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BURGLARY & TRESPASS

VIOLATION:

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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