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N.Y. Penal Law § 140.10

Criminal trespass in the third degree

Applied in 41 court decisions — leading case People v. Cahill

Most recently applied in People v. Moore (Lenue) (April 2025)

2014-09-22

How often courts cite this section

20142020202590
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

§ 140.10 Criminal trespass in the third degree.\n A person is guilty of criminal trespass in the third degree when he\nknowingly enters or remains unlawfully in a building or upon real\nproperty\n (a) which is fenced or otherwise enclosed in a manner designed to\nexclude intruders; or\n (b) where the building is utilized as an elementary or secondary\nschool or a children's overnight camp as defined in section one thousand\nthree hundred ninety-two of the public health law or a summer day camp\nas defined in section one thousand three hundred ninety-two of the\npublic health law in violation of conspicuously posted rules or\nregulations governing entry and use thereof; or\n (c) located within a city with a population in excess of one million\nand where the building or real property is utilized as an elementary or\nsecondary school in violation of a personally communicated request to\nleave the premises from a principal, custodian or other person in charge\nthereof; or\n (d) located outside of a city with a population in excess of one\nmillion and where the building or real property is utilized as an\nelementary or secondary school in violation of a personally communicated\nrequest to leave the premises from a principal, custodian, school board\nmember or trustee, or other person in charge thereof; or\n (e) where the building is used as a public housing project in\nviolation of conspicuously posted rules or regulations governing entry\nand use thereof; or\n (f) where a building is used as a public housing project in violation\nof a personally communicated request to leave the premises from a\nhousing police officer or other person in charge thereof; or\n (g) where the property consists of a right-of-way or yard of a\nrailroad or rapid transit railroad which has been designated and\nconspicuously posted as a no-trespass railroad zone.\n Criminal trespass in the third degree is a class B misdemeanor.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.