Trespass 2C:18-3

New Jersey defines the offense of “trespass” as covering several types of acts. The first is unlicensed entry of structures. It is a crime of the fourth degree to knowingly enter or surreptitiously remain in a research facility or structure, such as a dwelling. It is also a crime of the fourth degree to knowingly enter or surreptitiously remain on school or utility company property. A crime of the fourth degree has a maximum penalty of up to 18 months in prison and a fine up to $10,000. If the property or structure which the person entered is not specified above, the act may be charged as a disorderly persons offense. A disorderly persons offense is punishable by up to 6 months in jail and a fine up to $1,000.

Another type of trespass is called “defiant trespasser.” An individual becomes a defiant trespasser when they knowingly enter or remain in a place which they have no privilege to access. The place must give notice that uninvited persons may not enter or remain there. Notice against trespass can be provided by actual communication: oral or written, to the individual in question; a posting in a manner prescribed by law or in a location where it would likely come to the attention of intruders; or fencing or an enclosure designed to exclude intruders. An act of being a “defiant trespasser” can be charged as a petty disorderly persons offense. A petty disorderly persons offense is punishable by up to 30 days in jail and a fine up to $500.

The third type of trespass involves the act of peering into windows or other openings of dwelling places. This act may be charged as a crime of the fourth degree. The reason that peering into windows or other openings is charged as a higher offense is because it has the potential to invade the privacy of another person in a dwelling where they would not expect to be observed.

It is an affirmative defense to the charge of trespass if a research facility, structure, school, or utility company property is abandoned. It is also an affirmative defense if when the person visited the structure or property, it was open to members of the public. The person who visited the structure or property must have complied with all lawful conditions imposed on access to the structure or property. It is further an affirmative defense if the person who entered the structure or property reasonably believed that the owner or person who allowed others onto the property would have licensed him to enter, remain, or peer.

An individual who possesses or uses an antishoplifting or inventory control device countermeasure in a store or retail establishment may be charged with a disorderly persons offense.

New Jersey’s statute on trespass allows the unauthorized access of agricultural or horticultural lands to be charged as a criminal offense. “Lands” includes plowed or tilled fields, dams, man-made reservoirs and their shorelines, and lands for livestock with a maintained fence.