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New Jersey

Identification

  • Acceptable Identification
    • New Jersey Motor Vehicle Commission (MVC) – 6 Points of ID Verification
    • The New Jersey Motor Vehicle Commission (MVC) issues state IDs and driver’s licenses, which are the most commonly used forms of identification.
    • To obtain a state ID or driver’s license, applicants must provide proof of identity under the 6 Points of ID Verification System.
    • Examples of acceptable identification include:
      • Primary Documents (4 Points Each):
        • Valid, unexpired U.S. Passport or Passport Card
        • U.S. or U.S. Territory Birth Certificate or Certified Copy filed with a state office of vital statistics or equivalent agency in the individual’s state of birth
        • U.S. Department of State Birth Certificate (Form FS-545, FS-240, or DS-1350)
        • U.S. Adoption Papers
        • Certificate of Naturalization (Form N-550, N-570, or N-578)
        • Certificate of Citizenship (Form N-560, N-561, or N-645)
      • Secondary Documents (1 to 3 Points Each):
        • Valid, unexpired U.S. Driver’s License
        • Valid, unexpired U.S. Military Photo ID Card
        • Valid, unexpired Foreign Passport with USCIS verification and a valid I-94
        • Current Alien Registration Card with expiration date and USCIS verification
        • Refugee Travel Document (Form I-571)
      • Note: Applicants must present documents totaling 6 points to verify their identity, along with proof of address and a Social Security number or Individual Taxpayer Identification Number (ITIN).
  • Acceptable Digital Identification
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • New Jersey Motor Vehicle Commission – 6 Points of ID Verification
    • Applicants must meet the 6 Points of ID Verification requirements, which include:
      • Proof of identity (birth certificate, passport).
      • Proof of Social Security Number (Social Security card, W-2 form).
      • Proof of New Jersey residency (utility bill, bank statement).
      • Non-citizens must provide proof of legal presence in the U.S. (green card, employment authorization document, or valid visa).
    • Since New Jersey has not yet implemented a Digital Driver’s License system, there are no specific requirements for acquiring a digital ID at this time.
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • New Jersey Motor Vehicle Commission – Driver’s License for All
    • NJ Alliance for Immigrants
    • Yes, undocumented individuals can obtain a standard driver’s license or state ID in New Jersey. As of May 1, 2021, under the Driver’s License for All law, undocumented residents can apply for a standard driver’s license or state ID.
    • Applicants must provide:
      • Proof of identity (foreign passport, consular ID).
      • Proof of New Jersey residency (utility bill, lease agreement).
      • Proof of Individual Taxpayer Identification Number (ITIN) or affidavit of ineligibility for a Social Security Number.
  • What privacy protections are in place for Digital Id’s in this state?
    • New Jersey Identity Theft Prevention Act
    • While New Jersey does not currently issue digital IDs, the state has privacy laws in place to protect personal information collected by government agencies.
    • Under the New Jersey Identity Theft Prevention Act, government agencies are prohibited from disclosing personally identifiable information without consent unless required by law.
  • Can Digital IDs be legally used for law enforcement verification?
    • N/A

Alcohol

  • Age permitted to Access Alcohol Retailers and Venues (How old do you have to be to enter a bar? Include Federal Law and State Law)
    • New Jersey Division of Alcoholic Beverage Control (ABC)
    • NJ Alcoholic Beverage Control Handbook
    • Federal Law:
      • Federal law does not explicitly regulate entering bars or alcohol-serving venues but sets the minimum drinking age at 21 years old under the National Minimum Drinking Age Act of 1984. States may impose additional restrictions.
    • New Jersey State Law:
      • There is no minimum age requirement to enter a bar or alcohol-serving establishment in New Jersey, except at the discretion of the venue owner or management.
      • Individuals under 21 years old are not permitted to purchase, possess, or consume alcohol on the premises.
  • Age permitted to consume Alcohol
    • N.J. Stat. § 9:17B-1
    • NJ Alcoholic Beverage Control Handbook
    • Federal Law:
      • Federal law prohibits alcohol consumption for individuals under 21 years old under the National Minimum Drinking Age Act of 1984.
    • New Jersey State Law:
      • The legal drinking age in New Jersey is 21 years old.
      • Individuals under 21 are prohibited from consuming alcohol in public or private settings, with limited exceptions.
  • Age permitted to serve Alcohol
  • Age permitted to purchase Alcohol
  • What is the consumable limit (if any)
  • What is the purchase limit (if any)
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • N.J. Stat. § 2C:33-15
    • Minors are allowed to consume alcohol in specific exceptions, such as:
      • Religious ceremonies: Alcohol consumption is permitted for minors as part of a religious observance (communion).
      • Parental supervision: Minors may consume alcohol in a private residence with the consent and supervision of a parent or guardian.
  • What are the penalties for providing alcohol to minors at a private residence?
    • N.J. Stat. § 2C:33-17
    • It is illegal to provide alcohol to minors in New Jersey, even in private residences, unless the minor is the child or legal ward of the individual providing the alcohol.
    • Penalties include:
      • Disorderly persons offense: Fines up to $1,000 and/or imprisonment for up to 6 months.
      • Civil liability: If a minor causes harm to themselves or others after consuming alcohol provided by an adult, the adult may face civil lawsuits.

