N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Damage to and Intrusion Upon Property / ARTICLE Burglary and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 140.05 (2026)

Trespass

✓ current as of May 2026
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§ 140.05. Trespass.
  A person is guilty of trespass when he knowingly enters or remains
unlawfully in or upon premises.
  Trespass is a violation.
Notes of Decisions
Cited in 166 cases (31 in the last 5 years), 1977–2026 · leading case: The People v. Anthony Barksdale, 41 N.E.3d 1111 (N.Y. 2015).
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The People v. Anthony Barksdale, 41 N.E.3d 1111 (N.Y. 2015). · cites it 2× “3 In so concluding we note that the police patrol at issue here was intended in part to combat trespassing, that is, “knowingly enter[ing] or remain[ing] unlawfully in or upon a premises” (Penal Law § 140.05), that the building at issue was enrolled in the TAP for the purpose of…”
People v. Miranda, 974 N.E.2d 661 (N.Y. 2012). · cites it 2× ““A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises” (Penal Law § 140.05). “A person ‘enters or remains unlawfully’ in or upon premises when he is not licensed or privileged to do so” (Penal Law § 140.”
People v. Cahill, 809 N.E.2d 561 (N.Y. 2003). · cites it 2× “The lowest degree of intrusion is criminal trespass (a violation), by which a person knowingly enters or remains unlawfully in or upon premises (Penal Law § 140.05). From there, a trespass becomes more serious, depending on the nature of the premises and whether the trespasser…”
Mitchell v. the City of New York, 841 F.3d 72 (2d Cir. 2016). “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…”
Grice v. McVeigh, 873 F.3d 162 (2d Cir. 2017). “Less than a month earlier, he had received a training circular advising that someone had attempted to sabotage a railroad in nearby Patterson, New York, using “a homemade device, wrapped in black tape with a radio-control antenna affixed.”
Hershey v. Goldstein, 938 F. Supp. 2d 491 (S.D.N.Y. 2013). · cites it 2× “” N.Y. Penal Law § 140.05 . “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…”
Smith-Hunter v. Harvey, 734 N.E.2d 750 (N.Y. 2000). · cites it 2× “On the day of the incident, defendant Jonathan Harvey signed an information charging plaintiff with trespass, a violation ( see, Penal Law § 140.05). Days later, plaintiff swore to a complaint charging Jack Harvey with third-degree assault, a class A misdemeanor ( see, Penal Law…”
People v. Moore, 833 N.E.2d 192 (N.Y. 2005). · cites it 3× “The plain language of the statute as amended, however, clearly requires that both buildings and real property be fenced or otherwise enclosed in order to increase the level of culpability from trespass (see Penal Law § 140.05) to criminal trespass *727 in the third degree.”
McKay v. City of New York, 32 F. Supp. 3d 499 (S.D.N.Y. 2014). · cites it 2× “” N.Y. Penal Law § 140.05 . A person is licensed or privileged to enter or remain on premises that are “open to the public” unless that person “defies a lawful order not to enter or remain” on the premises.”
People v. Craig, 585 N.E.2d 783 (N.Y. 1991). · cites it 2× “Defendants were arrested on May 7, 1985 and charged with the violation of trespass (Penal Law § 140.05) when they refused to leave the office of a United States Representative after conducting a peaceful demonstration in which they voiced their opposition to the policy of the…”
Reyes v. City of New York, 141 F.4th 55 (2d Cir. 2025). · cites it 3× “Reyes was held at the stationhouse for approximately six hours before being released with a Desk Appearance Ticket charging him with trespass in violation of N.Y. Penal Law § 140.05 . Subsequently, the district attorney’s office declined prosecution and the charge was dismissed.”
Yorzinski v. City of New York, 175 F. Supp. 3d 69 (S.D.N.Y. 2016). “” N.Y. Penal Law § 140.05 . Because’the Court concludes that the undisputed facts do not .”
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