permits it to be publicly communicated on property he owns or leases or operates, or in or on a motor vehicle he owns or leases or operates, is guilty of a crime of the fourth degree.
c. Public communication of obscene material shall constitute presumptive evidence that the defendant made the communication or caused or permitted it to be made knowingly.
2. This act shall take effect immediately.
This bill amends current law to clarify that a person commits a crime of the fourth degree if he publicly displays obscene material in or on a motor vehicle that he owns, operates or leases. The bill's provisions would be applicable to, for example, the viewing of obscene material on a DVD player in a motor vehicle if that material is visible to persons outside the motor vehicle.
The bill amends N.J.S.2C:34-4, which provides that a person who knowingly publicly communicates obscene material or causes or permits it to be publicly communicated on property he owns, leases or operates is guilty of a crime of the fourth degree.
Many persons are buying motor vehicles with DVD players, often to provide entertainment for children traveling in the vehicle. Recently, there have been a number of media reports concerning parents who complained that their children inadvertently viewed obscene material being displayed on a DVD player in a passing or nearby motor vehicle.
A crime of the fourth degree is punishable by a fine of up to $10,000, imprisonment for up to six months, or both.