N.Y. Penal Law Section 140.10
Criminal trespass in the third degree

A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property (a) which is fenced or otherwise enclosed in a manner designed to exclude intruders; or

(b)

where the building is utilized as an elementary or secondary school or a children’s overnight camp as defined in Public Health Law § 1392 (Definitions)section one thousand three hundred ninety-two of the public health law or a summer day camp as defined in Public Health Law § 1392 (Definitions)section one thousand three hundred ninety-two of the public health law in violation of conspicuously posted rules or regulations governing entry and use thereof; or

(c)

located within a city with a population in excess of one million and where the building or real property is utilized as an elementary or secondary school in violation of a personally communicated request to leave the premises from a principal, custodian or other person in charge thereof; or

(d)

located outside of a city with a population in excess of one million and where the building or real property is utilized as an elementary or secondary school in violation of a personally communicated request to leave the premises from a principal, custodian, school board member or trustee, or other person in charge thereof; or

(e)

where the building is used as a public housing project in violation of conspicuously posted rules or regulations governing entry and use thereof; or

(f)

where a building is used as a public housing project in violation of a personally communicated request to leave the premises from a housing police officer or other person in charge thereof; or

(g)

where the property consists of a right-of-way or yard of a railroad or rapid transit railroad which has been designated and conspicuously posted as a no-trespass railroad zone. Criminal trespass in the third degree is a class B misdemeanor.

Source: Section 140.10 — Criminal trespass in the third degree, https://www.­nysenate.­gov/legislation/laws/PEN/140.­10 (updated Sep. 22, 2014; accessed Nov. 8, 2025).

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Nov. 8, 2025

Last modified:
Sep. 22, 2014

§ 140.10. Crim. trespass in the third degree's source at nysenate​.gov

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