N.Y. Penal Law § 140.00: Criminal trespass and burglary; definitions of terms

§ 140.00 Criminal trespass and burglary; definitions of terms.

The following definitions are applicable to this article:

1. "Premises" includes the term "building," as defined herein, and any

real property.

2. "Building," in addition to its ordinary meaning, includes any

structure, vehicle or watercraft used for overnight lodging of persons,

or used by persons for carrying on business therein, or used as an

elementary or secondary school, or an inclosed motor truck, or an

inclosed motor truck trailer. Where a building consists of two or more

units separately secured or occupied, each unit shall be deemed both a

separate building in itself and a part of the main building.

3. "Dwelling" means a building which is usually occupied by a person

lodging therein at night.

4. "Night" means the period between thirty minutes after sunset and

thirty minutes before sunrise.

5. "Enter or remain unlawfully." A person "enters or remains

unlawfully" in or upon premises when he is not licensed or privileged to

do so. A person who, regardless of his intent, enters or remains in or

upon premises which are at the time open to the public does so with

license and privilege unless he defies a lawful order not to enter or

remain, personally communicated to him by the owner of such premises or

other authorized person. A license or privilege to enter or remain in a

building which is only partly open to the public is not a license or

privilege to enter or remain in that part of the building which is not

open to the public. A person who enters or remains upon unimproved and

apparently unused land, which is neither fenced nor otherwise enclosed

in a manner designed to exclude intruders, does so with license and

privilege unless notice against trespass is personally communicated to

him by the owner of such land or other authorized person, or unless such

notice is given by posting in a conspicuous manner. A person who enters

or remains in or about a school building without written permission from

someone authorized to issue such permission or without a legitimate

reason which includes a relationship involving custody of or

responsibility for a pupil or student enrolled in the school or without

legitimate business or a purpose relating to the operation of the school

does so without license and privilege.