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Peering
Peering (N.J.S.A. 2C:18-3)
Peering: Peering occurs if the actor 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.
4th Degree Offense: Peering is a crime in the 4th degree which is punishable by up to 18 months in prison.
Defenses to Peering: Under N.J.S.A. 2C:18-3(d), it is an affirmative defense to prosecution for trespass that:
Structure Abandoned: The structure involved was abandoned.
Structure Open to the Public: 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.
Reasonably Believed Had Permission: 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 peer.