A person commits an offense if, knowing that he is not licensed
or privileged to do so, he enters or surreptitiously remains in any
research facility, structure, or separately secured or occupied portion
thereof, 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.
A person commits a petty disorderly persons offense if, knowing
that he is not licensed or privileged to do so, he enters or remains
in any place as to which notice against trespass is given by:
A. Actual communication to the actor; or
B. Posting in a manner prescribed by law or reasonably likely to come
to the attention of intruders; or
C. Fencing or other enclosure manifestly designed to exclude intruders.
A person commits a crime of the fourth degree if, knowing that
he is not licensed or privileged to do so, he peers into a window
or other opening of a dwelling or other structure adapted for overnight
accommodation for the purpose of invading the privacy of another person
and under circumstances in which a reasonable person in the dwelling
or other structure would not expect to be observed.
It is an affirmative defense to prosecution under this section
that:
A. A structure involved in an offense under §Â
361-1 was abandoned; or
B. 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
C. The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of §
361-3 of this chapter, to peer.