§ 140.00 Criminal trespass and burglary; definitions of terms.\n The following definitions are applicable to this article:\n 1. "Premises" includes the term "building," as defined herein, and any\nreal property.\n 2. "Building," in addition to its ordinary meaning, includes any\nstructure, vehicle or watercraft used for overnight lodging of persons,\nor used by persons for carrying on business therein, or used as an\nelementary or secondary school, or an inclosed motor truck, or an\ninclosed motor truck trailer. Where a building consists of two or more\nunits separately secured or occupied, each unit shall be deemed both a\nseparate building in itself and a part of the main building.\n 3. "Dwelling" means a building which is usually occupied by a person\nlodging therein at night.\n 4. "Night" means the period between thirty minutes after sunset and\nthirty minutes before sunrise.\n 5. "Enter or remain unlawfully." A person "enters or remains\nunlawfully" in or upon premises when he is not licensed or privileged to\ndo so. A person who, regardless of his intent, enters or remains in or\nupon premises which are at the time open to the public does so with\nlicense and privilege unless he defies a lawful order not to enter or\nremain, personally communicated to him by the owner of such premises or\nother authorized person. A license or privilege to enter or remain in a\nbuilding which is only partly open to the public is not a license or\nprivilege to enter or remain in that part of the building which is not\nopen to the public. A person who enters or remains upon unimproved and\napparently unused land, which is neither fenced nor otherwise enclosed\nin a manner designed to exclude intruders, does so with license and\nprivilege unless notice against trespass is personally communicated to\nhim by the owner of such land or other authorized person, or unless such\nnotice is given by posting in a conspicuous manner. A person who enters\nor remains in or about a school building without written permission from\nsomeone authorized to issue such permission or without a legitimate\nreason which includes a relationship involving custody of or\nresponsibility for a pupil or student enrolled in the school or without\nlegitimate business or a purpose relating to the operation of the school\ndoes so without license and privilege.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.