Summary#
A-5666, “Upgrades trespass in or upon casino gaming property to fourth degree crime,” would amend New Jersey’s existing criminal trespass law; it would not create a separate law or agency. Its stated goal is to make trespass on defined casino gaming property a fourth-degree crime. The bill is introduced and is not law.
- A person who knowingly enters or secretly remains in a structure without permission could face a fourth-degree charge if the trespass is in or upon a licensed casino and hotel complex approved by the Casino Control Commission and regulated by the Division of Gaming Enforcement for casino operations.
- The bill lists casino gaming property alongside other locations where this form of trespass is a fourth-degree crime, including schools, homes, research facilities, utility property, and certain airport areas.
- A fourth-degree crime is punishable by up to 18 months in prison, a fine of up to $10,000, or both. The bill’s statement says casino trespass is generally now treated as petty disorderly persons trespass, punishable by up to 30 days in jail, a $500 fine, or both.
- The bill also revises wording and definitions in the trespass law. The supplied material does not include the current parent statute, so the full effect of those changes cannot be independently checked.
What it means for you#
- People entering casino property: The bill would raise the possible charge if you knowingly enter or secretly remain in a structure without permission and the trespass is in or upon defined casino gaming property. A person’s knowledge that they lack permission is part of the offense.
- People with permission to enter: The bill does not make ordinary entry into a casino or hotel a crime. It retains defenses for certain situations, including when a structure is open to the public and the person follows lawful access conditions, or when the person reasonably believes they have permission.
- Casino operators: The bill does not require casinos to change their security practices or create a new reporting or enforcement process.
- People charged with trespass: The bill does not set out new rules for how charges are brought, decided, or appealed.
Money#
No publicly available information about public implementation or enforcement costs.
- The bill states that a fourth-degree crime carries a possible fine of up to $10,000. It does not estimate fines collected or public costs.
- It does not set a new fee or provide a spending appropriation.
What is unclear#
- The bill defines casino gaming property as a licensed casino and hotel complex, but does not say exactly which parts of a complex count. It is unclear how the wording applies to outdoor areas or other places that are not structures.
- The bill does not explain how the new penalty would interact with existing casino trespass rules or processes.
- The bill also changes wording about which locations are covered by criminal trespass law. Without the current statute, it is unclear whether these edits change the law’s coverage for locations other than casinos.
- The bill says it would take effect immediately if enacted, but passage is uncertain because it is only introduced.
Case for#
- The bill appears intended to treat unauthorized entry at casino gaming property as more serious than ordinary trespass.
- A possible argument for the higher penalty is that it could give prosecutors a stronger penalty option for knowing, unauthorized entry at these properties.
- The bill defines the covered casino property by reference to casino licensing and state regulation, rather than applying the higher penalty to any business.
Case against#
- One concern is that the possible penalty rises substantially: from up to 30 days in jail and a $500 fine to up to 18 months and a $10,000 fine.
- The bill does not clearly explain which areas within a casino and hotel complex are covered, which could make the reach of the higher penalty uncertain.
- The bill does not provide new procedures or explain how the new penalty would fit with existing casino trespass processes.