1. The Laws of New York
  2. Consolidated Laws
  3. Penal
  4. Part 3: Specific Offenses
  5. Title I: Offenses Involving Damage to and Intrusion Upon Property
  6. Article 140: Burglary and Related Offenses


Section 140.10 Criminal trespass in the third degree

Penal (PEN)

  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.