N.J.S.A. 2C:18-3 · Theft, Burglary & Property Offenses
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What the law says
The section prohibits knowingly entering or surreptitiously remaining in specified places without a license or privilege, and knowingly entering or remaining in a place after notice against trespass. It also prohibits knowingly peering into a window or other opening of a dwelling or overnight-accommodation structure to invade another person’s privacy under circumstances in which a reasonable person there would not expect to be observed.
Depending on how it's graded, this offense is either an indictable crime, prosecuted in the Superior Court in the county where it happened, or a disorderly persons offense heard in municipal court. Indictable charges go through grand jury review. Prosecutors sometimes downgrade them to municipal court.
What the State must prove
To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:18-3, that means:
- For unlicensed entry, the person knows that he is not licensed or privileged to enter or surreptitiously remain in a research facility, structure, separately secured or occupied portion thereof, utility company property, or the sterile area or operational area of an airport.
- For defiant trespass, the person knows that he is not licensed or privileged to enter or remain in a place as to which notice against trespass is given.
- Notice against trespass is given by actual communication to the actor, posting in a manner prescribed by law or reasonably likely to come to the attention of intruders, or fencing or another enclosure manifestly designed to exclude intruders.
- For peering, the person knows that he is not licensed or privileged to peer into a window or other opening of a dwelling or other structure adapted for overnight accommodation, and does so for the purpose of invading another person’s privacy under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed.
How the charge is graded
- An offense under subsection a. 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 subsection a. is a crime of the fourth degree if it is committed in or upon utility company property.
- An offense under subsection a. 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.
- A person commits a petty disorderly persons offense under subsection b.
- A person commits a crime of the fourth degree under subsection c.
General sentencing ranges
Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:
| Offense level | Ordinary term | Maximum fine |
|---|---|---|
| Fourth degree | Up to 18 months | Up to $10,000 |
| Disorderly persons offense | Up to 6 months in county jail | Up to $1,000 |
| Petty disorderly persons offense | Up to 30 days in county jail | Up to $500 |
Other rules that can matter
- It is an affirmative defense to prosecution under this section that a structure involved in an offense under subsection a. was abandoned.
- It is an affirmative defense to prosecution under this section that 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.
- It is an affirmative defense to prosecution under this section that 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.
Common defense strategies
Every case turns on its facts, but defenses we often explore include:
- Lack of intent to deprive the owner, or a good-faith claim of right
- Disputing the value used to grade the offense
- Identification problems and gaps in surveillance video
- Restitution and diversion as paths to avoid a conviction
What to do right now
- Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
- Write down everything you remember, including names, times, and locations.
- Keep every document you received, such as the complaint, summons, and release conditions.
- Follow all release and no-contact conditions exactly.
- Call a New Jersey criminal defense lawyer before your first court date.
How we help
Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Criminal Trespass charge.
Related charges
- Burglary →
- Arson →
- Criminal Mischief →
- Theft Grading in New Jersey →
- Theft by Unlawful Taking →
- Receiving Stolen Property →
- Theft of Services →
- Shoplifting →
Sources
- N.J.S.A. 2C:18-3 on Justia (2024 New Jersey Revised Statutes)
- N.J.S.A. 2C:43-6, sentences of imprisonment for crimes
- N.J.S.A. 2C:43-3, fines
- N.J.S.A. 2C:43-8, disorderly persons sentences
Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.
Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.