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.