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, 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.