NY State — NY Penal Law

§ 140.10 — Criminal trespass in the third degree

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

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What is NY PL § 140.10?

Quick Answer

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

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§ 140.10 Criminal trespass in the third degree

PL § 140.10

§ 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.

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