New Jersey
New Jersey Surveillance Camera Laws (2026 Guide)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 9, 2026. · 2 primary sources cited on this page. How we verify our legal content
New Jersey allows video surveillance cameras on residential and business property with no special permit required. Recording audio triggers one-party consent rules under N.J.S.A. 2A:156A-4, meaning at least one participant in a captured conversation must consent. Cameras in bathrooms or locker rooms are prohibited under the state voyeurism statute.
New Jersey does not have a single, standalone statute that governs all surveillance camera use. Instead, the state regulates cameras through a combination of privacy statutes, wiretapping laws, voyeurism prohibitions, and municipal ordinances. Whether you are installing a home security system, monitoring employees at work, or dealing with a neighbor's camera pointed at your yard, the legal rules depend on the specific situation.
This guide covers every major area of New Jersey surveillance camera law, including the statutes that apply, what is allowed, what is prohibited, and the penalties for violations.
Home Security Cameras in New Jersey
New Jersey homeowners have broad legal authority to install surveillance cameras on their own property. There is no state law that prohibits residential security cameras, and the practice is widely accepted as a reasonable security measure.
What Is Allowed
You may install visible or hidden cameras on the exterior and interior of your home. Cameras may record your front door, driveway, backyard, garage, and common living areas. Video doorbell systems (such as Ring or Nest devices) are legal as long as they are mounted on your own property.
New Jersey law under N.J.S.A. 40:48-1.6 specifically recognizes that private outdoor video surveillance cameras serve a legitimate security purpose. The statute declares that footage from these cameras "may provide useful information for law enforcement officials investigating incidents of criminal activity."
The Audio Recording Restriction
This is where many homeowners run into legal trouble. While video recording on your own property is generally unrestricted, audio recording is governed by the New Jersey Wiretapping and Electronic Surveillance Control Act (N.J.S.A. 2A:156A-1 et seq.).
New Jersey is a one-party consent state for audio recording. Under N.J.S.A. 2A:156A-4, a person may record a conversation if they are a party to it or if one party has given prior consent. However, recording conversations between other people without any party's consent is illegal.
For home security cameras, this means:
- A video-only camera (no microphone) requires no special consent
- A camera with audio recording is legal if you (the homeowner) are participating in the recorded conversation
- Recording conversations between visitors, guests, or household employees when you are not present and no party has consented is a violation of the wiretapping act
Many popular security cameras and video doorbells have built-in microphones enabled by default. Homeowners should review their device settings and understand when audio capture may create legal exposure.
Voluntary Camera Registry Program
Under N.J.S.A. 40:48-1.7, New Jersey municipalities may create voluntary registries for private outdoor surveillance cameras. If your town has adopted this program, you can register your cameras with the local police department to assist with criminal investigations in your area.
Key points about the registry:
- Registration is entirely voluntary
- Registering does not require you to turn over footage to police (unless otherwise required by law, such as a subpoena)
- Registration does not waive any constitutional rights
- Registry information is not a public record and is protected from disclosure except by grand jury subpoena or court order in a criminal matter
The registry requires you to provide your name, contact information, the address where cameras are installed, the number of cameras, the outdoor areas recorded, and how footage is stored.
Workplace Surveillance Cameras
New Jersey employers may use surveillance cameras in the workplace, but the law imposes meaningful restrictions designed to protect employee privacy.
Where Employers Can Place Cameras
Cameras are permitted in areas where employees do not have a reasonable expectation of privacy. Common lawful locations include:
- Entrances and exits
- Lobbies and reception areas
- Warehouse and production floors
- Parking lots and loading docks
- Cash register and point-of-sale areas
- Hallways and common break areas (with notice)
Where Cameras Are Prohibited
Employers may not install cameras in locations where employees have a reasonable expectation of privacy. Prohibited locations include:
- Restrooms and bathrooms
- Locker rooms and changing areas
- Private offices where the door is closed (in some circumstances)
- Lactation rooms
- Any area where employees may be in a state of undress
Placing a camera in these areas could expose an employer to criminal charges under the invasion of privacy statute (N.J.S.A. 2C:14-9) as well as civil liability.
