Trespass
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Plain-English Meaning
Entering or remaining on someone's property without permission. In New York, criminal trespass ranges from a violation to a Class D felony depending on the type of building and circumstances.
Legal Context
New York Penal Law §§ 140.05–140.30 define criminal trespass in degrees. Trespass (§ 140.05) is a violation — knowingly entering or remaining unlawfully on premises. Criminal Trespass in the Third Degree (§ 140.10, B misdemeanor) involves fenced/enclosed land or buildings. Criminal Trespass in the Second Degree (§ 140.15, A misdemeanor) involves dwelling buildings. Criminal Trespass in the First Degree (§ 140.17, D felony) involves possessing a firearm while trespassing.
Real-Life Example
After being told to leave a building's lobby, Jerome remained inside. The officer charged him with Criminal Trespass in the Third Degree (B misdemeanor) under Penal Law § 140.10 for knowingly remaining unlawfully in a building.
Related Statutes
Related Terms
Source
Based on N.Y. Penal Law §§ 140.05–140.30. Original B-Legal plain-language explanation.
N.Y. Penal Law §§ 140.05–140.30
Definitions are simplified for education. Legal meanings vary by jurisdiction, context, and case facts. This definition is original B-Legal content and is not affiliated with or derived from any proprietary legal dictionary.