New Jersey criminal charge
Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses in New Jersey
Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:18-3. Its classification is not fixed: New Jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:18-3.
What is the penalty for unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 18 months (Unlicensed entry - school or school property — Unlicensed entry or surreptitious remaining is committed in a school or on school property.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Unlicensed entry - school or school property — Unlicensed entry or surreptitious remaining is committed in a school or on school property.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Unlicensed entry - dwelling — Unlicensed entry or surreptitious remaining is committed in a dwelling.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Unlicensed entry - dwelling — Unlicensed entry or surreptitious remaining is committed in a dwelling.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Unlicensed entry - hazardous/utility/critical facility — Unlicensed entry or surreptitious remaining is committed in a research, power, waste treatment, sewage, water treatment, nuclear, or hazardous chemical facility.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Unlicensed entry - hazardous/utility/critical facility — Unlicensed entry or surreptitious remaining is committed in a research, power, waste treatment, sewage, water treatment, nuclear, or hazardous chemical facility.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Unlicensed entry - utility company property — Unlicensed entry or surreptitious remaining is committed in or upon utility company property.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Unlicensed entry - utility company property — Unlicensed entry or surreptitious remaining is committed in or upon utility company property.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Unlicensed entry - airport sterile/operational area — Unlicensed entry or surreptitious remaining is committed in the sterile area or operational area of an airport.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Unlicensed entry - airport sterile/operational area — Unlicensed entry or surreptitious remaining is committed in the sterile area or operational area of an airport.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (Unlicensed entry - default/other location — Unlicensed entry or surreptitious remaining occurs in a location not specifically enumerated as a fourth-degree location.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to $1,000 (Unlicensed entry - default/other location — Unlicensed entry or surreptitious remaining occurs in a location not specifically enumerated as a fourth-degree location.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 30 days (Defiant trespasser — A person enters or remains in a place after notice against trespass is given by communication, posting, or enclosure.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to $500 (Defiant trespasser — A person enters or remains in a place after notice against trespass is given by communication, posting, or enclosure.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 18 months (Peering into dwelling places — A person peers into a window or opening of a dwelling or overnight-accommodation structure to invade privacy under circumstances where observation is not expected.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Peering into dwelling places — A person peers into a window or opening of a dwelling or overnight-accommodation structure to invade privacy under circumstances where observation is not expected.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlicensed entry - school or school property | Crime of the Fourth Degree | Unlicensed entry or surreptitious remaining is committed in a school or on school property. | N.J.S.A. 2C:18-3undefined |
| Unlicensed entry - dwelling | Crime of the Fourth Degree | Unlicensed entry or surreptitious remaining is committed in a dwelling. | N.J.S.A. 2C:18-3undefined |
| Unlicensed entry - hazardous/utility/critical facility | Crime of the Fourth Degree | Unlicensed entry or surreptitious remaining is committed in a research, power, waste treatment, sewage, water treatment, nuclear, or hazardous chemical facility. | N.J.S.A. 2C:18-3undefined |
| Unlicensed entry - utility company property | Crime of the Fourth Degree | Unlicensed entry or surreptitious remaining is committed in or upon utility company property. | N.J.S.A. 2C:18-3undefined |
| Unlicensed entry - airport sterile/operational area | Crime of the Fourth Degree | Unlicensed entry or surreptitious remaining is committed in the sterile area or operational area of an airport. | N.J.S.A. 2C:18-3undefined |
| Unlicensed entry - default/other location | Disorderly Persons Offense | Unlicensed entry or surreptitious remaining occurs in a location not specifically enumerated as a fourth-degree location. | N.J.S.A. 2C:18-3undefined |
| Defiant trespasser | Petty Disorderly Persons Offense | A person enters or remains in a place after notice against trespass is given by communication, posting, or enclosure. | N.J.S.A. 2C:18-3undefined |
| Peering into dwelling places | Crime of the Fourth Degree | A person peers into a window or opening of a dwelling or overnight-accommodation structure to invade privacy under circumstances where observation is not expected. | N.J.S.A. 2C:18-3undefined |
Common questions about unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses in New Jersey
What degree of offense is unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses in New Jersey?
It depends on the circumstances: unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses ranges from a Petty Disorderly Persons Offense to a Crime of the Fourth Degree in New Jersey under N.J.S.A. 2C:18-3.
Unlicensed entry - school or school property: Crime of the Fourth Degree (N.J.S.A. 2C:18-3) · Unlicensed entry - dwelling: Crime of the Fourth Degree (N.J.S.A. 2C:18-3) · Unlicensed entry - hazardous/utility/critical facility: Crime of the Fourth Degree (N.J.S.A. 2C:18-3) · Unlicensed entry - utility company property: Crime of the Fourth Degree (N.J.S.A. 2C:18-3) · Unlicensed entry - airport sterile/operational area: Crime of the Fourth Degree (N.J.S.A. 2C:18-3) · Unlicensed entry - default/other location: Disorderly Persons Offense (N.J.S.A. 2C:18-3) · Defiant trespasser: Petty Disorderly Persons Offense (N.J.S.A. 2C:18-3) · Peering into dwelling places: Crime of the Fourth Degree (N.J.S.A. 2C:18-3)
What are the penalties for unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses in New Jersey?
Penalties for unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses in New Jersey depend on how it is classified — from a Petty Disorderly Persons Offense up to a Crime of the Fourth Degree — with the ranges set by N.J.S.A. 2C:43-6 and N.J.S.A. 2C:43-8; the full table of ranges by variant is published on this page.
Which New Jersey statute covers unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses?
Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses is governed by N.J.S.A. 2C:18-3 (Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.