What the State Needs to Prove For a Conviction:
For the Person to be found guilty of Criminal Trespass (2C:18-3(a)
also known as unlawful entry to The State has to prove that:
1) The offense occurred in a structure. A structure is defined as a: school or on school property, a dwelling, research facility of any kind, as well as a poweutility company, any facility with hazardous waste, a sterile area of an airport, public sewage or water treatment facility
2) That the person surreptitiously remained in that structure
For the Person To Be Found Guilty of Defiant Trespass 2C:18-3(b)
The State has to prove that:
1) The Person knows he is not licensed or privileged to be in a place or.
2) The person knows he is not licensed or privileged by knowing by notice either actual, or notice by a sign has been posted that would provide notice, or present or other enclosure that has been erected to keep out intruders.
For the Person To Be Found Guilty of a Peering charges in NJ (2C:18-3(c)
The State must prove that:
1) The Person peered into the structure from outside the structure,
2) knowing he/she was not licensed to do so and
3) did so either through a window or opening of a dwelling or other structure adapted to or for overnight accommodation and
4) did so under circumstances which a reasonable person in the dwelling would not expect to be observed.
General Penalties for Trespassing and Peering in NJ
Criminal Trespass 2C:18-3(A)
Fine: up to $10,000.00
Probation: 1 to 5 Years
Restitution for Damages: Limited to
dollar amount of damage caused
Jail: Up to 18 Months
Defiant Trespass 2C:18-3(B)
Fine: $1000.00
Probation: Generally 6 months to 1 year
Restitution for Damages: Limited to
dollar amount of damages caused
Jail: Up to 30 days
Peering 2C:18-3(C)
Fine: up to $10,000.00
Probation: 1 to 5 Years
Jail: Up to 18 Months