New York Penal - Article 140 - § 140.00 Criminal Trespass and Burglary; Definitions of Terms
Legal Research Home >
New York Laws > New York Penal (PEN) > New York Penal - Article 140 - § 140.00 Criminal Trespass and Burglary; Definitions of Terms
§ 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
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: Article 140 140.00 140.05 140.10 140.15 140.17 140.20 140.25 140.30 140.35 140.40
Last modified: February 17, 2012