If someone is charged with 2C:34-1. Prostitution and Related Offenses, they can hire an attorney and the attorney can file a motion to participate in the Conditional Dismissal program.
(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)Knowingly 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 as a patron;
(2)The actor promotes prostitution;
(3)The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable;
(4)The actor knowingly promotes prostitution of the actor's child, ward, or any other person for whose care the actor is responsible;
(5)The actor compels another to engage in or promote prostitution;
(6)The actor promotes prostitution of the actor's spouse;
(7)The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable; or
(8) The actor engages in prostitution by personally offering sexual activity in exchange for something of economic value.
c.Grading of offenses under subsection b.
(1)An offense under subsection b. constitutes a crime of the first degree if the offense falls within paragraph (3) or (4) of that subsection.
(2)An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (7) of that subsection.
(3)An offense under subsection b. constitutes a crime of the third degree if the offense falls within paragraph (5) or (6) of that subsection.
(4)An offense under paragraph (2) of subsection b. constitutes a crime of the third degree if the conduct falls within subparagraph (a), (b), (c), (f), or (g) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree.
(5)An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (1) of that subsection except that a second or third conviction for such an offense constitutes a crime of the fourth degree, and a fourth or subsequent conviction for such an offense constitutes a crime of the third degree. In addition, where a motor vehicle was used in the commission of any offense under paragraph (1) of subsection b. the court shall suspend for six months the driving privilege of any such offender who has a valid driver's license issued by this State. Upon conviction, the court shall immediately collect the offender's driver's license and shall forward it, along with a report stating the first and last day of the suspension imposed pursuant to this paragraph, to the New Jersey Motor Vehicle Commission.
(6)An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (8) of that subsection, except that a second or subsequent conviction for such an offense constitutes a crime of the fourth degree.
d.Presumption from living off prostitutes. A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution.
e.It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or compelled by another to engage in sexual activity, regardless of the defendant's age.
f. (1) Any fine set forth in N.J.S.2C:43-3 that is imposed upon a person by a municipal court for a conviction of a disorderly persons offense under this section shall be collected, notwithstanding the procedures for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), by the municipal court administrator and paid into the municipal treasury of the municipality in which the offense was committed.
(2)In addition to any fine, fee, assessment, or penalty authorized under the provisions of Title 2C of the New Jersey Statutes, a person convicted of an offense of prostitution or related offense under paragraph (2), (3), (4), (5), (6), or (7) of subsection b. shall be assessed a penalty of at least $10,000 but not more than $50,000, except if the offense involved promotion of the prostitution of a child under the age of 18, the penalty shall be at least $25,000. All penalties provided for in this subsection, collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), shall be forwarded to the Department of the Treasury to be deposited in the "Human Trafficking Survivor's Assistance Fund" established by section 2 of P.L.2013, c.51 (C.52:17B-238).
amended 1991, c.211; 1997, c.93, s.1; 1999, c.9; 2005, c.77, s.2; 2011, c.195, s.6; 2013, c.51, s.9. 2C:34-1.1 Loitering for the purpose of engaging in prostitution3. Loitering for the purpose of engaging in prostitution. a. As used in this section, "public place" means any place to which the public has access, including but not limited to any public street, sidewalk, bridge, alley, plaza, park, boardwalk, driveway, parking lot or transportation facility, public library or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place.
b. A person commits a disorderly persons offense if he:
(1) wanders, remains or prowls in a public place with the purpose of engaging in prostitution or promoting prostitution as defined in N.J.S.2C:34-1; and
(2) engages in conduct that, under the circumstances, manifests a purpose to engage in prostitution or promoting prostitution as defined in N.J.S.2C:34-1.
c. Conduct that may, where warranted under the circumstances, be deemed adequate to manifest a purpose to engage in prostitution or promoting prostitution includes, but is not limited to, conduct such as the following:
(1) Repeatedly beckoning to or stopping pedestrians or motorists in a public place;
(2) Repeatedly attempting to stop, or repeatedly attempting to engage passers-by in conversation;
(3) Repeatedly stopping or attempting to stop motor vehicles.
d. The element described in paragraph (1) of subsection b. of this section may not be established solely by proof that the actor engaged in the conduct that is used to satisfy the element described in paragraph (2) of subsection b. of this section.
