⚖ Violation Reference
Trespass (Violation)
NY Penal Law § 140.05 · Property
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Overview
Knowingly entering or remaining on premises without license or privilege. A violation (not a misdemeanor) unless: building trespass = Criminal Trespass 3rd (B Misdemeanor); fenced/enclosed area with posted signs = Criminal Trespass 2nd (A Misdemeanor).
Fine Range
$0–$250 (Violation level)
Surcharge
$95
How to Contest
- Appear on return date
- Challenge whether there was clear notice (signs, verbal warning)
- Present evidence of license, invitation, or authorization
Common Defenses
- Had license or privilege
- Area not clearly posted/fenced
- Owner/occupant consent
- Open-to-public area
Legal Information Only. This reference is sourced from publicly available NYC/NYS law. It is not legal advice and does not create an attorney-client relationship. Consult a licensed attorney before taking any action on a legal matter. Need representation? Find an attorney →