Created by FindLaw's team of legal writers and editors | Last updated March 20, 2018
Entering a forbidden space or staying at a place long after permission has expired constitute ways to trespass on someone's property. In addition to being civilly liable, you also could face criminal trespass charges.
Trespassing is a crime similar to burglary 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.
The New Jersey statute identifies three distinct forms of criminal trespass:
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.
Statute |
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Unlawful Entry of Structures |
An individual (without privilege or a license) enters or remains in a structure. The offense is categorized as a disorderly persons offense unless certain conditions apply. The offense is a fourth degree crime if committed in the following areas:
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Peering into windows or other openings |
Peering into windows or other openings of dwellings: The offense is classified as a fourth degree crime. |
Defiant Trespassing |
Defiant trespasser: The offense is classified as a petty disorderly persons offense.
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Possible Defenses |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Violating New Jersey's criminal trespass laws should be taken seriously. The charges stemming from noncompliance carry serious consequences including possible jail time. An attorney understands how to raise affirmative defenses and can be an important advocate. Take control of your case by connecting with a New Jersey criminal defense attorney right away.
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