2C:18-3 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, 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.

 2C:18-3C Peering into victims windows

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.

   Criminal Indictable and Disorderly Offense  Penalties

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

Jail 2C: 43- 8            jail  6 month maximum 

                                probation 1-2 year max                                         

                                community service  180 days maximum  

                               

Disorderly- fines:    $1,000 Fine  maximum under 2C: 43- 3

                                    plus mandatory costs, VCCO and other penalties                          

         There are many other penalties that the court must impose in criminal cases, including DNA testing.  There are dozens of other penalties a court can impose, depending on the type of matter.         

         Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, mandatory 6 month- 2 year loss of license, plus usual Probation, drug testing, DNA testing and other penalties. If attorney's Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain drug cases, the fine can be up to $75,000. 

-Petty Disorderly person- 30 days jail   maximum

Petty DP $500 max Fine, VCCB and other penalties

         Indictable Crime Penalties    [Felony type]  [ Superior Court]

                  Jail potential        Fine max            Probation

1st degree  10- 20 years       $200,000           [presumption of jail]

2nd degree5-10 years         $150,000           [presumption of jail]

3rd degree  3- 5 years           $15,000             1 year- 5 year

4th degree  0- 18 months       $10,000             1 year- 5 year

  There are dozens of other penalties a court can impose, depending on the type of matter. Read www.njlaws.com/jail_for_crimes_and_disorderly_conduct.html

         If you or a family member are charged with a criminal offense, you should retain an experienced criminal attorney to argue to reduce the penalties!  

Research by:  KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

 2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

More information on Fines, jail and penalties on website: www.njlaws.com 

[Copyright 2019  Vercammen Law   Fines, Jail penalty criminal]                                                                                                     

Kenneth Vercammen’s office represents persons charged with Serious Traffic offenses. Criminal and Motor vehicle violations are expensive.  If convicted, you will have to pay high fines in court, face probation, and other serious penalties that may effect future employment.

         

You should consider hiring a Certified Municipal Court Law Attorney such as Kenneth Vercammen to Represent you . Very few attorneys in New Jersey have been able to pass the rigid test to be recognized by the Supreme Court as a Certified Municipal Court Law Attorney.

         

When your job or driver's license is in jeopardy or you are facing thousands of dollars in penalties you need excellent legal representation. The cheap attorney is never the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.

         

Our website www.njlaws.comprovides details on jail terms for criminal offenses and other traffic matters. Call the Law Office of Kenneth Vercammen a to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses.  Please call us to schedule an appointment if you need experienced legal representation in a criminal matter. Save this letter for future reference.

         Kenneth Vercammen, Certified Criminal Trial Attorney

         Past NJSBA “Municipal Court Attorney of the Year”

Former Prosecutor of Cranbury Municipal Court 

and co-Author of: ABA  "Handling Drug and DWI Cases." 

Celebrating 30+ years of providing excellent service to clients since 1985. We fight to win!

For information on points, fines, jail and suspension for this violation, go to KennethVercammen.com/traffic_minimum_penalties.htm