Burglary & Trespass
VIOLATIONS:
NYPL § 140.05 - Trespass:
A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premise.
MISDEMEANORS:
NYPL § 140.10 - Trespass in the 3rd Degree: *
A person is guilty of criminal trespass in the 3rd degree when he knowingly enters or remains unlawfully in a building or upon real property:
...
(a) which is fenced or otherwise enclosed in a manner designed to exclude intruders.
...
CLASS A MISDEMEANORS:
NYPL § 140.15 - Trespass in the 2nd Degree: *
A person is guilty of criminal trespass in the 2nd degree when:
1. he or she knowingly enters or remains unlawfully in a dwelling; or
...
CLASS D FELONIES:
NYPL § 140.17 - Criminal Trespass in the 1st Degree:
A person is guilty of criminal trespass in the 1st degree when he knowingly enters or remains unlawfully in a building, and when, in the course of committing such crime, he:
1. Possesses, or knows that another participant in the crime possesses, an explosive or a deadly weapon; or
2. Possesses a firearm, rifle or shotgun, as those terms are defined in NYPL § 265.00, and also possesses or has readily accessible a quantity of ammunition which is capable of being discharged from such firearm, rifle or shotgun; or
3. Knows that another participant in the crime possesses a firearm, rifle or shotgun under circumstances described in subdivision 2.
NYPL § 140.20 - Burglary in the 3rd Degree:
A person is guilty of burglary in the 3rd degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.
CLASS C FELONIES:
NYPL § 140.25 - Burglary in the 2nd Degree:
A person is guilty of burglary in the 2nd degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when:
1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:
(a) Is armed with explosives or a deadly weapon; or
(b) Causes physical injury to any person who is not a participant in the crime; or
(c) Uses or threatens the immediate use of a dangerous instrument; or
(d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
2. The building is a dwelling.
CLASS B FELONIES:
NYPL § 140.30 - Burglary in the 1st Degree: *
A person is guilty of burglary in the 1st degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:
1. Is armed with explosives or a deadly weapon; or
2. Causes physical injury to any person who is not a participant in the crime; or
3. Uses or threatens the immediate use of a dangerous instrument; or
4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; ...
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*Not verbatim. Click here for link to full text of current law.
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