NY Penal Law § 140.05: Trespass

There are several laws in New York designed to protect one's private property. Trespass laws are designed to do just that. It is against the law to enter onto another person's property or remain on another person's property without that person's permission. If you do so, you could be charged under New York Penal Law section 140.05 with trespass. In order to prove that you trespassed, the prosecutor must show that:

1. You entered or remained on the property of another person and
2. You did so knowingly

Bruce and Gail at one time dated. Their relationship was tumultuous. Gail finally broke up with Bruce. Bruce made several attempts to reunite with Gail. Gail refused. One day Bruce showed up at Gail's home. He entered her yard, walked up to her door and rang the bell. Gail answered the door and told Bruce to leave. Bruce refused. Bruce could be charged with trespass as he knew that he did not have permission to remain on Gail's property, but refused to leave.

1. Criminal trespass in the third degree: New York Penal Law section 140.10
2. Criminal trespass in the second degree: New York Penal Law section 140.15
3. Criminal trespass in the first degree: New York Penal Law section 140.17
4. Burglary in the third degree: New York Penal Law section 140.20

In order to trespass onto another person's property, you must have the intent to do so. If you did not have such intent, then you have a defense against a trespass charge. Also, if you were invited onto the property and you were never asked to leave, then you have a defense to a trespass charge.

Because trespass is a violation and not a misdemeanor or a felony if you violate New York Penal Law section 140.05 you could be sentenced to up to 15 days in jail. However, since it is not a crime, a conviction will not go on your criminal record

A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.

You may be inclined to think that trespass is not serious and that a violation is also not a big deal. However, even 15 days in the county jail is something to avoid. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with felonies and misdemeanors in violation of New York state law and federal law. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.