New Jersey’s boardwalks are popular for local residents and tourists alike. They are hot spots for informal social gatherings and for outdoor exercise. They can also attract disruptive individuals late at night and put people at risk of criminal activity if they encounter the wrong individuals late at night when few people are out on the boardwalks.
As of May 13, 2026, the Wildwood boardwalk closes overnight between 1 a.m. and 5 a.m. Some people may visit the boardwalk anyway, and they could end up arrested due to trespassing allegations as a result. They may have simply been out for a jog early before work or after a long day at a second-shift job with no intent to break the law.
Those accused of trespassing in New Jersey may need assistance, as potential penalties can be more serious than they might initially realize.
What constitutes trespassing, and what are the penalties?
Entering or remaining on private property without permission can lead to trespassing charges. Any verbal warnings or posted signage can serve as legal notice that people cannot access the property without permission.
The state treats trespassing as a petty disorderly persons offense. The penalties could include up to 30 days in jail and a $500 fine. The penalties may increase in special circumstances, such as when a trespasser repeatedly ignores verbal or posted notices. In some cases, the state can treat trespassing as a standard disorderly person offense, which carries up to six months in jail and $1,000 in fines.
More serious charges are possible in cases involving unauthorized access to dwellings, schools, utility facilities and hazardous facilities. Unlike burglary charges, which also relate to unlawful access to private property, trespassing allegations do not require any proof of criminal intent beyond being present in a location where that presence is not authorized.
While trespassing may not be the most serious criminal offense, it is still a blemish that turns up on a background check and a crime that carries noteworthy penalties. Discussing trespassing allegations with a criminal defense attorney can help people understand their rights. A lawyer can help those accused of trespassing exonerate themselves or minimize the lasting consequences of those accusations.