Trespass
Penal Law § 140.05 — trespass is a violation; in a dwelling it is criminal trespass, a class A misdemeanor
Trespass is a violation. Knowingly entering or remaining unlawfully in or upon premises is trespass, a violation.
It is criminal trespass in the third degree, a class B misdemeanor, when the building or land is:
- Fenced or otherwise enclosed in a way designed to keep intruders out.
- A school or a children's camp, entered against conspicuously posted rules.
- A school, after the principal, custodian or other person in charge personally asks the person to leave.
- A public housing project, against conspicuously posted rules, or after a housing police officer or other person in charge asks the person to leave.
- A railroad right of way or yard designated and posted as a no trespass railroad zone.
A dwelling is a class A misdemeanor. Knowingly entering or remaining unlawfully in a dwelling is criminal trespass in the second degree, a class A misdemeanor.
Sources for this section (3)
- Penal Law § 140.05 — Trespass
- Penal Law § 140.10 — Criminal trespass in the third degree
- Penal Law § 140.15 — Criminal trespass in the second degree
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.