Knowingly Trespassing on Private Property in New Jersey

In New Jersey, it is illegal to knowingly or recklessly operate a motor vehicle or ride a horse on someone else’s property without permission, according to Section 2C:18-5 of the state’s criminal code. This law prohibits people from intentionally trespassing on private land with a vehicle or horse without the written consent of the owner. Violators face criminal charges, including fines and even jail time.

What Does the Law Say?

The relevant part of Section 2C:18-5 reads:

“It is an offense under this act to: Knowingly or recklessly operate a motorized vehicle or to ride horseback upon the lands of another without obtaining and in possession of the written permission of the owner, occupant, lessee or licensee of the lands.”

This means it is illegal to purposely drive a motor vehicle like a car, motorcycle, ATV, or snowmobile across someone else’s property without their explicit written permission. The law also bans riding horses on private land without written consent.

Simply trespassing on foot does not violate 2C:18-5. The illegal act involves using a motorized vehicle or horse to access private property.

Penalties for Violating the Law

According to Section 2C:18-5, unlawfully operating a motor vehicle or riding a horse on someone else’s land is a fourth-degree crime.

The potential penalties include:

• Up to 18 months in jail
• Fines up to $10,000
• Driver’s license suspension
• Community service
• Probation

The punishments get harsher for repeat offenders. A second violation becomes a third-degree crime with steeper fines and a longer possible jail sentence.

What Constitutes Private Property?

The law applies to any private land, including:

• Backyards
• Farms
• Ranches
• Forests
• Fields
• Trails
• Driveways
• Vacant lots

It does not matter if the property is fenced or posted with “No Trespassing” signs. As long as the land is privately owned and not open to the public, entering on a vehicle or horse requires written permission.

Public land like parks and roads are excluded. You also have a right to use shared access roads crossing private property in New Jersey.

What is Considered Written Permission?

To legally ride on someone else’s property, you need written consent from the landowner, occupant, lessee, or licensee. Verbal permission is not enough.

Acceptable forms of written authorization include:

• Signed letter
• Email
• Text message
• Social media message
• Handwritten note

The written consent should clearly identify the:

• Property location
• Persons permitted to access the land
• Dates and times access is allowed
• Approved activities like riding horses or ATVs

Permission slips should be carried when entering private land and presented if questioned by the owner or police.

When is Trespassing Considered Reckless?

You can face charges for “recklessly” trespassing under 2C:18-5. This applies if you consciously ignore risks that should be obvious to a reasonable person.

For example, recklessly trespassing may involve:

• Ignoring clearly posted “No Trespassing” signs
• Entering land after being told not to
• Riding through a backyard instead of using a driveway
• Driving over obviously cultivated fields or crops
• Speeding down trails late at night

Such reckless acts demonstrate blatant disregard for property rights. Even without written permission, you cannot claim the trespassing was an innocent mistake.

Consequences of a Conviction

Being convicted of unlawful trespass under Section 2C:18-5 can negatively impact your life for years. It creates a permanent criminal record visible to employers, landlords, schools, and others performing background checks.

You may lose your driver’s license for up to two years, which can severely limit work and education opportunities. Fines, legal fees, and increased insurance rates add financial stress. Jail time disrupts families and jobs.

Avoiding Trouble

To steer clear of trespassing charges in New Jersey:

• Don’t ride on private property without getting written consent first
• Watch for “No Trespassing” and “Private Property” signs
• Don’t assume vacant land or trails are public
• Follow marked roads and trails
• Avoid “shortcutting” across random properties
• Respect gates, fences and natural boundaries
• Don’t ride on agricultural land
• Obey all posted access restrictions
• Politely leave if asked by the owner

When in doubt, take the time to get explicit written permission before entering on a motor vehicle or horseback. It can save you from criminal penalties down the road.