Establishes third degree crime for certain trespasses involving victim of domestic violence.

A4191

ASSEMBLY, No. 4191

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

Assemblywoman� MARISA SWEENEY

District 25 (Morris and Passaic)

SYNOPSIS

���� Establishes third degree crime for certain trespasses
involving victim of domestic violence.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning domestic violence related 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.��� Section 2 of P.L.2024,
c.83 (C.2C:18-2.2) is amended to read as follows:

���� 2.� a.� A person is guilty of
residential burglary if, with purpose to commit an offense therein or thereon,
the person:

���� (1) �Enters a residential
dwelling or accommodation, or a separately secured portion thereof, unless the
actor is licensed or privileged to enter; or

���� (2) �Surreptitiously remains
in a residential dwelling or accommodation, or a separately secured portion
thereof, knowing that the actor is not licensed or privileged to do so.

���� b.��� For the purposes of
subsection a. of this section, it is not an element of the offense that the
actor knew that any other person was present in the residential dwelling or
accommodation when the actor entered or surreptitiously remained therein, and
it shall not be a defense that the actor did not know that any other person was
present in the residential dwelling or accommodation when the actor entered or
surreptitiously remained therein.

���� c.���� Residential burglary is
a crime of the second degree, subject to section 2 of P.L.1997, c.117
(C.2C:43-7.2), unless the actor demonstrates by a preponderance of evidence
that the actor reasonably believed that no resident or any other person, other
than a person acting in concert with the actor, was present in the residential
dwelling or accommodation when the actor entered or surreptitiously remained
therein, in which case the offense is a crime of the second degree, not subject
to section 2 of P.L.1997, c.117 (C.2C:43-7.2).

����
d.��� (1) �Residential
burglary is a crime of the third degree if, intending to cause injury or
intending to commit a crime, the person enters the residential dwelling of a
victim of domestic violence who is protected by a final restraining order
issued pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.) against the actor.�

����
(2) �If a final restraining
order is in place, or if the actor has been convicted of or charged with a
crime or offense arising from a domestic violence incident involving the
victim, there shall be a rebuttable presumption that the person entered the
dwelling intending to cause injury or intending to commit a crime.� The
presumption of nonimprisonment set forth in N.J.S.2C:44-1 shall not apply to
persons convicted under the provisions of this paragraph.

(cf: P.L.2024, c.83, s.2)

���� 2.��� This act shall take
effect immediately.

STATEMENT

����� The bill provides that a person commits residential
burglary as a crime of the third degree if, intending to cause injury or
intending to commit a crime, the person enters the dwelling of a victim of
domestic violence who is protected by a final restraining order issued in
accordance with the �Prevention of Domestic Violence Act of 1991� against the
actor.� Moreover, and as amended, the bill creates a presumption that the actor
did intend to cause injury or to commit a crime if a final restraining order is
in place, or if the actor has been convicted of or charged with a crime or
offense arising from a domestic violence incident involving the victim.�
Finally, the bill provides that no presumption of nonincarceration shall apply
to persons convicted of such crime.

����� A crime of the third degree is punishable by three to
five years imprisonment, a fine of up to $15,000, or both.