Aim: How does the NYS Penal Law define Offenses involving damage to and intrusion upon property? “Trespass and Burglary”

Article 140- Offenses Involving Damage To and Intrusion Upon Property Trespass Criminal trespass in the third degree Criminal trespass in the second degree Criminal trespass in the first degree Burglary in the third degree Burglary in the second degree Burglary in the first degree Possession of burglar`s tools Unlawful possession of radio devices.

 Trespass.  A person is guilty of this when he/she knowingly enters or remains unlawfully in or upon premises.  Violation.

 Criminal trespass in the third degree. A person is guilty of this when he/she knowingly enters or remains unlawfully in a building or upon real property:  Which is fenced or otherwise enclosed; or  Which is utilized as a school or a children`s overnight camp or a summer day camp in violation of conspicuously posted rules or a request to leave the premises by someone licensed or privileged; or  Which is a public housing project in violation of conspicuously posted rules or when a request is made to leave the building by a person licensed and privileged; or  Where the property consists of a railroad or rapid transit railroad yard.  Class B misdemeanor.

 Criminal trespass in the second degree.  A person is guilty of this when he/she knowingly enters or remains unlawfully in a dwelling.  Class A misdemeanor.

 Criminal trespass in the first degree.  A person is guilty of this when he/she knowingly enters or remains unlawfully in a building, and when, in the course of committing such crime, he/she: 1. Possesses, or knows that another participant in the crime possesses, an explosive or a deadly weapon; or 2. Possesses a firearm, rifle or shotgun, and also possesses or has readily accessible a quantity of ammunition or 3. Knows that another participant in the crime possesses a firearm, rifle or shotgun.  Class D felony.

 Burglary in the third degree.  A person is guilty of this when he/she knowingly enters or remains unlawfully in a building with intent to commit a crime therein.  Class D felony.

 Burglary in the second degree. A person is guilty of this when he/she knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: 1. In effecting entry or while in the building or in immediate flight there from, he or another participant in the crime:  Is armed with explosives or a deadly weapon; or  Causes physical injury to any person who is not a participant in the crime; or  Uses or threatens the immediate use of a dangerous instrument; or  Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 2. The building is a dwelling.  Class C felony.

 Burglary in the first degree. A person is guilty of this when he/she knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or in immediate flight there from, he/(she) or another participant in the crime: 1. Is armed with explosives or a deadly weapon; or 2. Causes serious physical injury to any person who is not a participant in the crime; or 3. Uses or threatens the immediate use of a dangerous instrument; or 4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.  Class B felony.