Establishes third degree crime for certain trespasses involving victim of domestic violence.

2026-2027 Regular Session Introduced by Carol Murphy

Creates a third-degree residential burglary offense when a DV victim with a final restraining order is trespassed with intent to injure or commit a crime.

Introduced, Referred to Assembly Judiciary Committee

Bill Summary: A 4191 (Session 222) – New Jersey

Main purpose and intent

A 4191 aims to strengthen penalties for trespass into the dwelling of a domestic violence victim who is protected by a final restraining order (FRO). Specifically, it creates a third-degree crime of residential burglary when the trespass involves a victim of domestic violence and the actor intends to cause injury or commit a crime, with additional presumptions affecting culpability and sentencing.

Key provisions and changes

Amends existing residential burglary provisions (N.J.S.2C:18-3) to establish a new third-degree offense in certain DV contexts.

New threshold for third degree residential burglary:

If, with the intent to cause injury or to commit a crime, the person enters the residential dwelling of a DV victim who is protected by a final restraining order against the actor.

Presumptions elevating culpability:

If a final restraining order is in place against the actor, or if the actor has been convicted of or charged with a crime arising from a domestic violence incident involving the victim, there is a rebuttable presumption that the actor entered with the intent to cause injury or commit a crime.
The bill specifies that the presumption of nonimprisonment (the general rule allowing nonincarceration under certain conditions) does not apply to persons convicted under this provision.

Additional context on residential burglary (existing framework):

The act clarifies factors around entry or surreptitious remaining in a dwelling, with or without knowledge of others’ presence, and sets distinctions between degrees based on intent and circumstances.

Effective date: Immediate upon enactment.

Who/what is affected

Potentially affected individuals:

Defendants accused of residential burglary whose entry into a DV victim’s residence occurs under the circumstances described (intent to injure or commit another crime, with a DV victim under an FRO).
DV victims protected by final restraining orders against the actor.

Legal and criminal justice system:

Prosecutors would utilize the new third-degree offense and presumptions to pursue enhanced charges.
Courts would apply the stricter penalties and the presumption provisions in trials and sentencing.

Procedural and timeline aspects

Status: Introduced and referred to the Assembly Judiciary Committee (as of the action history). Co-sponsor: Carol Murphy.

Immediate effect: If enacted, the changes take effect immediately upon publication, according to the bill text.

Penalties

A third-degree crime is punishable by 3 to 5 years in prison, with a potential fine of up to $15,000, or both.

Practical implications

The bill tightens protections for DV victims by elevating trespass into their dwellings to a higher offense when there is intent to harm or commit another crime and a protective order is involved.

It creates a rebuttable presumption to facilitate prosecutorial burden of proof in DV-related burglary cases, while explicitly limiting the applicability of nonincarceration presumptions.