Tobacco

  • Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
    • FDA Tobacco
    • N.J. Stat. § 2A:170-51.4
    • Federal Law:
      • Individuals must be 21 years old to purchase tobacco products in the United States. This law also prohibits anyone under 21 from entering certain tobacco-related venues, such as cigar shops or smoke shops, if they are not accompanied by an adult.
    • New Jersey State Law:
      • New Jersey law aligns with federal law and prohibits individuals under 21 years old from entering tobacco retailers or venues unless they are accompanied by a parent or guardian.
      • Smoking lounges or cigar shops may implement stricter policies, such as prohibiting entry entirely to individuals under 21, even if accompanied by an adult.
  • Age permitted to use Tobacco
    • N.J. Stat. § 2A:170-51.4
    • The legal age to use tobacco products (including traditional cigarettes and vaping devices) in New Jersey is 21 years old.
    • Using tobacco under the age of 21 is prohibited, and violators may face fines or community service requirements.
  • Age permitted to sell Tobacco
    • N.J. Stat. § 2A:170-51.4
    • Individuals must be at least 18 years old to sell tobacco products, including traditional cigarettes, cigars, and vaping products.
    • Employers are responsible for ensuring that employees under 21 do not sell or distribute tobacco products to customers.
  • Age permitted to purchase Tobacco
    • FDA Tobacco
    • N.J. Stat. § 2A:170-51.4
    • Federal Law:
      • The Tobacco 21 Law prohibits the sale of tobacco products to individuals under 21 years old in all states.
    • New Jersey State Law:
      • New Jersey enforces the federal age restriction, requiring individuals to be at least 21 years old to purchase tobacco products, including cigarettes, cigars, and vaping devices.
  • What is the consumable limit (if any)
    • New Jersey Smoke-Free Air Act
    • There is no specific consumable limit for tobacco products under federal or New Jersey state law.
    • Public smoking is restricted in certain areas under New Jersey’s Smoke-Free Air Act, which prohibits smoking in indoor public places, workplaces, and certain outdoor areas.
  • What is the purchase limit (if any)
    • N.J. Stat. § 54:40A-4
    • There is no explicit purchase limit for tobacco products under New Jersey law.
    • Retailers are prohibited from selling tobacco products in quantities that suggest resale without a proper license.
  • Are vaping products regulated differently from traditional tobacco in this state?
    • New Jersey Smoke-Free Air Act
    • N.J. Stat. § 2A:170-51.4
    • Yes, vaping products are regulated similarly to traditional tobacco but with additional restrictions:
    • Vaping products are subject to the same age restrictions (21 years old to purchase or use).
    • Retailers must obtain a separate license to sell vaping products.
    • Vaping is prohibited in all areas where smoking is banned under the Smoke-Free Air Act.
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA Flavored Vape Restrictions
    • FDA Tobacco
    • N.J. Stat. § 2A:170-51.9
    • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol. 
    • New Jersey has stricter regulations than federal law and has banned the sale of all flavored vaping products, including both closed-system and open-system devices.
    • The ban includes disposable e-cigarettes with flavors other than tobacco.

