{"id":374995,"date":"2018-03-20T14:35:02","date_gmt":"2018-03-20T19:35:02","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/new-jersey-law\/new-jersey-criminal-trespass-laws.html"},"modified":"2018-03-20T14:35:02","modified_gmt":"2018-03-20T19:35:02","slug":"new-jersey-criminal-trespass-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-jersey-law\/new-jersey-criminal-trespass-laws.html","title":{"rendered":"New Jersey Criminal Trespass Laws"},"content":{"rendered":"\n
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New Jersey Criminal Trespass Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Entering a forbidden space or staying at a place long after permission has expired constitute ways to trespass<\/a> on someone’s property. In addition to being civilly liable, you also could face criminal trespass charges.<\/p>\n

Trespassing is a crime similar to burglary<\/a> because both involve the unlawful entry onto the property of another. However, the intruder’s state of mind differs in these offenses. If the actor enters property with criminal intent, then it’s considered a burglary; if the actor didn’t enter or remain on the property for criminal purposes, then the likely charge is that of criminal trespass.<\/p>\n

Forms of Criminal Trespass<\/h2>\n

The New Jersey statute identifies three distinct forms of criminal trespass:<\/p>\n

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  1. Unlicensed entry of structures<\/li>\n
  2. Unlawful peering into windows<\/li>\n
  3. Defiant trespassing<\/li>\n<\/ol>\n

    New Jersey Criminal Trespass Laws at a Glance<\/h2>\n

    While an attorney can provide a more nuanced understanding of statutes and is trained in how to apply the law to your particular situation, it can be very helpful to have a more simplified view as well, one that’s in plain English and doesn’t require a law degree to decipher. The chart below provides you with such a summary for New Jersey’s criminal trespass laws, with links to important code sections.<\/p>\n\n

    Statute<\/b><\/p>\n<\/td>\n

    Unlawful Entry of Structures<\/b><\/p>\n<\/td>\n

    An individual (without privilege or a license) enters or remains in a structure. The offense is categorized as a disorderly persons offense<\/a> unless certain conditions apply.<\/p>\n

    The offense is a fourth degree crime if committed in the following areas:<\/p>\n

    Peering into windows or other openings<\/b><\/p>\n<\/td>\n

    		Peering into windows or other openings of dwellings: The offense is classified as a fourth degree crime.<\/td>\n<\/tr>

    Defiant Trespassing<\/b><\/p>\n<\/td>\n

    Defiant trespasser: The offense is classified as a petty disorderly persons offense<\/a>.<\/p>\n

    Possible Defenses<\/b><\/p>\n<\/td>\n