New York Penal Law section 120.05

Understanding Criminal Trespass

As per New York Penal Law section 120.05, a criminal trespass occurs when one person unlawfully enters or remains on property that is owned or occupied by another person without that other person’s consent. The person who is trespassing must be told to leave the property by somebody with the authority to do so. If a person’s invitation or license to remain on property has been revoked, and that revocation has been clearly communicated to him or her, that invitee or licensee becomes a trespasser. He or she must immediately leave the premises.

Statutory Examples of Trespassing

What constitutes a criminal trespass is expanded upon further by New York Penal Law section 140.10. As per section 140.10, a person can be arrested and found guilty of criminal trespass if he or she has committed any of the following acts:

• He or she entered or remained upon property that was enclosed for purposes of preventing trespassers.
• The person entered or remained on property that is being used as a camp or school.
• He or she entered or remained in a housing project without permission.
• The individual unlawfully entered a railroad yard.