No Trespassing in New Jersey

It isn’t uncommon to encounter “No Trespassing” signs. But have you ever considered the full scope of its meaning and the potential legal consequences? No Trespassing in New Jersey is not just a sign, it’s a real crime.

Levels of Trespassing

New Jersey law divides trespassing into three categories:

Criminal Trespass – unlicensed entry of structures. If a person enters or surreptitiously remains in/on a property in which he knows he doesn’t have permission to do so.

Defiant Trespass – the unlicensed entry of structures with prior notice, which can be in the form of actual communication, posted signage, or fencing.

Unlawful Peering into Windows – colloquially known as “peeping,” peering without privilege to do so, into windows or other apertures 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 structure would not expect to be observed. 

The Penalties

In New Jersey, trespassing is a fourth-degree criminal offense, classified as disorderly persons, carrying a six-month jail sentence, a $1000 fine, and a permanent criminal record. Unfortunately, your case is at the mercy of the prosecutor, who may seek ultimate retribution, elevating your charges to felony trespassing, which could result in as many as 18 months in prison.

The Defenses

But there are defenses to trespassing. For example, if the structure in question was abandoned; or had been open to members of the public and you complied with the conditions set forth for access; or you believed that you would have been granted access to the structure, even though you lacked explicit permissions. The prosecutor for your case must prove that you were aware of your actions but entered the premises (or peered) anyway.

Related to Criminal Trespass is criminal mischief or vandalism. Criminal mischief is the purposeful infliction of damage to tangible property, or the damages sustained to tangible property while engaged in reckless or negligent employment of fire, explosives, or other dangerous means. Criminal mischief also includes the purposeful and/or reckless tampering with tangible property belonging to another, for example, the infliction of damage to rental premises in retaliation for your landlord commencing eviction proceedings.

Criminal mischief also encompasses any tampering or purposeful infliction of damage to any air traffic control spaces or devices at an airport; pipes or any works for conducting gas, oil, or water; or damage, defacement, or other loss of property at a research facility or otherwise causes physical disruption to the functioning of said facility. Tampering with a grave, crypt, mausoleum, or another site where human remains are stored or interred, with the purpose to desecrate, destroy, or steal such human remains also constitutes criminal mischief. Purposefully interrupting public communication, transportation, or supply of utilities such as oil, gas, or power is also considered criminal mischief. Finally, applying graffiti to the property of another also constitutes criminal mischief.

There are varying degrees of criminal mischief, each carrying its own respective sentencing and retributions.

While there are defenses to these crimes, it’s best to consult a competent criminal defense attorney who is experienced in criminal proceedings. Promptly retaining counsel is strongly advisable if you’re facing criminal prosecution. I am available if you’d like to discuss your case, contact me today to schedule a time to talk.