This bill revises the offense of agricultural trespass by expanding the definition of "lands" and the activities that constitute trespass. It eliminates the requirement for knowledge or recklessness to be established as elements of the offense. Under the new provisions, a person can be deemed to have committed agricultural trespass simply by entering or remaining on another's land without permission, regardless of the mode of entry (on foot, horseback, or using vehicles/equipment). Additionally, the bill clarifies that damaging or injuring tangible property on another's land also constitutes trespass. The civil penalties for such offenses are set at a minimum of $100, with higher penalties for specific actions, including up to $1,000 for operating vehicles or equipment without permission.

The bill also amends the definitions of lands susceptible to agricultural trespass, now including appurtenant woodland that supports agricultural land and land used for maintaining agricultural equipment. It emphasizes the obligation of landowners to post conspicuous notices prohibiting trespass on waters and banks listed for fish stocking before a trespass violation can be established. Overall, the bill aims to enhance protections for agricultural lands and clarify the legal framework surrounding agricultural trespass.

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