ยง708-816 - Defense to trespass.
ยง708-816ย Defense to trespass.ย 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 ยง1]
COMMENTARY ON ยง708-816
ย This is a new section inserted by the Legislature in 1972.ย
It was not contained in the Proposed Draft.ย This addition provides that
traveling to or from the beach over government land does not constitute
trespass and is a defense to ยงยง708-814 and 815.ย Conference Committee Report
No. 2 (1972).