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New York · Through 2026-09-11

N.Y. Penal Law § 140.17: Criminal trespass in the first 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

§ 140.17. Criminal trespass in the first degree.

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

knowingly enters or remains unlawfully in a building, and when, in the

course of committing such crime, he:

1. Possesses, or knows that another participant in the crime

possesses, an explosive or a deadly weapon; or

2. Possesses a firearm, rifle or shotgun, as those terms are defined

in section 265.00, and also possesses or has readily accessible a

quantity of ammunition which is capable of being discharged from such

firearm, rifle or shotgun; or

3. Knows that another participant in the crime possesses a firearm,

rifle or shotgun under circumstances described in subdivision two.

Criminal trespass in the first degree is a class D felony.

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

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