New York Penal Law 140.20: Burglary in the Third Degree.

Burglary in the third degree is the most common burglary charge in New York. It's a class D felony that can have serious consequences if convicted. Let's break down the law and what it means.

What is Burglary in the Third Degree?

According to New York Penal Law 140.20, a person is guilty of burglary in the third degree when they knowingly and unlawfully enter or remain in a building with intent to commit a crime inside. Both elements - unlawful entry and intent to commit a crime - must be proven for a conviction.

Burglary doesn't require theft or larceny. The intent could be to assault someone, vandalize property, or anything illegal. But the prosecution must prove you intended to commit a specific crime when unlawfully entering the building.

What Makes Entry Unlawful?

There are a few ways entry can be considered unlawful under the burglary statute:

• Entering without permission or authority
• Entering through fraud, trick, or misrepresentation to gain access
• Remaining in a building after permission to be there has been revoked

For example, if you lie about why you need to enter someone's home or business, or stay in a store after closing time without permission, your presence would likely be considered unlawful.

What Buildings Are Covered?

The burglary law applies to any building, including:

• Houses
• Apartments
• Offices
• Stores
• Warehouses
• Garages
• Sheds
• Barns
• Any other structure used for regular activity