Employee Notification Requirements
While New Jersey does not have a specific statute requiring employers to post signs about video surveillance in all cases, best practices (and the general privacy framework under state law) strongly favor providing written notice to employees. Many employment attorneys recommend that employers include surveillance policies in employee handbooks and obtain written acknowledgment.
Notice also carries direct criminal significance. N.J.S.A. 2C:14-9(d) makes it an affirmative defense to an invasion of privacy charge that the actor gave prior notice of an intent to record and acted with a lawful purpose, so a posted, documented camera policy does more than manage employee relations.
Electronic Monitoring and Tracking Law
Under N.J.S.A. 34:6B-22, an employer who knowingly uses a tracking device in a vehicle used by an employee, without first providing written notice to that employee, is subject to a civil penalty. The requirement applies whether the vehicle is company-owned or personally owned.
The statute defines a "tracking device" as an electronic or mechanical device designed or intended to be used for the sole purpose of tracking the movement of a vehicle, person, or device, and it expressly excludes devices used to document employee expense reimbursement. Because of that sole-purpose limitation, a dedicated GPS unit is squarely covered, while general-purpose electronic monitoring tools are a closer question.
Penalties for violating this law include civil penalties of up to $1,000 for a first violation and up to $2,500 for each subsequent violation, collectible by the Commissioner of Labor and Workforce Development.
The statute's definition of "employer" excludes the Department of Corrections, the State Parole Board, county correctional facilities, any State or local government entity, and any public transportation system.
Hidden Cameras and Voyeurism Laws
New Jersey has strict criminal statutes that prohibit hidden cameras when used to invade someone's privacy. The primary statute is N.J.S.A. 2C:14-9, which criminalizes invasion of privacy through observation or recording.
What the Law Prohibits
Under N.J.S.A. 2C:14-9, the following acts are criminal offenses:
Voyeuristic observation (fourth degree crime): Knowingly observing another person without consent in a place and under circumstances where a reasonable person would expect privacy and might expose intimate parts or engage in sexual activity. This includes using hidden cameras, peepholes, or other devices to watch someone in a private setting.
Recording intimate images without consent: N.J.S.A. 2C:14-9(b) splits into two offenses. Subsection (b)(1) is a third degree crime covering photographing, filming, videotaping, or otherwise recording the image of another person whose intimate parts are exposed, or who is engaged in sexual penetration or sexual contact, without that person's consent and in circumstances where a reasonable person would not expect to be observed. Subsection (b)(2) is a fourth degree crime covering the same kind of nonconsensual recording when it captures only a person's undergarment-clad intimate parts, such as upskirting or downblousing images.
Disclosing intimate images without consent (third degree crime): Sharing or distributing photographs, videos, or recordings of another person's intimate parts or sexual activity without their consent. This provision covers what is commonly known as "revenge porn." A fine of up to $30,000 may be imposed in addition to other penalties for disclosure offenses.
Definition of Intimate Parts
The statute defines "intimate parts" as the sexual organs, genital area, anal area, inner thigh, groin, buttock, or breast of a person.
Notice and Lawful Purpose as an Affirmative Defense
N.J.S.A. 2C:14-9(d) supplies an affirmative defense to a charge under this section. It is a defense that the actor "posted or otherwise provided prior notice to the person of the actor's intent to engage in the conduct specified in subsection a., b., or c." and that the actor "acted with a lawful purpose."
Both elements must be present. Notice alone does not protect a camera installed for a prurient or harassing reason, and a legitimate security motive does not excuse a camera nobody was told about. This is why visible cameras and posted signage matter in practice: a conspicuously posted camera watching a home entry or a business floor for security sits well outside the concealed-camera conduct the statute targets.
The procedural posture matters too. An affirmative defense is something a defendant raises and supports, not a rule that keeps a charge from being filed. Posting notice reduces exposure; it does not make surveillance of a bathroom, bedroom, or changing area lawful.