Cannabis

  • Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
    • New Jersey Cannabis Regulatory Commission – Adult Use Cannabis
    • Controlled Substances Act
    • Federal Law:
      • Cannabis remains illegal under federal law as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. § 812).
      • Federal law prohibits the possession, purchase, or sale of cannabis, even in states where it is legalized. However, states like New Jersey have legalized cannabis under state law for both medical and recreational use.
    • New Jersey State Law:
      • Under New Jersey law, individuals must be at least 21 years old to enter a recreational cannabis dispensary.
      • For medical cannabis dispensaries, individuals under 21 may enter if they are registered as medical cannabis patients or caregivers under the New Jersey Medicinal Cannabis Program (NJMCP).
  • Age permitted to use Cannabis
  • Age permitted to sell Cannabis
  • Age permitted to purchase Cannabis
  • What is the consumable limit (if any)
  • What is the purchase limit (if any)
  • Can minors obtain medical cannabis with a prescription?
    • New Jersey Medicinal Cannabis Program (NJMCP)
    • N.J. Stat. § 24:6I-3
    • Yes, minors can obtain medical cannabis in New Jersey.
    • Minors must:
      • Be registered as a medical cannabis patient under the New Jersey Medicinal Cannabis Program (NJMCP).
      • Have a physician’s recommendation for cannabis use to treat a qualifying condition.
      • Have a designated caregiver (usually a parent or guardian) who is responsible for purchasing and administering the medical cannabis.
      • Minors are not allowed to purchase or possess cannabis themselves; the caregiver must handle all transactions.

Adult Media

  • Age permitted to access Adult Content ONLINE
    • Title 18 U.S.C. § 1470
    • N.J. Stat. § 2C:34-3
    • Federal Law:
      • Federal law does not explicitly set an age limit for accessing adult content online but requires that minors (under 18 years old) are not exposed to obscene materials.
      • Under Title 18 U.S. Code § 1470, it is illegal to knowingly transfer or make obscene materials available to minors under 18.
    • New Jersey State Law:
      • New Jersey law aligns with federal law and prohibits the distribution of obscene materials to individuals under 18 years old.
      • Online adult content providers are required to ensure that obscene material is not accessible to minors.
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • N.J. Stat. § 2C:34-3
    • New Jersey Division of Alcoholic Beverage Control
    • Sex Shops:
      • Individuals must be at least 18 years old to enter adult retail stores (sex shops) in New Jersey.
      • Retailers may request valid identification to verify age.
    • Strip Clubs and Burlesque Venues:
      • Individuals must be at least 18 years old to enter strip clubs or burlesque venues where nudity or sexually explicit performances occur.
      • Some venues that serve alcohol may require patrons to be 21 years old, as per New Jersey’s alcohol laws.
  • Are websites required to verify age for accessing adult content?
    • Title 18 U.S.C. § 1470
    • COPPA (15 U.S.C. § 6501)
    • Federal Law:
      • Federal law does not mandate specific age verification mechanisms for accessing adult content online but requires that obscene materials are not distributed to minors.
      • Under the Child Online Protection Act (COPA), websites hosting adult content are encouraged to implement reasonable measures to restrict access to individuals under 18 years old.
    • New Jersey State Law:
      • New Jersey does not have additional state-specific requirements for age verification beyond federal standards. Websites are expected to comply with federal laws to prevent minors from accessing adult content.
  • What penalties exist for providing minors access to adult material online?
    • N.J. Stat. § 2C:34-3
    • Title 18 Section 1470
    • Federal Law:
      • Federal laws prohibit the distribution of obscene materials to minors. Violations can result in significant fines and imprisonment.
      • Penalties include:
        • Fines up to $250,000.
        • Imprisonment for up to 10 years.
    • New Jersey State Law:
      • New Jersey law prohibits the dissemination of obscene materials to minors under 18 years old under N.J. Stat. § 2C:34-3.
      • Penalties include:
        • Fines up to $10,000.
        • Imprisonment for up to 18 months.
  • What is the minimum age to work in the adult entertainment industry?
    • Title 18 US Code 2557
    • N.J. Stat. § 2C:34-1
    • Federal Law:
      • Under Title 18 U.S. Code § 2257, individuals must be at least 18 years old to participate in or perform in any form of adult entertainment, including the creation of sexually explicit content.
      • Producers are required to maintain detailed age verification records for all performers.
    • New Jersey State Law:
      • New Jersey law aligns with federal law, requiring individuals to be at least 18 years old to work in the adult entertainment industry, including strip clubs, adult retail stores, or as performers in adult media.
  • Are there restrictions on employment terms for adult content creators?
    • Title 18 US Code 2557
    • N.J. Stat. § 2C:34-1
    • Federal Law:
      • Federal law mandates that producers of sexually explicit content must maintain detailed age verification records for all performers.
        • Maintain detailed records verifying the age and identity of all performers.
        • Ensure that all performers are at least 18 years old.
        • Make these records available for inspection by federal authorities.
    • New Jersey State Law:
      • New Jersey law does not impose additional restrictions on employment terms for adult content creators beyond those mandated by federal law. General labor laws, such as protections against exploitation and harassment, apply to all workers in the state.

