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 140.17 Criminal trespass in the first degree

Penal (PEN)

  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.