South Jersey Laws
Criminal Trespass
New Jersey Statutes Annotated 2C:18-3: Criminal trespass


A person commits criminal trespass if:

  • Knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any structure, or separately secured or occupied portion thereof.

A person is a defiant trespasser 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:
    • Actual communication to the actor; or
    • Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
    • Fencing or other enclosure manifestly designed to exclude intruders.
A person is guilty of peering into windows or other openings 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.


Criminal trespass is a disorderly persons offense and punishable by:

  • Imprisonment for up to six months;
  • A fine of up to $1,000; or
  • Both.

Criminal trespass is a crime of the fourth degree if it is committed in:
  • A school or on school property;
  • A dwelling; or
  • A research facility;
And is punishable by:
  • Imprisonment for up to 18 months;
  • A fine of up to $10,000; or
  • Both.

Defiant trespass is a petty disorderly persons offense punishable by:
  • Imprisonment for up to 90 days;
  • A fine of up to $500; or
  • Both.

Peering into a window or other opening of a structure is a crime of the fourth degree and punishable by:
  • Imprisonment for up to 18 months;
  • A fine of up to $10,000; or
  • Both.
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