New Jersey Supreme Court Decision – Criminal Law

On May 8, 2024, the New Jersey Supreme Court decided State of New Jersey v. Andrew Higginbotham, 257 N.J. 260 (2024), which held that subsection (c) of N.J.S.A. 2C:24-4(b)(1), criminalizing depictions of children in a sexually suggestive manner, is unconstitutionally overbroad. The Court determined that this subsection violates the First Amendment because it covers material that is neither child pornography nor obscenity.

Facts of the New Jersey Supreme Court Decision

The case arose when defendant Andrew Higginbotham was charged with multiple counts of endangering the welfare of a child under subsection (c) of N.J.S.A. 2C:24-4(b)(1), which makes it a crime “to otherwise depict a child for the purpose of sexual stimulation or gratification of any person who may view the depiction where the depiction does not have serious literary, artistic, political, or scientific value.” The charges related to Higginbotham’s distribution of photographs of a young girl, over which he had superimposed sexually explicit text. The photographs showed the child clothed, but the added text was obscene. Higginbotham moved to dismiss the indictment, arguing that subsection (c) was unconstitutionally vague and overbroad. The trial court denied his motion, but the Appellate Division reversed, holding that the law was unconstitutionally overbroad because it criminalized images that were neither child pornography nor obscene.

Legal Issues Addressed by the New Jersey Supreme Court Decision

The primary legal issue centered on the question of whether subsection (c) of N.J.S.A. 2C:24-4(b)(1) was substantially overbroad in violation of the First Amendment to the United States Constitution. The New Jersey Supreme Court contrasted the statutory definition of child pornography under U.S. Supreme Court precedents, including New York v. Ferber, 458 U.S. 747 (1982), and Miller v. California, 413 U.S. 15 (1973). The Court found that unlike child pornography, which involves explicit sexual conduct or lewd exhibitions of a child’s genitals, subsection (c) of N.J.S.A. 2C:24-4(b)(1) did not require any such elements. Instead, it broadly prohibited images where any viewer might derive sexual gratification, criminalizing large swathes of material that were not inherently obscene or pornographic.

Reasoning Behind the New Jersey Supreme Court Decision

The New Jersey Supreme Court emphasized that a statute criminalizing speech must be carefully tailored. Subsection (c), in its broad language, extended to material that could include innocent images, such as children on a beach or at sporting events, provided someone viewed them for sexual purposes. The Court held that this expansive reach covered protected speech and was therefore unconstitutional overbroad.

Rejecting the State’s Arguments in the New Jersey Supreme Court Decision

The New Jersey Supreme Court rejected the State’s argument that limiting language from subsections (a) and (b) could be read into subsection (c) to save it. The Court reasoned that the statutory language clearly distinguished the subsections and that the Court could not rewrite plainly written legislation. The Court also dismissed claims that the statute was necessary to target “child erotica,” explaining that this was not a recognized category of unprotected speech under the First Amendment.

Conclusion: Key Takeaways from the New Jersey Supreme Court Decision

In conclusion, the New Jersey Supreme Court affirmed the Appellate Division’s ruling, holding that subsection (c) of N.J.S.A. 2C:24-4(b)(1) violates the First Amendment to the United States Constitution. Under the ruling. Higginbotham may still face prosecution under New Jersey’s obscenity laws, but not under this overbroad statute. This decision sets an important precedent limiting the reach of laws that criminalize depictions of children without clear connections to child pornography or obscenity, while reinforcing the importance of First

Amendment protections in criminal law.

Criminal law is complicated and constantly changing. If you are facing criminal charges, you should immediately contact our team of experienced former prosecutors to schedule a free case review with one of our expert criminal defense attorneys. A complete understanding of criminal law by your attorney is crucial to your defense. Your rights and freedoms are in jeopardy, and you owe it to yourself to act. We are available to provide immediate assistance and further counsel on your case at 862-315-7929
.

No aspect of this attorney advertisement has been approved by the Supreme Court of New Jersey.