New York Penal Law 140.05 Trespass
Contents
New York Penal Law 140.05 Trespass – A Simple Explanation
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]:
- 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
Trespass under 140.05 is a “violation” offense in New York, not a crime[1][3]. This means potential penalties include[2]:
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- Up to 15 days in jail
- Fines up to $250
- A trespass violation does not go on your permanent criminal record
More serious trespass charges like burglary (140.20) or criminal trespass (140.10, 140.15) can lead to misdemeanor or felony convictions.
Defenses to Trespass
There are several possible defenses if you are charged with trespass[2][5]:
- No unlawful entry: You had permission or legal authority to enter the property, such as an invitation from the owner.
- No knowledge: You did not knowingly enter unlawfully, for example you crossed property boundaries by accident.
- Necessity: You entered the property out of necessity, like seeking emergency help or shelter.
- Mistake of fact: You made an honest and reasonable mistake in believing you could be on the property, like relying on outdated permission.
- Lack of notice: There was no visible notice or signage indicating you could not enter the property.
Real World Examples
- John cuts across his neighbor’s backyard as a shortcut on the way home from work every day. His neighbor has posted “No Trespassing” signs. John is likely guilty of trespass even though he’s not causing any harm.
- Maria is waiting to pick up her son at school but heavy rain forces her to wait under a store awning. The store owner asks her to leave but she refuses due to the weather. Maria may be charged with trespass for unlawfully remaining on the property after being told to leave.
- Tom visits a 24-hour grocery store at 2am. While he is shopping, the manager announces the store is closing and asks everyone to proceed to the cash registers. Tom refuses and continues shopping. He could potentially be charged with criminal trespass for knowingly remaining in the store unlawfully.
- Jen is driving cross-country and her car breaks down on a private road in the middle of nowhere. She walks onto a nearby farm to ask for help. Here, Jen has a strong necessity defense against trespass since she entered out of urgent need.
Consequences of a Trespass Conviction
A trespass conviction can negatively impact your life in several ways[5]:
- Future employment background checks will reveal the violation. Some employers may decline to hire someone with a trespass history.
- Rental applications often ask about criminal history. A trespass violation may make it harder to find housing.
- The violation stays on your record for up to 10 years, and can affect security clearances, visas/immigration status, child custody, and more.
- If charged with any future trespass offense, you may face increased penalties as a repeat offender.
Avoiding Trespass Issues
You can avoid trespass violations by being aware of property boundaries and respecting posted signs/notices. Some tips:
- Don’t take shortcuts through private property, even if it seems harmless. Stick to public paths and sidewalks.
- Read all posted signs at entrances to property and follow directions, including business hours.
- Don’t assume you have implied permission to enter private land adjacent to public parks, beaches, etc.
- If a property owner, security guard, or representative asks you to leave, cooperate and exit promptly.
- Be aware of your surroundings so you do not accidentally stray onto private property.
Conclusion
I hope this overview has helped explain the basics of New York’s trespass law under Penal Law 140.05. While trespass is a minor violation, it’s still wise to avoid situations that could lead to charges. Be respectful of private property boundaries and the rights of owners. If you’re unsure if you’re allowed to be somewhere, it’s best to just stay out to be on the safe side. Let me know if you have any other questions!