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.
Notes of Decisions
Don Karns v. Kathleen Shanahan (2018)
ca3 · cites it 6×
“Karns and Parker were also each charged with one count of defiant trespass in violation of N.J. Stat. Ann. § 2C:18-3(b) on the basis of the officers’ belief that engaging in non- commercial expression on NJ Transit property without a permit constitutes trespassing.”
Geissler v. City of Atlantic City (2016)
njd · cites it 5×
“N.J.S.A. § 2C:18-3(b)(1) makes it a crime for a person who, “knowing that [she] is not licensed or privileged to do so,” “enters or remains in any place as to which notice against trespass is given by .”
State v. Schmid (1980)
nj · cites it 2×
“after being forbidden so to trespass by the owner, occupant, lessee or licensee thereof, or after public notice on the part of the owner, occupant, lessee or licensee forbidding such trespassing, which notice has been conspicuously posted adjacent to a usual entry way thereto,…”
Roth v. Golden Nugget Casino/Hotel, Inc. (1983)
njd · cites it 7×
“To this end, the defendants assert that, pursuant to NJ.S.A. § 2C:18-3 (West 1982) 1 Roth was guilty of criminal trespass when she entered the Golden Nugget on the date of her arrest.”
William Pittman v. Metuchen Police Department (2011)
ca3 · cites it 3×
““A person commits a crime [of peering] 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…”
State of New Jersey v. Brandon Kane (2017)
njsuperctappdiv
“2C:12-1(b)(1);2 and fourth- degree criminal trespass of Charlie's home, N.J.S.A. 2C:18-3(a), as a lesser-included offense of second-degree burglary, N.”
State v. David M. Gibson (070910) (2014)
nj
“”). The questions here are whether Gibson was given “notice against trespass” in a manner “reasonably likely to come to [his] attention” and in a form so that he knew that he was not “licensed or privileged” to set one foot on the curtilage of Omega’s property or to lean against…”
State v. Sencion (2018)
njsuperctappdiv
“[f]encing or other enclosure manifestly designed to exclude intruders.”
In the Matter of the Estate of Michael D. Fisher, II (2015)
njsuperctappdiv · cites it 2×
“1 According to Nees's certification, the separation was prompted by Fisher's December 2000 arrest for peering into the window of a dwelling, which resulted in his indictment for fourth-degree criminal trespass, N.J.S.A. 2C:18-3(c). Fisher had previously been arrested in April…”
State v. Slobin (1996)
njsuperctappdiv · cites it 2×
“They sat at the table for a period of forty minutes after being asked to leave and refusing to do so.”
Islam v. City of Bridgeton (2011)
njd · cites it 2×
“” N.J. Stat. Ann. § 2C:18-3. Whether Plaintiff refused to leave once asked to do so is in dispute.”
Kamen v. Egan (1999)
njsuperctappdiv
“2C:18-2 (12) Criminal trespass N.J.S.A. 2C:18-3 (13) Harassment N.J.S.A.”
— N.J. Stat. § 2C:18-3(a) — 36 cases
State of New Jersey v. Brandon Kane (2017)
njsuperctappdiv
“2C:12-1(b)(1);2 and fourth- degree criminal trespass of Charlie's home, N.J.S.A. 2C:18-3(a), as a lesser-included offense of second-degree burglary, N.”
— N.J. Stat. § 2C:18-3(b) — 13 cases
Don Karns v. Kathleen Shanahan (2018)
ca3
“Karns and Parker were also each charged with one count of defiant trespass in violation of N.J. Stat. Ann. § 2C:18-3(b) on the basis of the officers’ belief that engaging in non- commercial expression on NJ Transit property without a permit constitutes trespassing.”
William Pittman v. Metuchen Police Department (2011)
ca3
““A person commits a crime [of peering] 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…”
— N.J. Stat. § 2C:18-3(b)(1) — 4 cases
Geissler v. City of Atlantic City (2016)
njd
“N.J.S.A. § 2C:18-3(b)(1) makes it a crime for a person who, “knowing that [she] is not licensed or privileged to do so,” “enters or remains in any place as to which notice against trespass is given by .”
State v. Slobin (1996)
njsuperctappdiv
“They sat at the table for a period of forty minutes after being asked to leave and refusing to do so.”
— N.J. Stat. § 2C:18-3(b)(l) — 1 case
Geissler v. City of Atlantic City (2016)
njd
“N.J.S.A. § 2C:18-3(b)(1) makes it a crime for a person who, “knowing that [she] is not licensed or privileged to do so,” “enters or remains in any place as to which notice against trespass is given by .”
— N.J. Stat. § 2C:18-3(c) — 6 cases
In the Matter of the Estate of Michael D. Fisher, II (2015)
njsuperctappdiv
“1 According to Nees's certification, the separation was prompted by Fisher's December 2000 arrest for peering into the window of a dwelling, which resulted in his indictment for fourth-degree criminal trespass, N.J.S.A. 2C:18-3(c). Fisher had previously been arrested in April…”
William Pittman v. Metuchen Police Department (2011)
ca3
““A person commits a crime [of peering] 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…”
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