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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.
.
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| Subdivision | Elements | Lesser included offenses |
| PL 140.10(a) |
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knowingly enters or remains unlawfully
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enclosed real property
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LIO
|
| PL 140.10(b) |
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knowingly enters or remains unlawfully
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school building, children's overnight camp or summer day camp
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violation of posted rules
|
LIO
|
| PL 140.10(c) |
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knowingly enters or remains unlawfully
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school property
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located within city over one million
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violation of personal request to leave by person in charge
|
LIO
|
| PL 140.10(d) |
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knowingly enters or remains unlawfully
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school property
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located outside city over one million
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violation of personal request to leave by person in charge
|
LIO
|
| PL 140.10(e) |
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knowingly enters or remains unlawfully
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public housing project
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violation of posted rules
|
LIO
|
| PL 140.10(f) |
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knowingly enters or remains unlawfully
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public housing project
-
violation of personal request to leave by person in charge
|
LIO
|
| PL 140.10(g) |
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knowingly enters or remains unlawfully
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posted no-trespass railroad zone
|
LIO
|