New Jersey Section 2C:18-4 – Lands defined: What Lawyers Should Know

New Jersey’s criminal code section 2C:18-4 defines the types of lands that are protected under the state’s trespassing laws. As a lawyer, it’s important to understand the nuances of this section so you can properly advise and represent clients. This article will provide an overview of 2C:18-4 and discuss key considerations for legal practitioners.

Overview of 2C:18-4

Section 2C:18-4 lays out the definitions of “structure,” “facility,” and “lands” for the purposes of trespassing crimes in New Jersey.

In essence, it states that any building or other structure, such as a house, office, store, apartment, etc., is covered. It also covers places like ports, airports, train stations, bus terminals, and highway rest stops. Additionally, all lands owned by the state or local government entities are included, as well as college/university campuses and grounds owned by private schools.

Some key points:

• “Lands” encompasses any kind of real property, improved or unimproved. So this covers remote rural areas, parks, beaches, fields, vacant lots, and so on.
• The law specifies that lands can include surface waters such as lakes, streams, reservoirs, and swimming pools.
• Lands owned by quasi-public entities like utility companies are also covered.
• Section 2C:18-4 even extends to cargo containers, regardless of their location.

Key Considerations for Lawyers

As a legal practitioner, there are some important things to keep in mind regarding 2C:18-4:

Trespassing Charges

Prosecutors often bring charges under 2C:18-3 (trespassing) in conjunction with 2C:18-4. So you’ll need to analyze both statutes when defending clients in trespassing cases. Look for deficiencies in the state’s argument about the nature of the “lands” involved.

Definitions and Boundaries

The definitions of structures, facilities, and lands in 2C:18-4 are broad. But there can still be ambiguity around the boundaries and status of a property. This may provide opportunities to challenge a trespassing charge if the property’s ownership or limits are unclear.

Intent

Trespassing requires intentional unauthorized entry onto lands. If your client seems to have entered a property mistakenly or due to vagueness about its boundaries, highlight this to undermine accusations of intentional trespassing.

Private Lands

Section 2C:18-4 specifically covers public property and lands owned by certain quasi-public entities. But unauthorized entry onto private lands can still be trespassing under common law. So the statute does not fully delimit the scope of trespassing crimes in NJ.

Penalties

It’s important to understand the penalties for trespassing convictions under 2C:18-3 and 2C:18-4. These include fines and possible jail time, depending on the circumstances. As a lawyer, having a sense of the potential sentences can inform plea negotiations and sentencing arguments.

Defenses

There are various defenses that may apply in trespassing cases, such as necessity (entering lands to prevent greater harm) or competing property rights/easements. Carefully evaluate if any of these defenses could exonerate your client or help secure a favorable plea deal.