New Jersey statute

N.J.S.A. 2C:18-3 — Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses

Current through P.L.2025, c.346, and J.R.22

Part of Chapter 18, New Jersey Statutes.

Criminal charges under this statute

Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses

Full text of N.J.S.A. 2C:18-3

Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.

N.J.S.A. 2C:18-3Primary source, current through the P.L.2025, c.346, and J.R.22

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, or in or upon utility company property, or in the sterile area or operational area of an airport. 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. An offense under this subsection is a crime of the fourth degree if it is committed in or upon utility company property. An offense under this subsection is a crime of the fourth degree if it is committed in the sterile area or operational area of an airport. 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; 2009, c.283, s.3; 2013, c.138, s.2.

Official sources

justia: N.J.S.A. 2C:18-3

Legal terms used in this section

Questions this section answers

What degree of offense is unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses in New Jersey?

It depends on the circumstances: unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses ranges from a petty disorderly persons offense to a crime of the fourth degree in New Jersey under N.J.S.A. 2C:18-3.

Unlicensed entry - school or school property: crime of the fourth degree (N.J.S.A. 2C:18-3) · Unlicensed entry - dwelling: crime of the fourth degree (N.J.S.A. 2C:18-3) · Unlicensed entry - hazardous/utility/critical facility: crime of the fourth degree (N.J.S.A. 2C:18-3) · Unlicensed entry - utility company property: crime of the fourth degree (N.J.S.A. 2C:18-3) · Unlicensed entry - airport sterile/operational area: crime of the fourth degree (N.J.S.A. 2C:18-3) · Unlicensed entry - default/other location: disorderly persons offense (N.J.S.A. 2C:18-3) · Defiant trespasser: petty disorderly persons offense (N.J.S.A. 2C:18-3) · Peering into dwelling places: crime of the fourth degree (N.J.S.A. 2C:18-3)

Which New Jersey statute covers unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses?

Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses is governed by N.J.S.A. 2C:18-3 (Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses).

This reference is informational and is not legal advice.