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Legal Statutes: New York

UPDATED April 20, 2017

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Article 140. Burglary and Related Offenses

back to topSec. 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.
(L.1965, c. 1030. Amended L.1969, c. 341, § 4; L.1979, c. 698, § 4; L.1983, c. 813, § 1; L.1987, c. 192, § 1; L.1992, c. 434, § 1; L.1997, c. 338, §§ 2, 3, eff. Nov. 1, 1997; L.2000, c. 533, § 1, eff. Oct. 4, 2000; L.2001, c. 350, § 1, eff. Sept. 19, 2001; L.2011, c. 176, § 1, eff. Jan. 16, 2012.)