The following statutes were amended to expand the laws regarding trespass and vandalism on agricultural and horticultural lands.
N.J.S.A. 2C:18-5. Riding on Lands; Damaging Property on Lands. (Amended by L. 2018 C. 121, effective October 4, 2018)
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 thereof.
- Knowingly or recklessly damage or injure any tangible property, including, but not limited to, any fence, building, feedstocks, crops, live trees, or any domestic animals, located on the lands of another.
The “or licensee” language was likely added to avoid the statute being declared unconstitutional. It is conceivable that someone licensed to be on another person’s land would be the only person available to give permission to operate a motorized vehicle or ride a horse. If permission was given, there would be due process issues with charging the person who received permission with a criminal offense.
N.J.S.A. 2C:18-6. Penalty. (Amended by L. 2018 C. 121, effective October 4, 2018)
- An offense pursuant to section 2 of 2C:18-5 is a crime of the third degree if the actor causes pecuniary loss of $2,000.00 or more; a crime of the fourth degree if the actor causes pecuniary loss in excess of $500.00 but less than $2,000.00; and a disorderly persons offense if he causes pecuniary loss of $500.00 or less.
- The provisions of N.J.S. 2C:43-3 to the contrary notwithstanding, in addition to any other sentence which the court may impose, a person convicted of an offense under this act shall be sentenced to make restitution, and to pay a fine of not less than $500.00 if the offense is a crime of the third degree; to pay a fine of not less than $200.00 if the offense is a crime of the fourth degree; and to pay a fine of not less than $100.00 when the conviction is of a disorderly persons offense.