L.1997,c.93,s.3.
New
law finally establishes a Conditional Dismissal of First offender criminal charges in
Municipal Court. Ken Vercammen testified in favor of
the passage before the Assembly Judiciary Committee.
Governor
Chris Christie on September 9 signed into law legislation co-sponsored by
Senator Christopher “Kip” Bateman (R-Hunterdon, Mercer, Middlesex and Somerset)
to provide a conditional assistance program in Municipal Court for certain
first-time offenders. The law takes affect 120 days after signing.
“This
initiative will give a broader range of first-time offenders who have committed
a minor offense an opportunity to turn their lives around,” Bateman said. “The
program will help foster participants’ rehabilitation and future success by
giving them appropriate penalties without having the offense be a part of their
permanent criminal record.” This law also helps Police and Prosecutors since it
requires a guilty plea, thus reducing the need for trials and officer
testimony.
Under
prior law, the only offenses eligible for a conditional discharge were certain
drug-related offenses. Bateman’s S-2588 allows discharge for many non-drug
offenses, such as disorderly person’s offenses, which have not been able to
participate in similar programs before.
“First-time
offenders who are screened to meet the eligibility requirements will be able to
use the program to avoid having a record that cannot be expunged until years
after the sentence is served,” Bateman added. “The legislation will also help
courts efficiently adjudicate cases without costly logjams.”
Under
this law, conditional dismissal is not available to any person who has
previously participated in a conditional discharge, conditional dismissal, or
supervisory treatment program such as PTI. In addition, a person is not
eligible for conditional dismissal if the offense for which the person is
charged involved:
•
organized criminal or gang activity;
•
a continuing criminal business or enterprise;
•
a breach of the public trust by a public officer or
employee;
•
domestic violence;
•
an offense against an elderly, disabled or minor person;
•
an offense involving driving or operating a motor vehicle
while under the influence of alcohol, intoxicating liquor, narcotic,
hallucinogenic or habit-producing drug;
•
animal cruelty;
•
or any disorderly persons offense or petty disorderly
persons offense under chapter 35 or 36 of the Criminal Code. [Although first
offender drug defendants are eligible for Conditional Discharge]
After taking
into consideration the eligibility criteria, the defendant’s criminal history
and the prosecutor’s recommendation, the court may, approve the defendant’s
participation in the conditional dismissal program and place the defendant
under a probation monitoring status for a period of one year.
This law establishes a
conditional dismissal program in municipal court similar to the existing
supervisory treatment programs for pre-trial intervention and conditional
discharge.
Previously, the supervisory
treatment programs for pre-trial intervention and conditional discharge allow
the court to suspend proceedings against eligible defendants while the
defendants participate in supervisory treatment. Persons who are charged
with indictable offenses (crimes of the first, second, third, or fourth degree)
may be eligible for pretrial intervention (“PTI”) pursuant to N.J.S.2C:43-12 et
seq. Persons charged with certain disorderly persons or petty disorderly
persons drug offenses may be eligible for conditional discharge pursuant to
N.J.S.2C:36A-1. If the defendant violates a term or condition of
supervisory treatment, the court may enter a judgment of conviction or, where
the defendant did not previously plead guilty and was not previously found
guilty, resume the criminal proceedings. If the defendant successfully completes
the program, the criminal charges are dismissed.
CONDITIONAL DISMISSAL
PROGRAM. This law establishes a similar diversion program in municipal court to
be known as the conditional dismissal program. Under the provisions of
the law, a defendant who is charged with a petty disorderly persons offense or
disorderly persons offense may apply to enter into the conditional dismissal
program, provided the defendant has not been previously convicted of any
offense or crime under any law of the United States, this State or any other
state. A defendant may make an application to the conditional dismissal
program after a plea of guilty or a finding of guilt, but prior to the entry of
judgment of conviction.