Voting

  • Age permitted to register to vote in the state
    • N.J. Stat. § 19:4-1
    • National Voter Registration Act of 1993
    • Federal Law:
    • New Jersey State Law:
      • Individuals can register to vote in New Jersey if they meet the following criteria:
        • Must be at least 17 years old to register to vote.
        • Individuals must be 18 years old on or before Election Day to cast a ballot.
        • Pre-registration is allowed for 17-year-olds, enabling them to automatically become eligible to vote when they turn 18.
  • Age permitted to vote in the state
    • N.J. Stat. § 19:4-1
    • Individuals must be at least 18 years old on or before Election Day to vote in any election in New Jersey.
  • What Identification requirements are needed to vote on a regular ballot
    • N.J. Stat. § 19:31-5
    • New Jersey Division of Elections – Voting Information
    • New Jersey does not require voters to present identification to vote on a regular ballot if they have already registered to vote and their voter registration has been verified.
    • Identification may be required when a voter is registering for the first time by mail and does not provide sufficient proof of identity during registration. Acceptable forms of ID include:
      • Driver’s license number or non-driver ID number issued by the New Jersey Motor Vehicle Commission.
      • The last four digits of the voter’s Social Security number.
      • Other acceptable forms of identification include a copy of a utility bill, paycheck, government check, or other government document showing the voter’s name and address.
  • What Identification requirements are needed to vote on a Provisional ballot
    • N.J. Stat. § 19:53C-3
    • New Jersey Division of Elections – Provisional Ballots
    • Voters who are unable to verify their identity at the polling place or whose eligibility is challenged may vote using a provisional ballot.
    • To ensure the provisional ballot is counted, voters must provide acceptable proof of identity to the county elections office within 48 hours after casting the provisional ballot.
    • Acceptable forms of ID include:
      • A driver’s license, state-issued ID, or passport.
      • A utility bill, bank statement, paycheck, or other government document showing the voter’s name and address.
  • Voter Restrictions/ Requirements in place federally and within the state.
    • N.J. Stat. § 19:4-1
    • Help America Vote (HAVA)
    • Voting Rights Act of 1965
    • Federal Law:
      • The Help America Vote Act (HAVA) requires first-time voters who register by mail to provide identification at the polls or when voting absentee.
      • Federal law prohibits voter discrimination based on race, color, or membership in a language minority group under the Voting Rights Act of 1965.
      • Federal law also prohibits individuals from voting if they are not U.S. citizens or if they are under 18 years old.
    • New Jersey State Law:
      • Eligibility Requirements:
        • Must be a U.S. citizen.
        • Must be at least 18 years old on or before Election Day.
        • Must be a resident of New Jersey and the county where they intend to vote for at least 30 days before the election.
        • Must not currently be serving a sentence of incarceration for a felony conviction. (Note: Individuals on probation or parole are eligible to vote in New Jersey.)
      • Restrictions:
        • Individuals who are currently incarcerated for a felony conviction are not allowed to vote. Voting rights are automatically restored upon release.
        • Voter fraud, including voting more than once in the same election or impersonating another voter, is a criminal offense under New Jersey law.

