New York statute
N.Y. Penal Law § 140.10 — Criminal trespass in the third degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 140: Burglary and Related Offenses, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 140.10
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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
property
(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
regulations 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
housing police officer or other person in charge thereof; or
(g) where the property consists of a right-of-way or yard of a
railroad or rapid transit railroad which has been designated and
conspicuously posted as a no-trespass railroad zone.
Criminal trespass in the third degree is a class B misdemeanor.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.