Dover police are crediting local residents in the apprehension of an alleged peeping Tom last month. Officers spoke with several witnesses who told police that they had seen a man peering through their neighbor’s windows. Following the reports to police, they apprehended the suspect several blocks away who appeared to have his pants unzippered as well. The witnesses further elaborated that one of the windows in which the suspect was peering was of a 16-year-old female. The defendant was arrested and charged with peering into windows and defiant trespass and his bail was set at $15,000.00 with no ten % option. For additional information, see the Neighbor News article (Dover edition) entitled, “Witnesses help police to catch peeper in Dover”.
Defiant trespass and peering into windows are governed by N.J.S.A. 2C:18-3(b) and (c) respectively and provide in pertinent part:
§ 2C:18-3. Trespassing
a. Unlicensed entry of structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof, or in or upon utility company property. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a dwelling. An offense under this section is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. An offense under this subsection is a crime of the fourth degree if it is committed in or upon utility company property. Otherwise it is a disorderly persons offense.
b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(1) Actual communication to the actor; or
(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
(3) Fencing or other enclosure manifestly designed to exclude intruders.
c. Peering into windows or other openings of dwelling places. A person commits a crime of the fourth degree if, 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.