ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 778

STATE OF NEW JERSEY

DATED: NOVEMBER 7, 1996

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 778.

      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 adapted for overnight accommodation for the purpose of invading the privacy of another under circumstances in which a reasonable person in the structure would not expect to be observed. 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.

      This bill was prefiled for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.