New Jersey Section 2C:18-6 – Offenses; Penalties; Restitution

Section 2C:18-6 of the New Jersey Code of Criminal Justice outlines the offenses, penalties, and restitution requirements for trespassing and criminal mischief crimes in the state. This section provides important details on the classification and punishment of these property crimes.

Overview of 2C:18-6

The key components of 2C:18-6 include:

• Offense classification – Trespassing and criminal mischief offenses are classified as disorders, petty disorders, or crimes of the 3rd, 4th, or 2nd degree depending on the circumstances.
• Penalties – The section lays out fines, jail time, and other penalties associated with each offense class. More severe offenses carry stricter punishments.
• Restitution – Courts can order restitution to compensate victims for losses from damaged or stolen property. Minimum restitution amounts are specified.

The statute covers various types of trespassing and property damage. The seriousness of the offense determines how it is classified and punished.

Trespassing Offenses and Penalties

2C:18-6 categorizes trespassing crimes based on the nature of the trespass:

• Defiant trespasser – Knowingly enters or remains in any place despite notice prohibiting entry. Disorderly persons offense if in defiance of order by owner personally communicated. Petty disorderly persons offense in all other cases[1].
• Peering into windows or other openings – Attempts to peer into dwelling places under circumstances violating privacy. Disorderly persons offense[2].
• Trespass on school property – Trespasses on school grounds when forbidden to enter. Disorderly persons offense[3].
• Trespass on railroad property – Enters or remains on railroad property such as tracks, bridges, stations, tunnels, yards, etc. Petty disorderly persons offense[4].
• Trespass in parks/recreational areas – Being in parks or recreational areas after hours. Petty disorderly persons offense[5].
• Trespass on private property – Knowingly enters or remains on any property without permission. Petty disorderly persons offense if previously warned by owner. Otherwise, violation with fine up to $500.

Penalties for trespassing range from fines for minor violations to potential 6 month jail terms for defiant trespass. Fines, restitution, and community service may also apply.

Criminal Mischief Offenses and Penalties

2C:18-6 also covers criminal mischief involving damage to property:

• Damage between $500- $1,000 – 3rd degree crime with up to 5 years imprisonment and fines up to $15,000.
• Damage between $200 – $500 – 4th degree crime with up to 18 months imprisonment and fines up to $10,000.
• Damage up to $200 – Petty disorderly persons offense with up to 30 days jail time.
• Graffiti – If damage from graffiti is under $500, downgrade to disorderly persons offense.

Higher damage amounts lead to more severe charges. Penalties include jail time, fines, restitution, and community service.

Restitution Requirements

Courts can order restitution to compensate victims for losses and damages under 2C:18-6. Minimum restitution amounts are:

• $500 for 3rd degree trespass/criminal mischief crimes
• $200 for 4th degree crimes
• Full restitution required for petty disorders and violations.

Restitution accounts for value of damaged/stolen property, cleanup costs, and other verifiable losses suffered by the victim.

Defenses

There are defenses that can be raised against trespassing and criminal mischief charges:

• Consent – Being on property with owner’s permission.
• Self-defense – Damaging property to protect yourself or others.
• Necessity – Committing a crime to avoid greater harm.
• Mistake – Honestly believing you had consent or right to be on property.
• Intoxication – Too impaired to form criminal intent.

An experienced criminal defense attorney can assess if any defenses apply to your specific case.

Implications of 2C:18-6

Section 2C:18-6 has important implications for property owners and those charged with trespassing or criminal mischief in New Jersey:

• Deters unlawful entry through threat of penalties.
• Allows victims to recover losses through restitution.
• Stresses proportionality – sentences fit the severity of the crime.
• Gives law enforcement tool to prosecute property intrusions.
• Provides range of defenses to challenge allegations.

Overall, the statute balances interests of property owners, alleged perpetrators, and the justice system. It aims to deter crime while still allowing fair prosecutions.

Conclusion

New Jersey 2C:18-6 is a key statute covering trespassing and criminal mischief offenses. It categorizes crimes based on severity and outlines associated penalties. The law also provides for victim restitution and sets forth possible defenses. Understanding the provisions of 2C:18-6 is important for all parties involved in property crimes in the state.