This bill amends N.J.S.2C:18-3 to establish a new third-degree crime for individuals who trespass into the dwelling of a victim of domestic violence, specifically when a domestic violence restraining order is in effect against the trespasser. The bill stipulates that if a restraining order is in place, or if the trespasser has been previously convicted or charged with a crime related to domestic violence involving the victim, there is a rebuttable presumption that the trespasser intended to cause annoyance or injury or to commit a crime. Additionally, the bill specifies that the presumption of nonimprisonment does not apply to those convicted under this provision.

The bill also retains existing provisions regarding unlicensed entry into structures and defines various degrees of trespassing offenses. It clarifies that unlicensed entry into certain facilities, including schools and utility properties, remains a fourth-degree crime, while defiant trespassers may face a petty disorderly persons offense. The overall intent of the bill is to enhance protections for victims of domestic violence by imposing stricter penalties on those who violate restraining orders through unlawful entry. A third-degree crime is punishable by three to five years of imprisonment, a fine of up to $15,000, or both.