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New York · Through 2026-09-11

N.Y. Penal Law § 140.10: Criminal trespass in the third degree

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Where this section sits in the code
  1. Penal Law
  2. Part 3. Specific Offenses
  3. Title I. Offenses Involving Damage to and Intrusion Upon Property
  4. Article 140. Burglary and Related Offenses

§ 140.10 Criminal trespass in the third degree.

A person is guilty of criminal trespass in the third degree when he

knowingly enters or remains unlawfully in a building or upon real

property

(a) which is fenced or otherwise enclosed in a manner designed to

exclude intruders; or

(b) where the building is utilized as an elementary or secondary

school or a children's overnight camp as defined in section one thousand

three hundred ninety-two of the public health law or a summer day camp

as defined in section one thousand three hundred ninety-two of the

public health law in violation of conspicuously posted rules or

regulations governing entry and use thereof; or

(c) located within a city with a population in excess of one million

and where the building or real property is utilized as an elementary or

secondary school in violation of a personally communicated request to

leave the premises from a principal, custodian or other person in charge

thereof; or

(d) located outside of a city with a population in excess of one

million and where the building or real property is utilized as an

elementary or secondary school in violation of a personally communicated

request to leave the premises from a principal, custodian, school board

member or trustee, or other person in charge thereof; or

(e) where the building is used as a public housing project in

violation of conspicuously posted rules or regulations governing entry

and use thereof; or

(f) where a building is used as a public housing project in violation

of a personally communicated request to leave the premises from a

housing police officer or other person in charge thereof; or

(g) where the property consists of a right-of-way or yard of a

railroad or rapid transit railroad which has been designated and

conspicuously posted as a no-trespass railroad zone.

Criminal trespass in the third degree is a class B misdemeanor.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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