N.Y. Penal Law Section 140.17
Criminal trespass in the first degree

A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a building, and when, in the course of committing such crime, he:

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, as those terms are defined in section 265.00, and also possesses or has readily accessible a quantity of ammunition which is capable of being discharged from such firearm, rifle or shotgun; or

3.

Knows that another participant in the crime possesses a firearm, rifle or shotgun under circumstances described in subdivision two. Criminal trespass in the first degree is a class D felony.

Source: Section 140.17 — Criminal trespass in the first degree, https://www.­nysenate.­gov/legislation/laws/PEN/140.­17 (updated Sep. 22, 2014; accessed Nov. 15, 2025).

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Nov. 15, 2025

Last modified:
Sep. 22, 2014

§ 140.17. Crim. trespass in the first degree's source at nysenate​.gov

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