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Unlicensed entry of structures; defiant trespasser; peering into dwelling
places; defenses
2C:18-3
Unlicensed entry of structures; defiant trespasser; peering into
dwelling places; defenses.
 2C:18-3.
a. Unlicensed entry of structures. A person commits an
offense if, knowing that he is not licensed or privileged to do so, he
enters or surreptitiously remains in any research facility, structure,
or separately secured or occupied portion thereof. An offense
under this subsection is a crime of the fourth degree if it is
committed in a school or on school property. The offense is a
crime of the fourth degree if it is committed in a dwelling. An
offense under this section is a crime of the fourth degree if it is
committed in a research facility, power generation facility, waste
treatment facility, public sewage facility, water treatment facility,
public water facility, nuclear electric generating plant or any
facility which stores, generates or handles any hazardous chemical or
chemical compounds. Otherwise it is a disorderly persons
offense.
b.Defiant
trespasser. A person commits a petty disorderly persons offense
if, knowing that he is not licensed or privileged to do so, he enters
or remains in any place as to which notice against trespass is given
by:
(1)Actual
communication to the actor; or
(2)Posting
in a manner prescribed by law or reasonably likely to come to the
attention of intruders; or
(3)Fencing
or other enclosure manifestly designed to exclude intruders.
c.Peering
into windows or other openings of dwelling places. A person
commits a crime of the fourth degree if, knowing that he is not
licensed or privileged to do so, he peers into a window or other
opening of a dwelling or other structure adapted for overnight
accommodation for the purpose of invading the privacy of another
person and under circumstances in which a reasonable person in the
dwelling or other structure would not expect to be observed.
d.Defenses.
It is an affirmative defense to prosecution under this section that:
(1)A
structure involved in an offense under subsection a. was abandoned;
(2)The
structure was at the time open to members of the public and the actor
complied with all lawful conditions imposed on access to or remaining
in the structure; or
(3)The
actor reasonably believed that the owner of the structure, or other
person empowered to license access thereto, would have licensed him to
enter or remain, or, in the case of subsection c. of this section, to
peer.
Amended 1980, c.112, s.3; 1994, c.90;
1995, c.20, s.4; 1997, c.15; 2005, c.100.
 Certified by the Supreme Court of New Jersey
as a Criminal Trial Attorney
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