The statute adds a narrower retail rule in subsection (e): observing or recording a person in the access way, foyer, or entrance to a fitting room or dressing room operated by a retail establishment does not violate subsection a. or b. if the operator conspicuously posts prior notice of that intent at the entrance. Subsection (f) allows no such accommodation for a private dressing stall, where observation or recording is a violation regardless of notice.
Civil Liability for Invasion of Privacy
In addition to criminal penalties, victims of camera-based privacy violations may file a civil lawsuit under N.J.S.A. 2A:58D-1. This statute allows victims to recover:
- Actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation
- Punitive damages (upon proof of willful or reckless disregard of the law)
- Reasonable attorney fees and litigation costs
- Preliminary and equitable relief as the court determines appropriate
Audio Recording Laws in New Jersey
New Jersey's audio recording rules are separate from its video surveillance laws and carry their own set of criminal and civil penalties.
One-Party Consent Rule
Under the New Jersey Wiretapping and Electronic Surveillance Control Act (N.J.S.A. 2A:156A-1 et seq.), it is legal to record a conversation if at least one party to the conversation consents. You do not need to tell the other person you are recording. If you are a participant in the conversation, your own consent is sufficient.
This applies to:
- In-person conversations
- Telephone calls
- Electronic communications (including text messages and video calls)
When Audio Recording Is Illegal
Recording becomes illegal when:
- No party to the conversation has consented to the recording
- The recording is made for the purpose of committing a criminal or tortious act
- The person recording is not a party to the conversation and has not received consent from any party
Under N.J.S.A. 2A:156A-3, anyone who purposely intercepts, discloses, or uses the contents of a wire, electronic, or oral communication in violation of the act is guilty of a crime of the third degree.
Exceptions to the Wiretapping Law
N.J.S.A. 2A:156A-4 provides several exceptions:
- A party to the communication (or someone who has received consent from a party) may record, as long as the recording is not for criminal or tortious purposes
- Law enforcement officers acting under proper authority
- Electronic communications that are readily accessible to the general public
- Radio communications transmitted for public use or relating to ships, aircraft, or persons in distress
Owning a telephone does not, by itself, constitute consent to record conversations on that line. The statute specifically states that being the subscriber to a particular telephone "does not constitute consent effective to authorize interception of communications among parties not including such person."
Neighbor Disputes Over Security Cameras
Conflicts between neighbors over security cameras are increasingly common in New Jersey. The law generally permits homeowners to aim cameras at their own property, even if those cameras incidentally capture portions of a neighbor's property.
What Is Generally Legal
- Pointing a camera at your own front yard, driveway, or property boundary
- Capturing footage of public areas such as sidewalks and streets
- Using visible security cameras that incidentally record a neighbor's exterior property
What May Cross the Line
A camera becomes legally problematic when it is intentionally directed at areas where a neighbor has a reasonable expectation of privacy. Examples include:
- Cameras aimed directly at a neighbor's bedroom or bathroom windows
- Cameras positioned to record inside a neighbor's fenced backyard where they sunbathe or use a hot tub
- Cameras placed with the apparent intent to harass or intimidate rather than for legitimate security
In these situations, the affected neighbor may have grounds for a civil action based on invasion of privacy. New Jersey courts evaluate these disputes based on whether the camera operator had a legitimate security purpose and whether the surveillance unreasonably intruded on the neighbor's privacy.
Exposure in these cases is not purely civil. Under N.J.S.A. 2C:18-3(c), a person commits a crime of the fourth degree by peering "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." A camera deliberately trained on a neighbor's window can fall within that provision, and where the area recorded is one in which a person may expose intimate parts, N.J.S.A. 2C:14-9(a) can apply as well. Subsection (d)(3) of the trespass statute supplies an affirmative defense where the actor reasonably believed the owner, or another person empowered to license access, would have permitted the peering.
HOA and Condominium Rules
If you live in a condominium or homeowners association, additional rules may apply. HOA boards in New Jersey generally have authority to install cameras in common areas such as lobbies, hallways, parking garages, and building entrances.
