New York Penal Law 140.15 Criminal Trespass in the Second Degree

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.

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

This section of the law applies specifically to level 2 and 3 sex offenders who are required to register under New York’s Sex Offender Registration Act. It prohibits them from knowingly entering or remaining on school grounds or facilities of the school where their victim attends.

There are certain exceptions where a registered offender can enter school grounds, such as:

• The school is used as the offender’s designated polling place, and they enter solely to vote
• The offender enters for an authorized purpose with permission from the school administrator
• The offender enters to attend an event or activity involving their own child or dependent

Penalties

Criminal trespass in the second degree is a class A misdemeanor. This means potential penalties can include:

• Up to 1 year in jail
• Up to 3 years probation
• Fines up to $1,000

In determining penalties, factors like the nature and circumstances of the offense and the defendant’s criminal history will be considered.

Defenses

There are several potential defenses if you’ve been charged with criminal trespass in the second degree:

• No unlawful entry – For example, you had the owner’s consent or permission to be present.
• No intent – You did not knowingly or intentionally commit unlawful entry or remaining. For example, you mistakenly thought you were allowed to be there.
• Necessity – Your conduct was necessary to avoid imminent harm.
• Self-defense – Your conduct was necessary to defend yourself or another from harm.

An experienced criminal defense attorney can assess the details of your case and advise you on the viability of any defenses.

Related Laws

There are two other criminal trespass laws in New York:

• Penal Law 140.05 – Trespass, a violation
• Penal Law 140.10 – Criminal trespass in the third degree, a class B misdemeanor

Trespass covers unlawful entry onto any real property. Criminal trespass in the third degree is similar to second degree, but applies to unlawful entry or remaining in a building other than a dwelling, rather than a dwelling specifically.

Public Policy Considerations

There are some public policy issues surrounding New York’s criminal trespass laws that are subject to debate:

• Some argue the laws are too harsh and penalize homelessness and poverty. Others argue the laws are necessary to protect private property rights.
• Critics argue the registered sex offender school grounds provisions are overly broad. Supporters argue they are necessary to protect children.
• Some want to see exceptions added to the law, like for unlawful entry during emergencies. Others argue this would undermine the purpose of trespass laws.

Overall, reasonable minds can disagree on the proper scope and application of criminal trespass laws. There are good-faith arguments on both sides of these issues.

Conclusion

In summary, New York Penal Law 140.15 makes it a class A misdemeanor to unlawfully enter or remain in a dwelling, or for certain registered sex offenders to enter school grounds. Conviction can result in up to a year in jail. There are viable defenses in some cases, such as lack of intent or self-defense. Public policy debates continue around the proper scope of criminal trespass laws. If you are facing charges, be sure to consult an experienced criminal defense attorney to protect your rights.