The Jersey Lawyer

Police throughout the state have been expressing concerns lately that the “flash mob” phenomenon is hitting New Jersey.  Flash mobs form when teenagers use social media, usually facebook, twitter, and text messages, to communicate with one another in order to come together at a specific time and place in order to perform some pre-arranged action.   Most of the time, the action being performed by the flash mob is harmless; however, residents in New Jersey towns where flash mobs have been appearing have expressed concerns and police have vowed to take action.  The concern for residents and business owners is that the flash mobs often create a major disturbance based on the number of teenagers that show up.  For example, a flash mob that formed in downtown South Orange last week consisted of about 500 individuals.   Because the activities of flash mobs do not usually involve illegal activities, police have been finding it difficult to deal with the gatherings; however, police in many New Jersey towns have vowed to set up special task forces to deal with flash mob activity.  Anyone charged with a criminal offense or ordinance violation as a result of participating in a flash mob should contact a New Jersey criminal defense lawyer for representation.

Often, the individuals involved in flash mobs are charged with disorderly conduct under N.J.S. 2C:33-2.  Under that statute: ”A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he (1) Engages in fighting or threatening, or in violent or tumultuous behavior; or (2) Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.  (b) A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.”

Another common charge in cases of flash mobs is a charge for obstructing public passages under N.J.S. 2C:33-7, which provides that:  “a. A person, who, having no legal privilege to do so, purposely or recklessly obstructs any highway or other public passage whether alone or with others, commits a petty disorderly persons offense. ‘Obstructs’ means renders impassable without unreasonable inconvenience or hazard. No person shall be deemed guilty of recklessly obstructing in violation of this subsection solely because of a gathering of persons to hear him speak or otherwise communicate, or solely because of being a member of such a gathering. b. A person in a gathering commits a petty disorderly persons offense if he refuses to obey a reasonable official request or order to move: (1) To prevent obstruction of a highway or other public passage; or (2) To maintain public safety by dispersing those gathered in dangerous proximity to a fire or other hazard.”  Also common are charges under local municipal loitering, disorderly conduct, or noise ordinances. 

More recently, in places like Philadelphia and Boston, police have been alleging that these flash mobs have been turning violent.  Therefore, much more serious charges have been levied against participants, such as rioting charges or aggravated assault charges.  In New Jersey, rioting charges under N.J.S. 2C:33-1 can be brought if five or more people engage in a course of disorderly conduct with the purpose to: (1) commit or facilitate the commission of a crime; (2) With purpose to prevent or coerce official action; or (3) When he or any other participant, known to him, uses or plans to use a firearm or other deadly weapon.  Rioting is a fourth degree crime in New Jersey, unless the participants use or plan to use a firearm or other weapon, in which case it is a third degree crime.   These are serious charges that carry prison sentences up to five years.

Anyone charged with offenses related to a flash mob should be aware that they have a constitutional right to be in any public place in this State as long as they are not breaking any laws.  In fact, many municipal loitering ordinances can be challenged on constitutional grounds.  Therefore, anyone charged with any criminal offense or ordinance violation for conduct related to flash mob activity should contact a New Jersey criminal defense lawyer for assistance and representation.  Needless to say, it is very important for anyone charged with more serious criminal offenses related to flash mob activity, such as rioting, assault, or aggravated assault to also contact a New Jersey criminal defense lawyer for representation.