However, HOA-installed cameras must comply with the same privacy rules that apply to other settings:
- No cameras in areas where residents have a reasonable expectation of privacy
- Video-only recording in common areas (audio recording requires one-party consent)
- If the surveillance system was not part of the original building plans, your master deed or bylaws typically require a membership vote, often a supermajority, before the board installs it. That threshold comes from the association's own governing documents. The Condominium Act (N.J.S.A. 46:8B-14 and 46:8B-15) sets no camera-specific voting requirement
Individual unit owners who wish to install cameras on their own doors, balconies, or limited common elements should check their HOA governing documents, as many associations restrict or regulate exterior modifications.
Nanny Cams in New Jersey
Using a hidden camera to monitor a babysitter, nanny, or other caregiver in your home is legal in New Jersey, subject to important limitations.
What Is Allowed
- Video-only nanny cams in common areas of your home (living room, kitchen, playroom)
- Both hidden and visible cameras are permitted for video-only recording
- Recording to monitor the safety and care of your children
What Is Not Allowed
- Placing a nanny cam in a bathroom, bedroom where the caregiver changes clothes, or any area where the caregiver has a reasonable expectation of privacy
- Recording audio without the caregiver's consent (or without you being a party to the conversation being recorded)
- Using footage to harass, embarrass, or blackmail the caregiver
The safest legal approach is to use video-only cameras in shared living spaces and to inform caregivers that cameras are present. While New Jersey law does not require disclosure for video-only recording in your own home, providing notice reduces the risk of disputes and potential legal challenges. It also lines up with the affirmative defense in N.J.S.A. 2C:14-9(d), which is available to an actor who gave prior notice of an intent to record and acted with a lawful purpose.
Penalties for Surveillance Camera Violations in New Jersey
New Jersey imposes significant criminal and civil penalties for unlawful surveillance activities.
Criminal Penalties
| Offense | Degree | Imprisonment | Fine |
|---|---|---|---|
| Illegal wiretapping / audio recording (N.J.S.A. 2A:156A-3) | Third degree | 3 to 5 years | Up to $15,000 |
| Voyeuristic observation (N.J.S.A. 2C:14-9(a)) | Fourth degree | Up to 18 months | Up to $10,000 |
| Recording intimate images without consent, exposed intimate parts (N.J.S.A. 2C:14-9(b)(1)) | Third degree | 3 to 5 years | Up to $15,000 |
| Recording intimate images without consent, undergarment-clad (N.J.S.A. 2C:14-9(b)(2)) | Fourth degree | Up to 18 months | Up to $10,000 |
| Disclosing intimate images without consent (N.J.S.A. 2C:14-9(c)) | Third degree | 3 to 5 years | Up to $30,000 |
| Employer tracking device violation (N.J.S.A. 34:6B-22) | Civil penalty | N/A | $1,000 first violation; $2,500 each subsequent |
Sentencing ranges for third and fourth degree crimes are established under N.J.S.A. 2C:43-6 (imprisonment) and N.J.S.A. 2C:43-3 (fines).
Civil Remedies
Victims of unlawful surveillance in New Jersey may pursue civil lawsuits under two separate statutes:
Wiretapping violations (N.J.S.A. 2A:156A-24): Any person whose communication was unlawfully intercepted may recover actual damages, with a minimum of $100 per day of violation or $1,000 (whichever is higher), plus punitive damages, attorney fees, and court costs.
Invasion of privacy (N.J.S.A. 2A:58D-1): Victims of unlawful recording or disclosure of intimate images may sue for actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation, plus punitive damages (if the violation was willful or reckless), attorney fees, litigation costs, and equitable relief.
Drone Surveillance in New Jersey
Drones equipped with cameras raise additional legal questions in New Jersey. While the Federal Aviation Administration (FAA) regulates airspace and drone flight rules, New Jersey state law applies to the privacy implications of drone-mounted cameras.
If a drone operator uses a camera to record someone in a location where they have a reasonable expectation of privacy, the voyeurism statute (N.J.S.A. 2C:14-9) may apply. Similarly, if a drone captures audio, the wiretapping act governs that recording.
Several New Jersey municipalities have enacted local ordinances restricting drone use in certain areas, including near schools, parks, and residential neighborhoods. Drone operators should check both FAA regulations and local rules before flying.
