a. As used in this section:
"Public place" means any place to which the public
has access, including but not limited to a public street, road, thoroughfare,
sidewalk, bridge, alley, plaza, park, recreation or shopping area, public
transportation facility, vehicle used for public transportation, parking lot,
public library or any other public building, structure or area.
b. A person,
whether on foot or in a motor vehicle, commits a disorderly persons offense if
(1) he wanders, remains or prowls in a public place with the purpose of
unlawfully obtaining or distributing a controlled dangerous substance or
controlled substance analog; and (2) engages in conduct that, under the
circumstances, manifests a purpose to obtain or distribute a controlled
dangerous substance or controlled substance analog.
c. Conduct that may, where warranted under the
circumstances, be deemed adequate to manifest a purpose to obtain or distribute
a controlled dangerous substance or controlled substance analog 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 passing objects
to or receiving objects from pedestrians or motorists in a public place;
(3) Repeatedly circling in a
public place in a motor vehicle and on one or more occasions passing any object
to or receiving any object from a person in a public place.
d. The element of the offense 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.1991, c.383.
