Bill Text: NJ S4525 | 2026-2027 | Regular Session | Introduced
Bill Title: Upgrades trespass in or upon casino gaming property to fourth degree crime.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced) 2026-06-26 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S4525 Detail]
Download: New_Jersey-2026-S4525-Introduced.html
Sponsored by:
Senator VINCENT J. POLISTINA
District 2 (Atlantic)
SYNOPSIS
Upgrades trespass in or upon casino gaming property to fourth degree crime.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning criminal trespass and amending N.J.S.2C:18-1 and 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:18-1 is amended to read as follows:
2C:18-1. In this chapter, unless a different meaning [plainly is] is plainly required:
"Casino gaming property" means a licensed casino and hotel complex approved by the Casino Control Commission and regulated by the Division of Gaming Enforcement for casino operations.
["Structure" means any building, room, ship, vessel, car, vehicle, or airplane and also means any place for carrying on business therein, whether or not a person is actually present.
"Utility Company Property" means property owned by a public utility, as defined in R.S.48:2-13, or by a municipality, county, water district, authority, or other public agency and which is used for the purpose of providing electric, gas or water utility service.]
"Operational area" means [any] a portion of a public airport, from which access by the public is prohibited by fences or appropriate signs, and includes runways, taxiways, all ramps, cargo ramps and apron areas, aircraft parking and storage areas, fuel storage areas, maintenance areas, and any other area of a public airport used or intended to be used for landing, takeoff or surface maneuvering of aircraft.
"Residential dwelling or accommodation" means a permanent structure intended as and currently being utilized as a residence by a private person or persons and any place adapted for overnight accommodation of persons.
"Sterile area" means a portion of an airport, as set forth in an airport security program approved by the Transportation Security Administration, that provides passengers access to boarding aircraft and to which the access generally is controlled by the Transportation Security Administration, an aircraft operator pursuant to 49 C.F.R. part 1544, or an air carrier pursuant to 49 C.F.R. part 1546, through the screening of persons and property.
"Structure" means a building, room, ship, vessel, car, vehicle, or airplane and also means a place for carrying on business therein, whether or not a person is actually present.
["Residential dwelling or accommodation" means a permanent structure intended as and currently being utilized as a residence by a private person or persons and any place adapted for overnight accommodation of persons.]
"Utility company property" means property owned by a public utility, as defined in R.S.48:2-13, or by a municipality, county, water district, authority, or other public agency and which is used for the purpose of providing electric, gas, or water utility service.
2. N.J.S.2C:18-3 is amended to read as follows:
2C:18-3. a. Unlicensed entry of structures. A person commits [an] a disorderly persons 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,] a 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.] or upon:
(1) a school or school property;
(2) a residential dwelling or accommodation;
(3) a research facility;
(4) a power generation facility;
(5) a waste treatment facility;
(6) a public sewage facility;
(7) a water treatment facility;
(8) a public water facility;
(9) a nuclear electric generating plant;
(10) a facility which stores, generates, or handles a hazardous chemical or a chemical compound;
(11) a utility company property;
(12) a sterile area or operational area of an airport; or
(13) a casino gaming property.
b. Defiant [trespasser] trespass. A person commits a petty disorderly persons offense if, knowing that [he] the person is not licensed or privileged to do so, [he] the person enters or remains in [any] a 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 a residential dwelling [places] or accommodation. 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 residential dwelling or [other structure adapted for overnight accommodation] accommodation for the purpose of invading the privacy of another person and under circumstances in which a reasonable person in the residential dwelling or [other structure] accommodation 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 [he] the actor to enter or remain, or, in the case of subsection c. of this section, to peer.
(cf: P.L.2013, c.138, s.2)
3. This act shall take effect immediately.
STATEMENT
This bill provides that trespass in or upon a casino gaming property is a crime of the fourth degree.
A crime of the fourth degree is punishable by imprisonment for up to 18 months, a fine of up to $10,000, or both.
Under current law, trespass in or upon a casino gaming property is generally considered a "defiant trespass," a petty disorderly persons offense, under State law. A petty disorderly persons offense is punishable by imprisonment for up to 30 days, a fine of up to $500, or both.
The bill defines a "casino gaming property" as a licensed casino and hotel complex approved by the Casino Control Commission and regulated by the Division of Gaming Enforcement for casino operations.
In addition, the bill amends statutes pertaining to criminal trespass to clarify locations subject to enhanced penalties for criminal trespass, align definitions used in the statutes with P.L.2024, c.83, and enhance readability.