Best Practices for Legal Surveillance Camera Use in New Jersey
To stay within the law when using surveillance cameras in New Jersey, follow these guidelines:
- Use video-only cameras whenever possible to avoid wiretapping law issues
- Aim cameras at your own property and minimize the capture of neighboring private areas
- Never place cameras in bathrooms, bedrooms, locker rooms, or other areas where people expect privacy
- Disable audio recording on security cameras and doorbells unless you understand and comply with the one-party consent rule
- Notify employees in writing about workplace camera policies
- Check HOA rules before installing exterior cameras on condos or townhomes
- Register outdoor cameras with your municipality if a voluntary registry program exists
- Store footage securely and do not share recordings of other people without their consent
- Consult a New Jersey attorney if you are unsure about the legality of a specific camera placement
Related New Jersey Camera and Privacy Laws
- New Jersey Recording Laws covers the consent rule that governs camera audio in New Jersey.
- New Jersey Security Camera Recording Rules explains the recording-law side of camera use.
- New Jersey Biometric Privacy Laws addresses facial recognition and biometric data.
- New Jersey Ring Doorbell Laws covers video doorbell rules in New Jersey.
Common Camera Questions
These national guides answer the most common surveillance camera questions:
Frequently Asked Questions
Are home security cameras legal in New Jersey?
Yes. New Jersey homeowners may install video surveillance cameras on their own property for security purposes. Video-only cameras do not require any special consent or notification. However, cameras that record audio must comply with the state's one-party consent wiretapping law (N.J.S.A. 2A:156A-4), meaning at least one participant in any recorded conversation must consent. Cameras must never be placed in areas where others have a reasonable expectation of privacy, such as bathrooms or guest bedrooms.
Can my neighbor legally point a security camera at my property in New Jersey?
Generally, yes, if the camera is on their own property and captures footage for a legitimate security purpose. New Jersey law does not prohibit a neighbor's camera from incidentally recording portions of your exterior property. However, if a camera is deliberately aimed at your windows, private backyard, or other areas where you have a reasonable expectation of privacy, you may have grounds for a civil invasion of privacy claim. The exposure can also be criminal: N.J.S.A. 2C:18-3(c) makes it a fourth degree crime to peer into a window or other opening of a dwelling for the purpose of invading another person's privacy, and N.J.S.A. 2C:14-9(a) reaches observation of a person in circumstances where they may expose intimate parts.
Is it legal to use a nanny cam in New Jersey?
Yes, video-only nanny cams are legal in New Jersey when placed in common areas of your home such as the living room, kitchen, or playroom. You do not need to inform the caregiver about a hidden video camera. However, you may not place cameras in bathrooms or private spaces, and recording audio without at least one-party consent violates New Jersey's wiretapping law. For best results, inform your caregiver about camera use and avoid areas where they have a reasonable expectation of privacy.
What are the penalties for illegal surveillance in New Jersey?
Penalties depend on the specific violation. Illegal wiretapping (recording audio without consent) is a third degree crime carrying 3 to 5 years in prison and fines up to $15,000. Voyeuristic observation is a fourth degree crime with up to 18 months imprisonment and fines up to $10,000. Recording intimate images without consent is a third degree crime (3 to 5 years, fines up to $15,000) when the image shows exposed intimate parts, and a fourth degree crime (up to 18 months, fines up to $10,000) when it shows only undergarment-clad intimate parts. Disclosing intimate images without consent is a third degree crime with 3 to 5 years imprisonment and fines up to $30,000. Victims may also file civil lawsuits for damages, attorney fees, and punitive damages; a civil claim under N.J.S.A. 2A:58D-1 carries a floor of liquidated damages of $1,000 for each violation.
Do employers in New Jersey have to tell employees about surveillance cameras?
New Jersey does not have a single statute requiring employers to post signs about all video surveillance. However, employers must comply with general privacy principles and may face liability if cameras are placed where employees have a reasonable expectation of privacy. For vehicle tracking devices specifically, N.J.S.A. 34:6B-22 requires employers to provide written notice before using a tracking device in a vehicle the employee uses. Best practice is to include a surveillance policy in the employee handbook and obtain written acknowledgment.