FINGERPRINTING
REQUIREMENT. To allow sufficient time for verification of the defendant’s
criminal history by the prosecutor and as a condition of the application, the
defendant will be required to submit to the fingerprint identification
procedures as provided in R.S.53:1-15 before making an application to the
court.
CONDITIONAL
DISMISSAL PROGRAM ELIGIBILITY. Conditional dismissal will not be available to
any person who has previously participated in conditional discharge,
conditional dismissal, or PTI. In addition, conditional dismissal will
not be available if the offense for which the person is charged involved:
organized criminal or gang activity; a continuing criminal business or
enterprise; a breach of the public trust by a public officer or employee;
domestic violence; an offense against an elderly, disabled or minor person; an
offense involving driving or operating a motor vehicle while under the
influence of alcohol, intoxicating liquor, narcotic, hallucinogenic or
habit-producing drug; animal cruelty laws; or any disorderly persons offense or
petty disorderly persons offense under chapter 35 or 36 of the Criminal Code
(drugs and drug paraphernalia). However, a person who is charged with a
disorderly persons or petty disorderly persons offense involving drugs or drug
paraphernalia may apply for a conditional discharge in accordance with
N.J.S.2C:36A-1.
In addition to these
eligibility criteria, the court considering the application must also consider
the following factors: the nature and circumstances of the offense; the facts surrounding
the commission of the offense; the motivation, age, character and attitude of
the defendant; the desire of the complainant or victim to forego prosecution;
the needs and interests of the victim and the community; the extent to which
the defendant’s offense constitutes part of a continuing pattern of anti-social
behavior; whether the offense is of an assaultive or violent nature, either in
the act itself or in the possible injurious consequences of such behavior;
whether the applicant's participation will adversely affect the prosecution of
codefendants; whether diversion of the defendant from prosecution is consistent
with the public interest; and any other factors deemed relevant by the court.
If the court approves a
defendant’s participation in the conditional dismissal program over the
municipal prosecutor’s objection, that order will, upon the request of the
prosecutor, be stayed for a period of 10 days in order to permit the prosecutor
to appeal the order to the Superior Court.
PROGRAM REQUIREMENTS.
After taking into consideration the eligibility criteria, the defendant’s
criminal history and the prosecutor’s recommendation, the court may approve the
defendant’s participation in the conditional dismissal program and place the defendant under a probation monitoring
status for a period of one year. The court may also impose financial
obligations and other terms and conditions in accordance with the law.
The law permits the defendant to apply to the court for an extension of the
term of conditional dismissal to allow sufficient time to pay financial
obligations imposed by the court. In addition, a judge could extend the
term for good cause.
If a defendant who is
participating in conditional dismissal is convicted of any offense or crime under
any law of the United States, this State or any other state, or otherwise fails
to comply with the terms and conditions imposed by the court, the court can
enter a judgment of conviction and impose a fine, penalty, or other assessment
in accordance with the defendant’s prior plea of guilty or prior finding of
guilt.
If, at the end of the term,
the defendant has not been convicted of any subsequent offense or crime under
any law of the United States, this State or any other state, and has complied
with any other terms and conditions imposed by the court, the court may
terminate the probation monitoring and dismiss the proceedings against the
defendant.
The law provides that a
conditional dismissal of a petty disorderly persons or disorderly persons
offense granted pursuant to the program will not be deemed a conviction for
purposes of disqualifications or disabilities, but shall be reported to the
State Bureau of Identification criminal history record information files for
purposes of determining future eligibility or exclusion from court diversion
programs. A conditional dismissal granted will not be deemed a conviction
for the purposes of determining whether a second or subsequent offense has
occurred under any law of this State.
