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 § 140.15 (2026)

Criminal trespass in the second degree

✓ current as of May 2026
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§ 140.15 Criminal trespass in the second degree.
  A person is guilty of criminal trespass in the second degree when:
  1. he or she knowingly enters or remains unlawfully in a dwelling; or
  2. being a person required to maintain registration under article
six-C of the correction law and designated a level two or level three
offender pursuant to subdivision six of section one hundred
sixty-eight-l of the correction law, he or she enters or remains in a
public or private elementary, parochial, intermediate, junior high,
vocational or high school knowing that the victim of the offense for
which such registration is required attends or formerly attended such
school. It shall not be an offense subject to prosecution under this
subdivision if: the person is a lawfully registered student at such
school; the person is a lawful student participant in a school sponsored
event; the person is a parent or a legal guardian of a lawfully
registered student at such school and enters the school for the purpose
of attending their child's or dependent's event or activity; such school
is the person's designated polling place and he or she enters such
school building for the limited purpose of voting; or if the person
enters such school building for the limited purposes authorized by the
superintendent or chief administrator of such school.
  Criminal trespass in the second degree is a class A misdemeanor.
Notes of Decisions
Cited in 173 cases (23 in the last 5 years), 1985–2026 · leading case: People v. Lewis, 840 N.E.2d 1014 (NY 2005).
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People v. Lewis, 840 N.E.2d 1014 (NY 2005). · cites it 2× “A defendant who knowingly enters or remains unlawfully in a dwelling is guilty of second-degree trespass, a class A misdemeanor (Penal Law § 140.15). That crime is elevated to second-degree burglary when the defendant intends to commit a crime inside the dwelling (Penal Law §…”
People v. Scott, 8 Misc. 3d 428 (N.Y. City Crim. Ct. 2005). · cites it 4× “*429 The common issue in these cases is whether a person may be prosecuted for trespass as an A misdemeanor (Penal Law § 140.15) when he is found inside the lobby beyond the vestibule of an apartment building operated by the New York City Housing Authority whether or not the…”
Duffy v. Ward, 612 N.E.2d 1213 (NY 1993). · cites it 4× “I Evidence introduced at petitioner’s criminal trial established that he was driving on a Queens street when the driver of the vehicle in front of him stopped and left his vehicle unattended while he went to open his garage door.”
The People v. Vincent Izzo, 41 N.E.3d 336 (NY 2015). · cites it 3× “Defendant was charged, by information, with one count of criminal trespass in the second degree (Penal Law § 140.15 [1]), a class A misdemeanor, and one count of criminal trespass in the third degree (Penal Law § 140.”
People v. Siton, 29 Misc. 3d 438 (N.Y. City Crim. Ct. 2010). · cites it 13× “*439 Defendant is charged with one count each of criminal trespass in the second degree (Penal Law § 140.15), a class A misdemeanor, criminal trespass in the third degree (Penal Law § 140.”
Davis v. City of New York, 959 F. Supp. 2d 324 (S.D.N.Y. 2013). · cites it 2× “Osorio were arrested under N.Y. Penal Law § 140.15 . Arrested Plaintiffs Mr.”
People v. Westwood, 53 Misc. 3d 74 (N.Y. App. Term. 2016). · cites it 3× “The People charged defendant, in an information, with criminal trespass in the second degree (Penal Law § 140.15), two counts of aggravated harassment in the second degree (Penal Law § 240.”
People v. Rayam, 729 N.E.2d 694 (NY 2000). “65) regarding the events of February 27-28; menacing in the second degree (Penal Law § 120.”
People v. Andujar, 110 A.D.2d 606 (N.Y. App. Div. 1985). “(Penal Law § 140.15.) In view of the great importance of a presentence report as an aid to sentencing, which is demonstrated by the Legislature’s adoption of a clear statutory requirement for such a report, we decline to extend our limited ruling in Seaman to hold that a waiver…”
People v. James, 28 Misc. 3d 345 (N.Y. City Crim. Ct. 2010). · cites it 8× “*346 Defendant was initially charged in a desk appearance ticket dated November 29, 2009 with criminal trespass in the second degree (Penal Law § 140.15). In a superseding information dated December 21, 2009, defendant was charged with criminal trespass in the second degree…”
Ligon v. City of New York, 925 F. Supp. 2d 478 (S.D.N.Y. 2013). “As the Appellate Division, First Department, of the Supreme Court of New York recently stated in a case concerning alleged trespass in a Clean Halls building: A person is guilty of criminal trespass in the second degree when, in pertinent part, he “knowingly enters or remains…”
People v. Jimenez, 8 N.E.3d 831 (NY 2014). “In light of our holding, defendant’s conviction for weapons possession cannot stand and her conviction for first-degree criminal trespass, premised on possession of a deadly weapon, must be reduced to criminal trespass in the second degree (Penal Law § 140.15 [1]). We have…”
Show all 173 citing cases →
— N.Y. Penal Law § 140.15(1) — 1 case
Weilburg v. Rodgers (N.D.N.Y. 2023).
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