New York Penal Law 140.15 Criminal Trespass in the Second Degree

Criminal trespass in the second degree is a class A misdemeanor in New York that makes it illegal to unlawfully enter or remain in a dwelling, or for certain registered sex offenders to enter onto school grounds. Let’s break down the key details of this law, including what constitutes criminal trespass, penalties, and potential defenses.

What is Criminal Trespass in the Second Degree?

Under New York Penal Law 140.15, a person commits criminal trespass in the second degree when they:

• Knowingly and unlawfully enter or remain in a dwelling
• Are a level 2 or 3 registered sex offender under New York’s Sex Offender Registration Act, and enter or remain on school grounds or facilities

Let’s break these elements down:

Unlawful Entry or Remaining in a Dwelling

A dwelling is defined as any building or structure that is usually occupied by someone lodging there at night. This includes houses, apartments, mobile homes, and more. Entering or remaining in a dwelling without permission or a legal right constitutes unlawful entry.

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Legal Scenario: What Would You Do?

Scenario

After a heated argument with your ex-girlfriend, you used your old key to enter her apartment while she was at work to retrieve some belongings you left behind. When she discovered items had been moved, she called the police and now you're facing criminal trespass charges.

Can I really be charged with criminal trespass for entering an apartment I used to live in and still had a key to?

Attorney's Answer

Under New York Penal Law 140.15, criminal trespass in the second degree occurs when a person knowingly enters or remains unlawfully in a dwelling, regardless of whether they had prior access or even a key. The fact that you once lived there does not grant you continued legal authority to enter once you no longer reside at the property and lack the current occupant's permission. As a class A misdemeanor, this charge carries up to one year in jail and three years of probation. A strong defense strategy could involve demonstrating that you had a reasonable belief you still had permission to enter, or negotiating the charge down given the circumstances and your prior connection to the residence.

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

Some examples of unlawful entry into a dwelling include:

• Entering through an unlocked door or open window without permission
• Remaining in a dwelling after being told to leave by the lawful resident
• Remaining past the scope of consent or the terms of a license to be there

Registered Sex Offenders Entering School Grounds