ASSEMBLY, No. 778

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman FARRAGHER

An Act concerning criminal trespass and amending 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:18-3 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 structure, or separately secured or occupied portion thereof. An offense under this subsection is a crime of the fourth degree if it is committed in a dwelling. 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.1980, c.112, s.3)

    2. This act shall take effect immediately.

STATEMENT

    In State v. Zarin, 220 N.J. Super. 99 (Law Div. 1987), the court ruled that a defendant charged with peering into an apartment did not commit an offense of harassment under N.J.S.A.2C:33-4 because it was not shown that the defendant acted for the purpose of harassing those in the apartment. The court further ruled the defendant could not be convicted of criminal trespass under N.J.S.A.2C:18-3 because the defendant did not intrude into the structure.

    In order to provide criminal penalties in fact situations like those in the Zarin case and other related situations, this bill would amend the statute on criminal trespass to make it a crime of the fourth degree if a person, not licensed or privileged to do so, peers into a window or other opening of a dwelling or other structure for the purpose of invading the privacy of another. A crime of the fourth degree is punishable by a term of imprisonment not to exceed 18 months, a fine not to exceed $7,500 or both.

Classifies peering into a window or other opening of a dwelling for the purpose of invading the privacy of another as a crime of the fourth degree.