Criminal Trespass In The Third Degree: NY Penal Law § 140.10

by ECL Writer
Criminal Trespass In The Third Degree

It is unlawful to enter or remain on another person’s property without that person’s consent, whether it be their house, place of business, or any other kind of property. You will be trespassing if you do this. The New York Penal Law has a number of trespass statutes. Depending on the type of building you enter, if you have a weapon, and your criminal history, you may be charged with a specific trespassing offense. You will have committed criminal trespass in the third degree, according to New York Penal Code Section 140.10, if you intentionally enter or remain on another person’s property without permission and:

  • The property is enclosed to prevent intruders
  • The property is used as a camp or school
  • The property is a housing project
  • The property is a railroad yard

Section 140.00(5) of the New York Penal Law defines entering or residing on property unlawfully as doing so without a permit or other authorization. It involves entering the property without authorization, to put it another way.

Eg: Sarah used to work at Company X until she resigned in 2018. In 2019, she returned to the company’s office without any valid reason or permission. Sarah could potentially face charges for trespassing, as she no longer had an employment relationship with the company and had no legitimate basis to be on their premises.

Criminal Trespass In The Third Degree Sentence

Because trespass in the third degree is a class B misdemeanor and not a felony if you are convicted you could be sent to jail for up to 3 months and you may be ordered to pay a fine of up to $500. It is also possible that in lieu of jail the court may order you to serve a probation term of 1 yea

Defenses

A potential defense for Sarah in these trespassing cases could revolve around their belief of having implicit permission or a reasonable purpose for being on the property. If they can demonstrate that they genuinely thought they were allowed or had a valid reason to be there, it could mitigate their culpability. Additionally, if they were invited or accompanied by someone with proper authorization, this could also support their defense. However, their defense would need to show a lack of criminal intent and a good-faith belief that they were not trespassing. Legal counsel would play a vital role in presenting such a defense effectively.

New York 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

  • which is fenced or otherwise enclosed in a manner designed to exclude intruders; or
  • 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
  • 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
  • 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
  • where the building is used as a public housing project in violation of conspicuously posted rules or regulations governing entry and use thereof; or
  • 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
  • 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.

Related Offenses

Hiring A New York Lawyer For Criminal Trespass In The Third Degree Case

Hiring a New York lawyer for a criminal trespass in the third degree case is crucial for a strong defense. These attorneys possess expertise in New York’s specific laws and can provide invaluable guidance. They’ll assess the case, gather evidence, interview witnesses, and scrutinize law enforcement procedures for potential violations. They can explore defenses like lack of intent or permission, ensuring the best possible outcome. A skilled lawyer can negotiate with prosecutors for reduced charges or penalties and represent clients effectively in court if necessary. Their knowledge of the legal system and experience can be instrumental in securing the most favorable resolution for the accused.

Leave a Comment

This blog is ONLY for informational or educational purposes and DOES NOT substitute professional legal advise. We take no responsibility or credit for what you do with this info.