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UER Forum > UE Main > Decommissioned Power Plants? (Viewed 4856 times)
Dee Ashley 


Location: DFW, Texas
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Re: Decommissioned Power Plants?
< Reply # 20 on 2/5/2019 4:36 AM >
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Posted on Forum: UER Forum
Posted by Rinzler
In New Jersey it’s an indictable crime which compares to felonies in other states.

2C:18-3
Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses.

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


"Peering into dwelling places?" As in, voyeurism?
"Defiant trespasser?" That's... different.
And I thought Texas had weird statutes!

By the way, I had some legal issues of my own recently and my trespassing charge was enhanced to "trespass of a habitation (which I'm assuming is legally synonymous with "dwelling)," which made it a class A misdemeanor even though the home had been vacant for several years and destined to be demolished once the property sold. I doubt it happens too often, but if they really want to throw the book at you, the dwelling/habitation doesn't always have to be lived in at the time. Just thought I'd throw that out there.




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Rinzler 


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Re: Decommissioned Power Plants?
< Reply # 21 on 2/5/2019 11:38 AM >
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Posted by blackhawk


They can bone you hard in NJ if want too and nail you with state trespassing and/or loitering.
If they're in a nice mood they might make it municipal trespass; roughly the same as a misdemeanor.
Also agricultural trespassing, which is about the same as a felony as well.
911 fucked exploring up bad...



Well it goes to superior court if it’s a indictable crime which is anything over a misdemeanor. Anything that’s a misdemeanor goes to municipal court. I doubt they’ll add on loitering when they’re charging you with a 3rd/4th degree crime. Indictable crimes that aren’t serious offenses almost always get lowered to municipal by the AP.




Rinzler 


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Re: Decommissioned Power Plants?
< Reply # 22 on 2/5/2019 11:41 AM >
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Posted by Dee Ashley


"Peering into dwelling places?" As in, voyeurism?
"Defiant trespasser?" That's... different.
And I thought Texas had weird statutes!

By the way, I had some legal issues of my own recently and my trespassing charge was enhanced to "trespass of a habitation (which I'm assuming is legally synonymous with "dwelling)," which made it a class A misdemeanor even though the home had been vacant for several years and destined to be demolished once the property sold. I doubt it happens too often, but if they really want to throw the book at you, the dwelling/habitation doesn't always have to be lived in at the time. Just thought I'd throw that out there.


Defiant is if you’re on the property around a place. Criminal trespassing is if you’re inside somewhere. Not every criminal is serious but it depends on if you’re in a house, school, research facility and so on. And yes, they mean voyeurism haha




EsseXploreR 


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Re: Decommissioned Power Plants?
< Reply # 23 on 2/5/2019 12:47 PM >
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Posted by Rinzler


Defiant is if you’re on the property around a place. Criminal trespassing is if you’re inside somewhere. Not every criminal is serious but it depends on if you’re in a house, school, research facility and so on. And yes, they mean voyeurism haha


You would know better, but I thought defiant trespass was if the property was posted, or if the subject was told to leave and refused or returned? I was charged with defiant trespass when I got popped at Overbrook and we were caught inside.




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Mr. Bitey 


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Re: Decommissioned Power Plants?
< Reply # 24 on 2/5/2019 3:56 PM >
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7 years ago Nightskye, a since absent UER member, went through the trouble of looking up and posting the trespass law statutes up in every state:

https://www.uer.ca...urrpage=1&pp#post0



[last edit 2/5/2019 3:56 PM by Mr. Bitey - edited 1 times]

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Rinzler 


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Re: Decommissioned Power Plants?
< Reply # 25 on 2/5/2019 5:52 PM >
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Posted by EsseXploreR


You would know better, but I thought defiant trespass was if the property was posted, or if the subject was told to leave and refused or returned? I was charged with defiant trespass when I got popped at Overbrook and we were caught inside.



Let me rephrase that. If you’re caught inside an inhabited house or certain types of properties it’s criminal. Anything abandoned or that isn’t listed as a 4th degree is defiant. Defiant is basic trespassing.

The cop can also charge you with burglary in some cases, especially if the person is being an asshole.



[last edit 2/5/2019 5:54 PM by Rinzler - edited 2 times]

blackhawk 

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Re: Decommissioned Power Plants?
< Reply # 26 on 2/5/2019 7:22 PM >
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Posted by Rinzler


Well it goes to superior court if it’s a indictable crime which is anything over a misdemeanor. Anything that’s a misdemeanor goes to municipal court. I doubt they’ll add on loitering when they’re charging you with a 3rd/4th degree crime. Indictable crimes that aren’t serious offenses almost always get lowered to municipal by the AP.


They were real pissed at first; charged me with state loitering and trespassing.
It wasn't until the Lt looked it over that things started to level out. They released me a few hours latter... they didn't have to do that.
Talked with the police chief for close to 30 minutes a week latter.
It was with his intervention that the prosecutor dropped down the charges to municipal. Still cost me somewhere around $650 in fines alone.
However didn't need a lawyer and not on my record.
I caused them a -lot- of trouble.
Good as it gets.
They could also charged me with agricultural trespass; my shit was weak.
Being calm, compliant and using effective communication when appropriate can go a long way with LEOs.




Just when I thought I was out... they pulled me back in.
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