Trespass: NY Penal Law § 140.05

by ECL Writer
Criminal Trespass In The Third Degree

In New York, there are a number of laws intended to safeguard one’s private property. The purpose of trespass laws is to do this. It is illegal to enter another person’s property without that person’s permission or to stay there for any length of time. You risk receiving a trespassing conviction under New York Penal Law § 140.05 if you do this. The prosecutor must demonstrate the following in order to establish your trespass:

  • You entered or remained on the property of another person and
  • You did so knowingly

You are charged with a crime regardless of whether you are detained for Criminal Trespass in the Third Degree (New York Penal Law 140.10) or Criminal Trespass in the Second Degree (New York Penal Law 140.15). In fact, if you are found guilty of violating either NY PL 140.10 or NY PL 140.15, your criminal record for the misdemeanor will remain on your record for the rest of your life.

New York Trespass Sentence

If you break New York Penal Law section 140.05, which is a violation rather than a misdemeanor or felony, you might receive a sentence of up to 15 days in jail. A conviction won’t appear on your criminal record though because it is not a crime.


You must have the intention to enter someone else’s property in order to do so. If you didn’t intend to trespass, you can argue that you weren’t trespassing. Additionally, you have a defense to a trespass prosecution if you were permitted onto the property and you were never requested to leave.

New York Penal Law § 140.05: Trespass

A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.

Related Offenses

Hiring A New York Lawyer For New York Trespass Case

Securing a New York lawyer for a trespass case within the state is a strategic move for several reasons. New York’s legal landscape is intricate, and hiring a local attorney ensures they possess in-depth knowledge of the state’s trespass laws and regulations. They are well-versed in local court procedures, which can be advantageous when crafting a solid defense strategy. Additionally, a New York lawyer can leverage their established relationships with judges and prosecutors to potentially negotiate favorable outcomes. Their ability to scrutinize evidence, interview witnesses, and explore all legal avenues is instrumental in safeguarding your rights. In a New York trespass case, a skilled local attorney is an indispensable asset.

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