Lands defined
As used in this act, "lands" means agricultural or horticultural lands devoted to the production for sale of plants and animals useful to man, encompassing plowed or tilled fields, standing crops or their residues, cranberry bogs and appurtenant dams, dikes, canals, ditches and pump houses, including impoundments, man-made reservoirs and the adjacent shorelines thereto, orchards, nurseries, and lands with a maintained fence for the purpose of restraining domestic livestock.
"Lands" shall also include lands in agricultural use, as defined in section 3 of P.L.1983, c. 32 (C. 4:1C-13), where public notice prohibiting trespass is given by actual communication to the actor, conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.
2C:18-5. Knowingly or recklessly operating motor vehicle or riding horseback on lands of another without written permission, or damaging or injuring tangible property
a. Knowingly or recklessly operate a motorized vehicle or to ride horseback upon the lands of another without obtaining and in possession of the written permission of the owner, occupant, lessee, or licensee thereof.
b. Knowingly or recklessly damage or injure any tangible property, including, but not limited to, any fence, building, feedstocks, crops, live trees, or any domestic animals, located on the lands of another.
2C:18-6. Offenses; penalties; restitution
3. a. An offense pursuant to section 2 of P.L.1983, c.522 (C.2C:18-5) is a crime of the third degree if the actor causes pecuniary loss of $2,000 or more; a crime of the fourth degree if the actor causes pecuniary loss of more than $500 but less than $2,000; and a disorderly persons offense if the actor causes pecuniary loss of $500 or less.
b. The provisions of N.J.S.2C:43-3 to the contrary notwithstanding, in addition to any other sentence which the court may impose pursuant to subsection c. of this section or any other provision of law, a person convicted of an offense under P.L.1983, c.522 (C.2C:18-4 et seq.) shall be sentenced to make restitution, and to pay a fine of not less than $500 if the offense is a crime of the third degree; to pay a fine of not less than $200 if the offense is a crime of the fourth degree; and to pay a fine of not less than $100 when the conviction is of a disorderly persons offense.
c. A person who is convicted of an offense pursuant to section 2 of P.L.1983, c.522 (C.2C:18-5), in addition to any other fine, penalty, or restitution which may be imposed by law, shall be liable to the owner, occupant, lessee, or licensee of the lands or of the tangible property for any reasonable and necessary expenses, including reasonable attorney fees, incurred by the owner, occupant, lessee, or licensee to ensure that the lands or the tangible property are restored to their condition prior to commission of the offense. The court shall order the defendant to pay as appropriate the amount of expenses incurred pursuant to this subsection, unless the amount cannot be ascertained or is subject to dispute in a manner that cannot be resolved without an evidentiary hearing, in which case the amount shall be determined in an action brought pursuant to R.S.4:17-2
