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A1425
ASSEMBLY, No. 1425
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
SYNOPSIS
���� Revises penalty for criminal trespassing while
carrying firearm.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning criminal trespassing while carrying a
firearm 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
]
the person
is not licensed or privileged to do so,
[
he
]
the person
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 area or operational area of an airport. 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
area or operational area of an airport.� Otherwise it is a disorderly persons
offense.
����
A crime of the fourth
degree under this subsection shall be a crime of the third degree if the person
possesses a firearm while committing the offense, regardless of whether the
person is the holder of a permit to carry a handgun pursuant to N.J.S.2C:58-4.�
A disorderly persons offense under this subsection shall be a crime of the
fourth degree if the person possesses a firearm while committing the offense,
regardless of whether the person is the holder of a permit to carry a handgun
pursuant to N.J.S.2C:58-4.
���� b.��� Defiant trespasser.� A
person commits a petty disorderly persons offense
or, if the person
possesses a firearm while committing the offense a disorderly persons offense,
regardless of whether the person is the holder of a permit to carry a handgun
pursuant to N.J.S.2C:58-4
if, knowing that
[
he
]
the person
is not
licensed or privileged to do so,
[
he
]
the person
enters or remains in any place as to which notice against trespass is given by:
���� (1)��
[
Actual
]
actual
communication to the actor;
[
or
]
���� (2)��
[
Posting
]
posting
in a manner prescribed by law or reasonably likely to come to the attention of
intruders; or
���� (3)��
[
Fencing
]
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
]
the person
is not licensed or privileged to do so,
[
he
]
the person
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
]
a
structure involved in an offense under subsection a. was abandoned;
���� (2)��
[
The
]
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
]
the
actor reasonably believed that the owner of the structure, or other person
empowered to license access thereto, would have licensed
[
him
]
the person
to enter or remain, or, in the case of subsection c. of this section, to peer.
����
e.���� The conspicuous
posting of a sign prohibiting or otherwise indicating that it is not
permissible to carry a firearm in that structure or place shall give rise to an
inference that an actor who accesses or remains in that structure or place
while carrying a firearm:
����
(1) knowingly was not
licensed or privileged to enter or remain in that structure or place;
����
(2) did not comply with all
lawful conditions imposed on access to or remaining in the structure or place;
and
����
(3) did not reasonably
believe that the owner of the structure or place, or other person empowered to
license access thereto, would have licensed them to enter or remain in that
structure or place.
(cf:� P.L.2013, c.138, s.2)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill revises the penalty
for criminal trespassing while carrying a firearm.
���� Under current law, any person,
not licensed or privileged to do so, who enters or surreptitiously remains in a
research facility, structure, or separately secured or occupied portion
thereof, or on utility company property, or in the sterile or operational area
of an airport, commits a disorderly persons offense. �This bill revises the
offense to make it a crime of the fourth degree if the person commits the
offense while possessing a firearm, regardless of whether the person holds a valid
permit to carry a handgun.� A crime of the fourth degree is punishable by up to
18 months� imprisonment, a fine of up to $10,000, or both.
���� Current law also provides that
any person, not licensed or privileged to do so, who enters or remains in a
school or on school property, a dwelling, a research facility, a power
generation facility, a waste treatment facility, a public sewage facility, a
water treatment facility, a public water facility, a nuclear electric
generating plant, upon utility company property, the sterile area or
operational area of an airport, or any facility which stores, generates or
handles hazardous chemicals or chemical compounds commits a crime of the fourth
degree. �This bill revises the offense to make it a crime of the third degree
if the person commits the offense while possessing a firearm, regardless of
whether the person holds a valid permit to carry a handgun.� A crime of the
third degree is punishable by three to five years� imprisonment, a fine of up
to $15,000, or both.�
���� Additionally, current law
provides that a person who enters or remains in a place where they are not
licensed or privileged to be, and where notice against trespass has been given
by direct communication, posting, or fencing, commits a petty disorderly persons
offense. �This bill revises the penalty to make it a disorderly persons offense
if the person commits the offense while possessing a firearm, regardless of
whether the person holds a valid permit to carry a handgun.� A disorderly
persons offense is punishable by a term of imprisonment of up to 6 months, a
fine of up to $1,000 or both.�
���� Finally, any person who
possesses a firearm and enters or surreptitiously remains in certain locations
under the bill that has posted signage prohibiting firearms will give rise to
an inference that the person: knew they were not licensed or privileged to
enter or remain in the structure; did not comply with all lawful conditions
imposed on access to or remaining in the structure; and did not reasonably
believe that the owner of the structure, or other person empowered to license
access thereto, would have licensed the person to enter or remain in the
structure.