SENATE, No. 1709

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 27, 2012

 


 

Sponsored by:

Senator  RONALD L. RICE

District 28 (Essex)

 

 

 

 

SYNOPSIS

     Establishes crime of entering into certain restricted airport areas.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning trespass on restricted airport property and amending N.J.S.2C:18-1 and N.J.S.2C:18-3. 

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    N.J.S.2C:18-1 is amended to read as follow:

     2C:18-1.  In this chapter, unless a different meaning plainly is required:

     [a.  "structure"] “Structure” means any building, room, ship, vessel, car, vehicle or airplane, and also means any place adapted for overnight accommodation of persons, or for  carrying on business therein, whether or not a person is actually present;

     [b.  “utility company property”] “Utility Company Property” means property; (1) owned by a public utility, as defined in R.S.48:2-13, or by a municipality, county, water district, authority or other public agency, and (2) which is used for the purpose of providing electric, gas or water utility service.

     “Operational area” means any portion of a public airport, from which access by the public is prohibited by fences or appropriate signs, and includes runways, taxiways, all ramps, cargo ramps and apron areas, aircraft parking and storage areas, fuel storage areas, maintenance areas, and any other area of a public airport used or intended to be used for landing, takeoff or surface maneuvering of aircraft; and

     “Sterile passenger holding area” means any portion of a public airport designated by appropriate signs as an area into which access is conditioned upon the prior inspection of persons and property in accordance with the approved Federal Aviation Administration security requirements. 

(cf: P.L.2009, c.283 s.1) 

 

     2.    N.J.S.2C:18-3 is amended to read as follows:

     2C:18-3.  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, or in the sterile passenger holding area or operational area of an airport in violation of federal security requirements. 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.  An offense under this subsection is a crime of the fourth degree if it is committed in the sterile passenger holding area or operational area of an airport in violation of federal security requirements. 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.

(cf: P.L.2009, c.283 s.3)

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill establishes the crime of entering into restricted airport property in violation of federal security requirements.  The bill sets forth two restricted areas on public airports.  The first area, a “sterile passenger holding area” is defined as any portion of a public airport designated by appropriate signs as an area into which access is conditioned upon the prior inspection of persons and property.  The second area, an “operational area” is defined as any portion of a public airport, from which access by the public is prohibited by fences or appropriate signs.  The provisions of the bill list specific areas that would include an operational area. 

     The bill provides that any person who knowingly trespasses in these areas in violation of federal security requirements is guilty of a fourth degree crime. A crime of the fourth degree is punishable by a fine of up to $10,000; imprisonment for a term of up to 18 months; or both.