BDSM and The Law

New Jersey

This is NOT legal advice.

If you live in New Jersey  ask your Legislator to change these laws

Lovers in Liberty Corner, New Jersey, should avoid satisfying their lustful urges in a parked car. If the horn accidentally sounds while they are frolicking behind the wheel, the couple can face a jail term.

Age of Consent in New Jershey  is 18

 “Obscene” means material that meets the following criteria:

(i) When examined in its totality, the material appeals to a prurient interest.

(ii) The material depicts or describes, in a patently offensive way, sexual conduct specifically defined by state law.

(iii) When examined in its totality, the material lacks serious literary, artistic, political, or scientific value.

   2C:34-2.Obscenity for persons 18 years of age or older 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. Amended 1982,c.211; 1989,c.54,s.1; 1995,c.230,s.1. 

  "Specified anatomical area" means: (a) Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or (b) Human male genitals in a discernibly turgid state, even if covered. (4) "Specified sexual activity" means: (a) Human genitals in a state of sexual stimulation or arousal; or (b) Any act of human masturbation, sexual intercourse or deviate sexual intercourse; or (c) Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast. (5) "Knowingly" means: (a) Having knowledge of the character and content of the material or film described herein; or (b) Having failed to exercise reasonable inspection which would disclose its character and content. (6) "Exhibit" means the sale of admission to view obscene material. (7) "Show" means cause or allow to be seen. b.Promoting obscene material.

 2C:34-3.2. Display of obscene material A municipality may enact an ordinance making it a petty disorderly persons offense for a retailer to display or permit to be displayed at his business premises any obscene material as defined in N.J.S. 2C:34-3, at a height of less than 5 feet or without a blinder or other covering placed or printed on the front of the material displayed. Any such ordinance shall contain a provision stating that public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display. P.L. 1988, c. 17, s. 2. 

2C:34-1.  Prostitution and Related Offenses.

     a.  As used in this section:

     (1)  "Prostitution" is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.

     (2)  "Sexual activity" includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations.

     (3)  "House of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.

     (4)  "Promoting prostitution" is (a)  Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;

(b)  Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;

     (c)  Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;

     (d)  Soliciting a person to patronize a prostitute;

     (e)  Procuring a prostitute for a patron;

     (f)  Transporting a person into or within this State with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or

     (g)  Leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means.

     b.  A person commits an offense if:

     (1)  The actor engages in prostitution;

     (2)  The actor promotes prostitution;