New York Penal Law 140.05 Trespass

Trespass laws in New York are designed to protect private property. Section 140.05 of the New York Penal Law makes it illegal to enter onto someone else’s property without permission. This article provides a simple, conversational overview of this law, including what constitutes trespass, penalties, and defenses.

What is Trespass?

Trespass occurs when someone knowingly enters or remains on private property without the owner’s consent[1][2]. For example, if you walk onto your neighbor’s lawn without permission, you are trespassing. Other examples include:

• Entering a private building like someone’s home or business without permission
• Refusing to leave a store after being told to leave by staff
• Staying in a park after posted closing times

To be guilty of trespass, you have to knowingly enter or remain on the property. This means you are aware you don’t have permission to be there[2][3]. If you accidentally cross property lines, that is not considered trespass under this law.

Elements of Trespass

For a trespass charge under NY Penal Law 140.05, prosecutors must prove these elements[2][4]:

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

You cut through a fenced vacant lot on your way home from work every evening, assuming nobody cared since the property appeared abandoned. One night a police officer stopped you and issued a summons for trespass under New York Penal Law § 140.05.

Can I really be charged with trespass for walking through a lot that looked completely abandoned?

Attorney's Answer

Under New York Penal Law § 140.05, trespass is a violation-level offense that occurs when a person knowingly enters or remains unlawfully on someone else's property, regardless of whether the property appears occupied or abandoned. The prosecution must prove you knew you lacked permission or authority to be there, so any posted signage, fencing, or prior warnings from the owner strengthen the case against you. While trespass under § 140.05 is classified as a violation rather than a crime, it can still carry up to 15 days in jail and a fine. A strong defense strategy might challenge whether adequate notice was given or argue you had a reasonable belief that entry was permitted, which is why consulting an experienced attorney early is critical.

This is general information only. Contact us for advice specific to your situation.

• The defendant entered or remained on property belonging to someone else
• The defendant did not have permission or authority to be on the property
• The defendant knew he/she was on the property unlawfully

All three elements must be present to establish trespass. If the property is open to the public, or you had permission to be there, it is not trespass.

Penalties for Trespass