§ 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. Criminal trespass in the third degree is a class B misdemeanor.
Lesser Included Greater Inclusory Offenses with Argument