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New York Penal - Article 140 - § 140.00 Criminal Trespass and Burglary; Definitions of Terms

Legal Research Home > New York Laws > Penal > New York Penal - Article 140 - § 140.00 Criminal Trespass and Burglary; Definitions of Terms


Penal 
 
  § 140.00 Criminal trespass and burglary; definitions of terms.
    The following definitions are applicable to this article:
    1. "Premises" includes the term "building," as defined herein, and any
  real property.
    2.  "Building,"  in  addition  to  its  ordinary meaning, includes any
  structure, vehicle or watercraft used for overnight lodging of  persons,
  or  used  by  persons  for  carrying  on business therein, or used as an
  elementary or secondary school,  or  an  inclosed  motor  truck,  or  an
  inclosed  motor  truck trailer. Where a building consists of two or more
  units separately secured or occupied, each unit shall be deemed  both  a
  separate building in itself and a part of the main building.
    3.  "Dwelling"  means a building which is usually occupied by a person
  lodging therein at night.
    4. "Night" means the period between thirty minutes  after  sunset  and
  thirty minutes before sunrise.
    5.   "Enter  or  remain  unlawfully."  A  person  "enters  or  remains
  unlawfully" in or upon premises when he is not licensed or privileged to
  do so. A person who, regardless of his intent, enters or remains  in  or
  upon  premises  which  are  at  the time open to the public does so with
  license and privilege unless he defies a lawful order not  to  enter  or
  remain,  personally communicated to him by the owner of such premises or
  other authorized person. A license or privilege to enter or remain in  a
  building  which  is  only  partly open to the public is not a license or
  privilege to enter or remain in that part of the building which  is  not
  open  to  the public. A person who enters or remains upon unimproved and
  apparently unused land, which is neither fenced nor  otherwise  enclosed
  in  a  manner  designed  to  exclude intruders, does so with license and
  privilege unless notice against trespass is personally  communicated  to
  him by the owner of such land or other authorized person, or unless such
  notice  is given by posting in a conspicuous manner. A person who enters
  or remains in or about a school building without written permission from
  someone authorized to issue such  permission  or  without  a  legitimate
  reason   which   includes   a   relationship  involving  custody  of  or
  responsibility for a pupil or student enrolled in the school or  without
  legitimate business or a purpose relating to the operation of the school
  does so without license and privilege.
Section:  Previous  Article 140  140.00  140.05  140.10  140.15  140.17  140.20  140.25  140.30  140.35  140.40  Next

Last modified: February 16, 2014