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Under what circumstances is a person required to show ID to police?
      • Terry v. Ohio, 392 US
      • N.J. Stat. § 2C:29-1 – Obstructing Administration of Law
      • Federal Law (Terry v. Ohio, 392 U.S. 1 (1968)):
        • Terry v. Ohio, 392 US
          • When an officer has reasonable suspicion that the person is involved in a crime
        • During such a stop, the person is not explicitly required to present identification unless state law mandates it.
        • If the police have probable cause or make an arrest, the individual may be required to provide identification.
      • New Jersey State Law:
        • New Jersey does not have a “Stop and Identify” law that explicitly requires individuals to identify themselves during a police stop unless they are being detained or arrested.
        • However, if an officer has reasonable suspicion that a person is committing or has committed a crime, they may detain the person for questioning.
        • Failure to provide identification during an arrest may result in additional charges, such as obstruction of justice.
    • Can you be detained or arrested for refusing to show ID?
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • New Jersey ACLU Stop and Identify
      • Newark Public Safety
      • New Jersey does not have a “Stop and Identify” statute. Individuals are generally not required to provide their name, identification, or other information during a police encounter unless they are being detained or arrested.
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
      • Fifth Amendment – U.S. Constitution
      • N.J. Stat. § 2C:29-1 – Obstructing Administration of Law
      • Federal Law:
        • Under the Fifth Amendment of the U.S. Constitution, individuals have the right to remain silent and not incriminate themselves.
        • You can refuse to answer questions, including providing identification, unless you are detained, arrested, or driving.
      • New Jersey State Law:
        • You have the right to remain silent during most police encounters. However, providing false information or obstructing an investigation may result in charges under N.J. Stat. § 2C:29-1.
  • Public Place ID Requirements
    • New Jersey ACLU Stop and Identify
    • Newark Public Safety
    • Local Municipal Ordinances – Curfew Laws
    • Are there any public areas where a person must carry ID?
      • New Jersey does not require individuals to carry identification in public places unless they are engaging in activities that legally require it (driving).
    • Are there curfew or loitering laws requiring ID verification?
      • Some municipalities in New Jersey enforce curfew laws for minors, which may require minors to provide proof of age if stopped by law enforcement.
      • Curfew laws vary by city, and violators may face warnings, fines, or other penalties.
  • Traffic Stops and ID Requirements
    • Are you required to provide an ID when pulled over by law enforcement?
      • N.J. Stat. § 39:3-29
      • Yes, under N.J. Stat. § 39:3-29, drivers are required to provide:
        • A valid driver’s license.
        • Vehicle registration.
        • Proof of insurance.
    • What are the consequences of refusing to show ID during a traffic stop?
      • N.J. Stat. § 39:3-29.
      • Refusing to provide identification during a traffic stop may result in:
        • Fines.
        • Suspension of driving privileges.
        • Potential arrest for failure to comply with lawful orders.
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • Terry v. Ohio, 392 U.S. 1 (1968)
      • Passengers are generally not required to provide identification during a traffic stop unless:
      • The officer has reasonable suspicion that the passenger is involved in a crime.
      • The passenger is being detained or arrested.
    • Can passengers legally refuse to provide ID?
      • Terry v. Ohio, 392 U.S. 1 (1968)
      • Passengers may refuse to provide ID unless there is reasonable suspicion or probable cause for their involvement in a crime. Refusing to cooperate may escalate the situation.
  • Curfew Laws for Minors
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • While New Jersey does not require minors to carry ID, they may need to provide proof of age if stopped for violating local curfew laws.
    • What are the penalties for violating curfew laws?
      • Penalties for violating curfew laws may include:
        • Warnings.
        • Fines (typically up to $1,000 depending on the municipality).
        • Community service or other court-ordered penalties.
  • Trespassing and ID Requirements
    • N.J. Stat. § 2C:18-3 – Trespassing
    • N.J. Stat. § 2C:29-1 – Obstructing Administration of Law
    • Can police demand ID if someone is suspected of trespassing?
      • Yes, if an officer has reasonable suspicion that an individual is trespassing, they may request identification to verify the person’s identity.
    • What are the consequences of refusing to provide identification in such situations?
      • Refusing to provide identification in a trespassing situation may result in:
        • Arrest for trespassing under N.J. Stat. § 2C:18-3.
        • Additional charges for obstructing the administration of law under N.J. Stat. § 2C:29-1.