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Trespassing Charge, NJSA 2C:18-3(A)

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  • 04-03-2011, 03:09 PM
    r_gang
    Trespassing Charge, NJSA 2C:18-3(A)
    My question involves criminal law for the state of: New Jersey

    I was driving my vehicle down a wooded trail to go dirt bike riding. I was stopped by a policeman and issued a ticket for trespassing NJSA 2C:18-3(a). How serious of a charge is this and would you recommend that I get an attorney??
  • 04-03-2011, 03:24 PM
    davidmcbeth3
    Re: Trespassing Njsa 2c:18-3(A)
    Recommend you google the charge and post back with results
  • 04-04-2011, 08:15 PM
    Mr. Knowitall
    Re: Trespassing Charge, NJSA 2C:18-3(A)
    The statute provides,
    Quote:

    Quoting NJSA 2C:18-3 Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses.
    a. Unlicensed entry of structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof, or in or upon utility company property. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a dwelling. An offense under this section is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. An offense under this subsection is a crime of the fourth degree if it is committed in or upon utility company property. Otherwise it is a disorderly persons offense.

    b. Defiant trespasser. A person commits a petty disorderly persons offense 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:
    (1) Actual communication to the actor; or

    (2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

    (3) Fencing or other enclosure manifestly designed to exclude intruders.
    c. Peering into windows or other openings of dwelling places. A person commits a crime of the fourth degree 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.

    d. Defenses. It is an affirmative defense to prosecution under this section that:
    (1) A structure involved in an offense under subsection a. was abandoned;

    (2) The structure was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the structure; or

    (3) The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of subsection c. of this section, to peer.

    Nobody here would tell you not to consult a lawyer. I would personally try for a deferral or non-criminal disposition; a local lawyer can advise you of your chances of getting such an outcome, as well as review the facts of the case for possible defenses to the charge.
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