This bill revises the offense of agricultural trespass by expanding the definition of "lands" susceptible to such trespass and broadening the range of activities that constitute the offense. The updated definition of "lands" now includes various types of agricultural and horticultural lands, such as plowed fields, cranberry bogs, orchards, nurseries, and appurtenant woodland, as well as land used for maintaining agricultural equipment. The bill also eliminates the requirement for knowledge or recklessness to be established as an element of the offense, allowing for a broader interpretation of trespass activities.

Under the new provisions, individuals who enter or remain on another's agricultural land without permission, or who damage property on such lands, will face civil penalties. A minimum penalty of $100 applies to general trespassing, while more severe penalties, up to $1,000, are imposed for specific actions like operating vehicles or equipment without permission or causing damage. Additionally, the bill clarifies that landowners must post conspicuous notices prohibiting trespass on certain waters and banks to establish a violation. Overall, the bill aims to enhance protections for agricultural lands and streamline the enforcement of trespass laws.

Statutes affected:
Introduced: 2C:18-4, 2C:18-5