PL 140.10 Criminal trespass 3d degree Class B misdemeanor Link to CJI2d
§ 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  prop-
erty
  (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 regu-
lations 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  hous-
ing police officer or other person in charge thereof; or
  (g)  where  the property consists of a right-of-way or yard of a rail-
road or rapid transit railroad which has been designated  and  conspicu-
ously  posted as a no-trespass railroad zone, pursuant to section eight-
y-three-b of the railroad law, by the  city  or  county  in  which  such
property is located.
  Criminal trespass in the third degree is a class B misdemeanor.
.
Subdivision Elements Lesser included offenses
PL 140.10(a)
  • knowingly enters or remains unlawfully
  • enclosed real property

LIO

PL 140.10(b)
  • knowingly enters or remains unlawfully
  • school building, children's overnight camp or summer day camp
  • violation of posted rules

LIO

PL 140.10(c)
  • knowingly enters or remains unlawfully
  • school property
  • located within city over one million
  • violation of personal request to leave by person in charge

LIO

PL 140.10(d)
  • knowingly enters or remains unlawfully
  • school property
  • located outside city over one million
  • violation of personal request to leave by person in charge

LIO

PL 140.10(e)
  • knowingly enters or remains unlawfully
  • public housing project
  • violation of posted rules

LIO

PL 140.10(f)
  • knowingly enters or remains unlawfully
  • public housing project
  • violation of personal request to leave by person in charge

LIO

PL 140.10(g)
  • knowingly enters or remains unlawfully
  • posted no-trespass railroad zone

LIO

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