Section 140.10. Criminal trespass in the third degree  


Latest version.
  • 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, pursuant to section
      eighty-three-b of the railroad law, by the city or county in which  such
      property is located.
        Criminal trespass in the third degree is a class B misdemeanor.