708-816 Defense to trespass. It is a defense to prosecution for trespass as a violation of sections 708-814 and 708-815 that the defendant entered upon and passed along or over established and well-defined roadways, pathways, or trails leading to public beaches over government lands, whether or not under lease to private persons. [L 1972, c 9, pt of 1]

 

COMMENTARY ON 708-816

 

This is a new section inserted by the Legislature in 1972. It was not contained in the Proposed Draft. This addition provides that traveling to or from the beach over government land does not constitute trespass and is a defense to 708-814 and 815. Conference Committee Report No. 2 (1972).

 

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