Updates
Corrected the New Jersey civil invasion of privacy remedy to include the $1,000 per violation liquidated damages floor, added the notice and lawful purpose affirmative defense under N.J.S.A. 2C:14-9(d) and the criminal peering offense under N.J.S.A. 2C:18-3(c), reframed the condominium supermajority vote as a governing document rule rather than a statutory one, and removed an unverifiable enactment date and a law firm blog cited as authority for the employer tracking device statute.
Split the N.J.S.A. 2C:14-9(b) grading, which the page had presented as a single third-degree offense, into its two real tiers: third degree for recording exposed intimate parts, and a separate, lower fourth-degree offense for recording undergarment-clad intimate parts (upskirting/downblousing), and fixed an FAQ answer that had misstated the recording fine as the higher disclosure-offense fine.
Independently fact-checked against the cited primary sources
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Jersey Statutes (Unannotated)
§ 2C:14-9Invasion of privacy, degree of crime; defenses, privileges.In forcecited in 4 of our articles
1. a. An actor commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, and under circumstances in which a reasonable person would know that another may expose intimate parts or may engage in sexual penetration or sexual contact, he observes another person without that person's consent and under circumstances in which a reasonable person would not expect to be observed. b. (1) An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without that person's consent and under circumstances in which a reasonable person would not expect to be observed.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Also relied on in: New Jersey Voyeurism and Hidden Camera Laws: Statutes and Penalties, New Jersey Security Camera Laws: Home, Business, and HOA Rules, New Jersey Video Recording Laws: What Is Legal and What Is Not
§ 40:48-1.7Private outdoor video surveillance camera registry.In forcecited in 2 of our articles
2. a. A municipality may enact an ordinance to establish a private outdoor video surveillance camera registry and to allow any person who owns a private outdoor video surveillance camera on a residential or business property in the municipality to voluntarily register the camera with the municipal police department or force for the purpose of assisting law enforcement investigations of criminal activity that occurred within the vicinity of the camera's location. The ordinance shall provide that registration of a camera does not constitute a waiver of any rights granted under the Constitution of the United States or the State of New Jersey.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Also relied on in: New Jersey Ring Doorbell Laws: What You Need to Know in 2026
§ 40:48-1.6Findings, declarations relative to private outdoor video surveillance cameras.In force
1. The Legislature finds and declares that:
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
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Sources and References
- N.J.S.A. 2A:156A-3 - Interception, disclosure, use of wire, electronic, oral communication; violation(law.justia.com)
- N.J.S.A. 2A:156A-4 - Lawful interception activities; exceptions(law.justia.com)
- N.J.S.A. 2C:14-9 - Invasion of privacy, degree of crime; defenses, privileges(law.justia.com)
- N.J.S.A. 40:48-1.6 - Findings, declarations relative to private outdoor video surveillance cameras(law.justia.com)
- N.J.S.A. 40:48-1.7 - Private outdoor video surveillance camera registry(law.justia.com)
- N.J.S.A. 2A:156A-24 - Civil action for damages by persons whose communications are intercepted unlawfully(law.justia.com)
- N.J.S.A. 2A:58D-1 - Invasion of privacy, liability, civil action; damages, costs(law.justia.com)
- N.J.S.A. 2C:43-6 - Sentence of imprisonment for crime; ordinary terms(law.justia.com)
- N.J.S.A. 2C:43-3 - Fines and restitutions(law.justia.com)
- NJ Courts - Invasion of Privacy (Observing) Jury Charge 2C:14-9(a)(njcourts.gov).gov
- N.J.S.A. 34:6B-22 - Employer tracking device notice requirement(jacksonlewis.com)
- NJ Attorney General Directive 2021-9 - Protocol for Covert Recordings(nj.gov).gov
- N.J.S.A. 2C:18-3 - Unlicensed entry of structures; defiant trespasser; peering into dwelling places; defenses(law.justia.com)