Burglary and Criminal Trespass in New Jersey

New Jersey prohibits unauthorized entry into a building or onto another's property through its burglary and trespass laws. Entry without permission can be charged with trespass. An unauthorized entry plus the intent to commit an offense can be charged with burglary, a more serious offense. This article will discuss the elements of these crimes and their penalties.

What Is Burglary in New Jersey?

In the past, common law defined burglary as breaking and entering into a home at night with the intent to commit a felony inside. Today, almost all states—including New Jersey—have done away with most or all of these requirements.

In New Jersey, a person commits the crime of burglary by entering or remaining (in hiding or in secret) in a structure without permission and with the intent to commit any offense (indictable or disorderly persons offense) inside.

What Is a Structure?

New Jersey's burglary law applies to structures, which includes buildings, rooms, ships, vehicles, airplanes, and places for carrying on a business. Garages, sheds, and stores are structures, as are boats, cars, and trucks.

Permanent structures used as a residence or any place adapted for overnight accommodations are considered "residential dwellings or accommodations." Examples include houses, apartments, dorm rooms, and hotel rooms. Burglarizing a residence carries harsher penalties than burglarizing other structures.

What Does It Mean to Enter or Remain Without Permission?

A defendant can enter or remain in a structure without permission in multiple ways.

Entry without permission. While a forced entry (like picking a lock or prying open a door with a crowbar) is an unlawful entry, burglary crimes don't require a force or breaking. Any intrusion, however slight and without authorization, constitutes an entry, such as pushing open an unlocked door or lifting up a window and reaching inside. The law also prohibits entry into a structure (such as a store) when it's not open to the public. Similarly, an entry without permission occurs when a non-employee enters into the attached warehouse, employee breakroom, manager's office, or any other part of the store that is not accessible to the public and does so without permission. A person who gains entry through deception also enters without permission. For example, a victim's invitation for the defendant to enter her hotel room did not constitute permission when the defendant falsely claimed to be an FBI agent.

Remain without permission. Remaining in a structure without permission occurs when the initial entry was permitted but the person secretly stays within the structure after that permission expires. For instance, say the offender enters a store during open business hours but then hides in the restrooms after closing time intending to steal high-end items from the store—this act would constitute remaining without permission.

How Do Prosecutors Prove Intent to Commit a Crime?

The crime of burglary occurs as soon as the defendant enters the structure with the illicit intent, even if the intended crime or offense never occurs. If the intended crime is completed or attempted, the defendant could face those charges on top of the burglary charges.

In order to convict a person of burglary, the prosecuting attorney must prove beyond a reasonable doubt that the defendant entered the structure with the intent to commit an offense inside. The defendant's illicit intention is generally determined by the circumstances. The prosecutor doesn't need to establish exactly what was going through the defendant's head. For instance, if someone runs from a police officer and breaks into a person's home to hide, it could be inferred that the person entered the house in order to elude the police, which is a crime.

What Are the Penalties for Burglary in New Jersey?

New Jersey divides burglary offenses into three classifications: home invasion burglary, residential burglary, and burglary of structures. Both home invasions and residential burglaries apply when the burglarized structure falls under the definition of "residential dwelling or accommodation."

Home Invasion Burglary

The harshest penalties apply when a person commits an armed home invasion or injures or threatens to injure an occupant. An armed home invasion occurs whether the burglar is actually armed or displays what appears to be a weapon or explosive.

A person convicted of home invasion commits a crime of the first degree, punishable by 10 to 20 years of prison time and a fine of up to $200,000. Convicted individuals must serve at least 85% of their prison term.

Residential Burglary

All other burglaries of residential dwellings and accommodations are crimes of the second degree. Penalties include prison terms of 5 to 10 years and fines of up to $150,000. Like home invasions, convicted individuals must serve at least 85% of their prison term unless they can prove that they reasonably believed no one was home at the time of the offense.

Burglary of Structures

A person convicted of burglarizing a structure other than a residential dwelling will face a penalty for either a crime of the second or third degree depending on the circumstances involved.

Burglary is a crime of second degree if the offender harms or tries to harm anyone or is armed or appears armed. A conviction means 5 to 10 years of prison time and a $150,000 fine. In all other cases, burglary is a crime of the third degree, punishable by 3 to 5 years in prison and a fine of up to $15,000.

Possession of Burglar Tools

New Jersey, like many states, also criminalizes possessing or making any tool or implement designed or commonly used to force entry or commit theft. To be a crime, the person must make or possess the tool with the intent of using it to commit a crime or giving or selling it to someone else for that purpose. The law also makes it a crime to publish instructions on how to use or make burglary tools. Making or publishing instructions for burglar tools is a crime of the fourth degree and carries up to 18 months in prison. Other violations are disorderly person offenses, subject to up to 6 months of jail time.

(N.J. Stat. §§ 2C:5-5, 2C:18-1, 2C:18-2 , 2C:18-2.1, 2C:18-2.2 (2025).)

What Is Criminal Trespass in New Jersey?

Under New Jersey law, a person commits the crime of criminal trespass by unlawfully entering onto any property, including a structure, land, research facility, or a separately secured portion of a structure. Unlike burglary, criminal trespass does not require the offender to enter the property with the intent to commit a crime. The mere unauthorized entrance or remaining completes the crime.

What Are the Penalties for Criminal Trespass in New Jersey?

The penalties for criminal trespass range from a petty disorderly persons offense to a crime of the fourth degree. The severity of punishment depends on the circumstances surrounding the crime.

Trespassing of Homes, Schools, Airports, and Facilities

The law punishes trespass more severely if the structure is:

• a school or a building on school property
• a dwelling (where people sleep)
• the secure portion of an airport
• a utility company, or
• a research facility, power facility, waste or water treatment facility, or any similar facility.

A defendant guilty of a crime of the fourth degree faces penalties of up to 18 months in prison and a $10,000 fine.

Trespassing of Other Structures

Trespassing on most other structures constitutes a disorderly persons offense. A person guilty of this offense faces up to six months of incarceration and a $1,000 fine.

Trepassing After Notice

The law considers a person who enters or remains in any place where notice against trespassing is given through verbal or other communication (such as a posted sign or fence) as a defiant trespasser. Defiant trespassing is a petty disorderly persons offense punishable by up to 30 days in jail and a $500 fine.

Defenses to Trespassing Charges

The law allows for several affirmative defenses for criminal trespass:

• the building was abandoned
• the building was open to the public and the defendant did not go anywhere the public was not permitted, or
• the defendant reasonably believed the owner (or some other person in charge) would have allowed the defendant into the building.

(N.J. Stat. § 2C:18-3 (2025).)

Obtaining Legal Assistance

If you're charged with any crime in New Jersey, talk to a criminal defense attorney. You can ask the court for a public defender if you can't afford a private attorney. Working with a lawyer is the best way to protect your rights.