{"jurisdiction": "us-ny", "code": "penal", "section": "140.10", "citation": "Penal Law § 140.10", "heading": "Criminal trespass in the third degree", "text": ["§ 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 section one thousand three hundred ninety-two of the public health law or a summer day camp as defined in 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."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/140.10", "from_official_api": true, "plain_english": "A person commits third-degree criminal trespass by **knowingly entering or remaining unlawfully** in a building or on real property:\n- **(a)** that is **fenced or otherwise enclosed** to exclude intruders;\n- **(b)** where the building is used as an **elementary or secondary school, a children's overnight camp, or a summer day camp** (camps as defined in Public Health Law section 1392), in violation of **conspicuously posted** entry and use rules;\n- **(c)** in a **city of over 1,000,000 people**, used as an elementary or secondary school, in violation of a **personally communicated request to leave** from a **principal, custodian, or other person in charge**; ★\n- **(d)** **outside** such a city, used as an elementary or secondary school, in violation of a personally communicated request to leave from a **principal, custodian, school board member or trustee, or other person in charge**;\n- **(e)** where the building is a **public housing project**, in violation of **conspicuously posted** entry and use rules;\n- **(f)** where the building is a **public housing project**, in violation of a **personally communicated request to leave** from a **housing police officer** or other person in charge; or\n- **(g)** that is a **railroad or rapid transit right-of-way or yard** designated and **conspicuously posted as a no-trespass railroad zone**.\nIt is a **class B misdemeanor**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/140.10", "publisher": "Elyphived LLC"}