Are more Pokemon Go Trespassing Lawsuits in the Works?

Posted August 8th, 2016 by .

Categories: Criminal Defense.

trespassing laws anthony carboneA couple of weeks ago, we discussed the phenomenon of Pokemon Go is a new distraction for New Jersey drivers. But a new lawsuit brings up another problem the game presents — trespassing.

A New Jersey man has currently brought forward a lawsuit against game makers Nintendo, the Pokemon Company, and Pokemon Go developers Niantic, claiming that the game is encouraging people trespass on his property and the defendants are profiting off the trespassers. According to the court filing, the game had placed a Pokemon in the plaintiff’s backyard, causing “at least five individuals” to knock on his door and ask for access in order to capture the character. According to the plaintiff, the presence of the Pokemon on his property as well as nearby “gyms” has diminished his enjoyment of his home.

In response, the game now has a popup screen warning users not the trespass while playing the game. However, this is probably not the only person who will be complaining trespassing gamers.

Exactly how serious is trespassing in New Jersey? Serious enough to be a criminal offense that includes jail time. First, know there are two types New Jersey recognizes as a crime:

  • Defiant trespassing – a person commits a petty disorderly offense when that person was notified against trespassing but still chose to enter the place. The warning can be verbal, through signage, or fencing.
  • Unlicensed entry of structures – a more serious crime than defiant trespassing, a person who enters a structure without license or privilege to do so has committed disorderly persons offense.

Such penalties for these offense can be 30 days in jail and a $500 fine for defiant trespassing to six months in jail and a $1,000 fine. If the crime was committed on school property or a research facility, it can be considered a fourth-degree crime, punishable up to 18 months in prison and $10,000 in fines.

If you get caught trespassing, you’re going to need a good criminal defense lawyer to help you with your case. Contact the Law Offices of Anthony Carbone today for a free consultation.

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