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N.Y. Penal Law § 140.15

Criminal trespass in the second degree

Applied in 31 court decisions — leading case 51 Misc. 3d 354 - People v. Brukner (2015)

Most recently applied in 87 Misc. 3d 135 - People v. Dukes (Carl) (December 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.

§ 140.15 Criminal trespass in the second degree.\n A person is guilty of criminal trespass in the second degree when:\n 1. he or she knowingly enters or remains unlawfully in a dwelling; or\n 2. being a person required to maintain registration under article\nsix-C of the correction law and designated a level two or level three\noffender pursuant to subdivision six of section one hundred\nsixty-eight-l of the correction law, he or she enters or remains in a\npublic or private elementary, parochial, intermediate, junior high,\nvocational or high school knowing that the victim of the offense for\nwhich such registration is required attends or formerly attended such\nschool. It shall not be an offense subject to prosecution under this\nsubdivision if: the person is a lawfully registered student at such\nschool; the person is a lawful student participant in a school sponsored\nevent; the person is a parent or a legal guardian of a lawfully\nregistered student at such school and enters the school for the purpose\nof attending their child's or dependent's event or activity; such school\nis the person's designated polling place and he or she enters such\nschool building for the limited purpose of voting; or if the person\nenters such school building for the limited purposes authorized by the\nsuperintendent or chief administrator of such school.\n Criminal trespass in the second degree is a class A 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.