{"jurisdiction": "us-ny", "code": "penal", "section": "140.17", "citation": "Penal Law § 140.17", "heading": "Criminal trespass in the first degree", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/140.17", "from_official_api": true, "plain_english": "A person commits first-degree criminal trespass by **knowingly entering or remaining unlawfully in a building** and, while committing that crime:\n- **(1)** **possessing—or knowing another participant possesses—an explosive or deadly weapon**;\n- **(2)** **possessing a firearm, rifle, or shotgun** (as defined in section 265.00) and also **possessing or having readily accessible ammunition** that it can fire; or ★\n- **(3)** **knowing another participant possesses** a firearm, rifle, or shotgun under the circumstances in **(2)**.\nIt is a **class D felony**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/140.17", "publisher": "Elyphived LLC"}