Reviewed by the Marketing Team, New Jersey Criminal Defense Attorneys PCContent date: . General information; laws and procedures can change. See the sources below.
Short answer
N.J.S.A. 2C:18-3 has three offenses. Entering or secretly staying in a structure you know you are not allowed in is usually a disorderly persons offense, but fourth degree in a home, school, utility site, airport secure area or certain facilities. Staying somewhere after notice against trespass is a petty disorderly persons offense. Peering into a home's window to invade someone's privacy is fourth degree.
On this page (8)
Unlicensed entry of structures (subsection a.)
It is an offense to enter or secretly remain in a structure, or a separately secured or occupied part of one, knowing you are not licensed or privileged to be there. It is a disorderly persons offense unless it happens in one of these places, which make it a fourth-degree crime:
- A dwelling
- A school or school property
- A research facility, power generation facility, waste or water treatment facility, public sewage or water facility, nuclear plant, or a facility that handles hazardous chemicals
- Utility company property
- The sterile or operational area of an airport
Defiant trespasser (subsection b.)
It is a petty disorderly persons offense to enter or stay in any place, knowing you are not allowed, after notice against trespass was given by:
- Telling you directly
- Posting signs in a way the law allows or that intruders would likely notice
- Fencing or another enclosure clearly meant to keep people out
Peering into a home (subsection c.)
Peering into a window or other opening of a home, or another structure used for overnight stays, to invade someone's privacy, where a reasonable person inside would not expect to be seen, is a fourth-degree crime.
Grades and ranges
| Offense | Grade | Court | Ordinary jail or prison range |
|---|---|---|---|
| Defiant trespass after notice | Petty disorderly persons offense | Municipal | Up to 30 days |
| Unlicensed entry of a structure (general) | Disorderly persons offense | Municipal | Up to 6 months |
| Unlicensed entry of a dwelling, school or listed facility | Fourth-degree crime | Superior | Up to 18 months |
| Peering into a dwelling | Fourth-degree crime | Superior | Up to 18 months |
Ranges come from N.J.S.A. 2C:43-6 and 2C:43-8. Maximum fines under 2C:43-3 are $500 for a petty disorderly persons offense, $1,000 for a disorderly persons offense and $10,000 for fourth degree.
What defenses does the statute list?
Subsection d. makes these affirmative defenses:
- The structure was abandoned
- The place was open to the public at the time and you followed all lawful conditions on entering or staying
- You reasonably believed the owner, or someone able to give permission, would have let you enter or stay (or, for peering, look)
Trespass in domestic violence cases
Criminal trespass is one of the listed acts of domestic violence in N.J.S.A. 2C:25-19. Going to a former partner's home after being told to stay away can lead to a criminal charge and a restraining order case. If a restraining order already bars you from the home, a separate contempt charge is also possible.
Trespass versus burglary
Burglary under N.J.S.A. 2C:18-2 requires entering with the purpose of committing an offense inside. Trespass does not. That difference is often central when the State charges burglary and the facts may only support trespass. See the burglary guide.
Related guides
- Discovery in municipal court
How discovery works in New Jersey municipal court under Rule 7:7-7: who to ask, the 10-day deadline for the prosecutor, what you are entitled to (police reports, video, test results), fees, and what happens if it is not provided.
- Burglary
How New Jersey grades burglary under N.J.S.A. 2C:18-2, the 2024 residential burglary and home invasion burglary crimes, prison ranges, and when the No Early Release Act applies.
- After a domestic violence arrest
What happens after a domestic violence arrest in New Jersey: mandatory arrest rules, release decisions and no-contact conditions, detention hearings, weapons seizure, and the separate TRO.
- Degrees of crimes
New Jersey's first- through fourth-degree crimes compared: prison ranges, maximum fines, presumptions of incarceration and non-incarceration, NERA, and the Graves Act.
Frequently asked questions
Is trespassing a crime in New Jersey?
Defiant trespass after a warning is a petty disorderly persons offense, and entering a structure without permission is usually a disorderly persons offense, both in municipal court. Entering a home, school or listed facility, or peering into a home, is a fourth-degree crime.
What counts as notice against trespass?
Being told directly, signs posted in a way the law allows or that intruders would likely see, or fencing clearly meant to keep people out.
Is it a defense that the store was open?
It is an affirmative defense if the place was open to the public and you followed all lawful conditions on being there. If you were told to leave and stayed, that defense may not apply.
What is the difference between trespass and burglary?
Burglary requires entering with the purpose of committing an offense inside. Trespass only requires knowing you were not allowed to enter or stay.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.
