What is the NY law for criminal trespassing third degree in NY?

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1. Licensed in NY

   

   Eric Rothstein

   New York Criminal Defense Attorney

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   Answered January 25, 2013 17:53. Here is the statute:
   
   Penal Law § 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.

   I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... moreI am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice. less

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2. Licensed in NY

   

   Richard Southard

   New York Criminal Defense Attorney

   Contributor Level 18

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   Answered January 25, 2013 17:54. It is a class B misdemeanor. If you are convicted of this charge you will have a permanent criminal record that cannot be expunged. The text of the law can be found here.
   http://law.onecle.com/new-york/penal/PEN0140.10...

   All answers are for information purposes only. Answering this question or any future questions does not form any... moreAll answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. less

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3. Licensed in NY

   

   John M. CromwellPro

   Scarsdale Criminal Defense Attorney

   Contributor Level 14

   

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   Answered January 25, 2013 17:55. It is knowingly entering or remaining in a building or upon real property. It is a class B misdemeanor punishable by one year probation and/or up to 90 days in jail. There are several different subsections. It is found under New York State Penal Law at section 140.10.

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