LIMITATION. A
conditional dismissal can only be granted once with respect to any defendant.
CONDITIONAL DISMISSAL
APPLICATION FEE AND ASSESSMENT. A person applying for admission to the
conditional dismissal program will pay to the court an application fee of
$75. The fee would be deposited in the newly created “Municipal Court
Diversion Fund” established under the law. Monies in this new fund will be used
to offset the cost of intake and monitoring services related to the conditional
dismissal program. If admitted into the program, the defendant would also
be required to pay any restitution, costs, and other mandatory assessments that
would have been imposed by law for a conviction of the offense charged.
A municipal court judge may
impose an assessment, based on the nature of the offense and the character of
the defendant that shall not exceed the amount of a fine that would have been
imposed for conviction of the offense charged. Such assessment would be
distributed in the same manner as a fine for the offense.
A defendant would be advised
of these financial conditions prior to seeking entry into the program.
The law allows the defendant
to apply for a waiver of the fee by reason of poverty. The court may also
permit the defendant to pay the conditional dismissal fee and other assessments
in installments or order other alternatives pursuant to section 1 of P.L.2009,
c.317 (C.2B:12-23.1). Under the provisions of that enactment, the court
has several options available if it finds that a person does not have the
ability to pay a penalty in full or has failed to pay a previously imposed
penalty. The court may reduce, suspend, or modify the installment plan;
order that credit be given against the amount owed for each day of confinement
if the court finds that the person has served jail time for the default; revoke
any unpaid portion of the penalty; order the person to perform community
service in lieu of payment of the penalty; or impose any other alternative
permitted by law.
MUNICIPAL COURT DIVERSION
FUND. The law establishes a new dedicated, non-lapsing fund to be
known as the "Municipal Court Diversion Fund," which will be
administered by the Administrative Office of the Courts. The fund will be
the depository of the $75 application fee for the conditional dismissal
program. Monies in the fund will be used to offset the cost of intake and
monitoring services for defendants under the conditional dismissal program.
CONDITIONAL DISCHARGE.
Currently, the conditional discharge statute, N.J.S.2C:36A-1, provides that the
$75 fee, which is charged for this program, is used to defray the costs of
juror compensation. However, this provision is outdated since these monies are
no longer used to defray the costs of juror compensation, but instead are paid
to the State Treasurer to for deposit in the General Fund. This law updates
this section of law accordingly.
Under the current provisions
of the conditional discharge statute, a person is not eligible for conditional
discharge if that person has committed a disorderly persons or petty disorderly
persons drug offense under any law of the United States, this State or any
other state. The law amends section a. of N.J.S.2C:36A-1 to also provide that a
person who has participated in any supervisory treatment program or the
conditional dismissal program established under the law will not be eligible
for participation in the conditional discharge program.
SUPERVISORY TREATMENT
(PTI). Similar to the conditional discharge statute, the PTI statute,
N.J.S.2C:43-12, provides that the $75 fee charged for the program is used to
defray the costs of juror compensation. Since these monies are no longer used
to defray the costs of juror compensation, the law updates this section of law
accordingly.
Under the current provisions
of N.J.S.2C:43-12, PTI may only occur once and any person who has previously
received PTI is not eligible for subsequent PTI. This law expands this
provision by providing that a person who has participated in either conditional
dismissal or conditional discharge will not be eligible for PTI.
The law amends the
conditional discharge and PTI statutes to provide that the court may allow the
payment of the fees and other financial obligations in installments.
EXPUNGEMENT. The law amends
N.J.S.2C:52-6 concerning expungement of arrests not resulting in conviction to
allow for expungement of charges dismissed pursuant to conditional discharge or
conditional dismissal six months after the entry of the order of dismissal.
Currently, this section allows for expungement for a person who has had charges
dismissed as a result of participation in a supervisory treatment program.
(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)Knowingly 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 as a patron;(2)The actor promotes prostitution;(3)The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable;(4)The actor knowingly promotes prostitution of the actor's child, ward, or any other person for whose care the actor is responsible;(5)The actor compels another to engage in or promote prostitution;(6)The actor promotes prostitution of the actor's spouse;(7)The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable; or(8) The actor engages in prostitution by personally offering sexual activity in exchange for something of economic value.c.Grading of offenses under subsection b.(1)An offense under subsection b. constitutes a crime of the first degree if the offense falls within paragraph (3) or (4) of that subsection.(2)An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (7) of that subsection.(3)An offense under subsection b. constitutes a crime of the third degree if the offense falls within paragraph (5) or (6) of that subsection.(4)An offense under paragraph (2) of subsection b. constitutes a crime of the third degree if the conduct falls within subparagraph (a), (b), (c), (f), or (g) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree.(5)An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (1) of that subsection except that a second or third conviction for such an offense constitutes a crime of the fourth degree, and a fourth or subsequent conviction for such an offense constitutes a crime of the third degree. In addition, where a motor vehicle was used in the commission of any offense under paragraph (1) of subsection b. the court shall suspend for six months the driving privilege of any such offender who has a valid driver's license issued by this State. Upon conviction, the court shall immediately collect the offender's driver's license and shall forward it, along with a report stating the first and last day of the suspension imposed pursuant to this paragraph, to the New Jersey Motor Vehicle Commission.(6)An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (8) of that subsection, except that a second or subsequent conviction for such an offense constitutes a crime of the fourth degree.d.Presumption from living off prostitutes. A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution.e.It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or compelled by another to engage in sexual activity, regardless of the defendant's age.f. (1) Any fine set forth in N.J.S.2C:43-3 that is imposed upon a person by a municipal court for a conviction of a disorderly persons offense under this section shall be collected, notwithstanding the procedures for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), by the municipal court administrator and paid into the municipal treasury of the municipality in which the offense was committed.(2)In addition to any fine, fee, assessment, or penalty authorized under the provisions of Title 2C of the New Jersey Statutes, a person convicted of an offense of prostitution or related offense under paragraph (2), (3), (4), (5), (6), or (7) of subsection b. shall be assessed a penalty of at least $10,000 but not more than $50,000, except if the offense involved promotion of the prostitution of a child under the age of 18, the penalty shall be at least $25,000. All penalties provided for in this subsection, collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), shall be forwarded to the Department of the Treasury to be deposited in the "Human Trafficking Survivor's Assistance Fund" established by section 2 of P.L.2013, c.51 (C.52:17B-238).amended 1991, c.211; 1997, c.93, s.1; 1999, c.9; 2005, c.77, s.2; 2011, c.195, s.6; 2013, c.51, s.9. 2C:34-1.1 Loitering for the purpose of engaging in prostitution3. Loitering for the purpose of engaging in prostitution. a. As used in this section, "public place" means any place to which the public has access, including but not limited to any public street, sidewalk, bridge, alley, plaza, park, boardwalk, driveway, parking lot or transportation facility, public library or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place.b. A person commits a disorderly persons offense if he:(1) wanders, remains or prowls in a public place with the purpose of engaging in prostitution or promoting prostitution as defined in N.J.S.2C:34-1; and(2) engages in conduct that, under the circumstances, manifests a purpose to engage in prostitution or promoting prostitution as defined in N.J.S.2C:34-1.c. Conduct that may, where warranted under the circumstances, be deemed adequate to manifest a purpose to engage in prostitution or promoting prostitution includes, but is not limited to, conduct such as the following:(1) Repeatedly beckoning to or stopping pedestrians or motorists in a public place;(2) Repeatedly attempting to stop, or repeatedly attempting to engage passers-by in conversation;(3) Repeatedly stopping or attempting to stop motor vehicles.d. The element described in paragraph (1) of subsection b. of this section may not be established solely by proof that the actor engaged in the conduct that is used to satisfy the element described in paragraph (2) of subsection b. of this section.L.1997,c.93,s.3. 