PL 140.15 · Article 140
Criminal Trespass in the Second Degree
Criminal trespass 2nd degree NY is charged under NYS Penal Law 140.15, one of the criminal trespass NY offenses in Article 140. This statute has two independent routes: knowing unlawful entry or remaining in a dwelling, or specified school entry or remaining by a person required to register and designated level two or three who knows the relevant victim attends or formerly attended that school. The school route has express exceptions for specified student participation, parental or guardian attendance, voting, and authorized limited purposes.
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PL 140.15 · Original statutory wording; excerpts must be read together with the full section.
§ 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.Read the full section at the New York State SenateIn everyday language
Criminal trespass 2nd degree NY is charged under NYS Penal Law 140.15, one of the criminal trespass NY offenses in Article 140. This statute has two independent routes: knowing unlawful entry or remaining in a dwelling, or specified school entry or remaining by a person required to register and designated level two or three who knows the relevant victim attends or formerly attended that school. The school route has express exceptions for specified student participation, parental or guardian attendance, voting, and authorized limited purposes.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove the required elements of the applicable route beyond a reasonable doubt. The two routes are alternatives, not cumulative requirements, and entering and remaining are alternatives within each route.
- Dwelling route: The person accused knowingly entered or remained unlawfully in a dwelling.
- School route: The person accused was required to maintain registration under Correction Law article 6-C and was designated a level two or level three offender under Correction Law section 168-l(6).
- For the school route, the person accused entered or remained in a public or private elementary, parochial, intermediate, junior high, vocational, or high school, knowing that the victim of the offense requiring registration attended or formerly attended that school.
- The school subdivision is not prosecutable if the person accused was a lawfully registered student at that school or a lawful student participant in a school-sponsored event.
- It is also not prosecutable under the school subdivision if the person accused was a parent or legal guardian of a lawfully registered student and entered to attend their child's or dependent's event or activity; entered their designated polling-place school building solely to vote; or entered the school building for limited purposes authorized by its superintendent or chief administrator.
- These school exceptions are alternatives, not cumulative requirements, and apply to the school subdivision rather than the dwelling route.
Defenses that commonly apply
- For the dwelling route, was the location a dwelling, and what evidence shows permission or knowledge that entering or remaining was unlawful?
- For the school route, what records establish the required registration and level designation, and what evidence shows knowledge that the relevant victim attended or formerly attended the school?
- Do enrollment, event, guardianship, voting, or school-authorization records establish one of the school subdivision's express exceptions?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000.
Common questions about your defense
Can an authorized school visit fall outside second-degree criminal trespass?
The school subdivision expressly excludes entry for limited purposes authorized by the superintendent or chief administrator, along with the listed student, parent or guardian, and voting circumstances. A lawyer could investigate whether the person accused met a specific exception, rather than assuming that any permission or family connection is sufficient. The prosecutor must prove the school route's required elements beyond a reasonable doubt, and these exceptions do not determine whether the separate dwelling route applies.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 140.10 · Class B Misdemeanor
PL 140.17 · Class D Felony
PL 140.20 · Class D Felony
PL 140.05 · Violation
PL 140.35 · Class A Misdemeanor
PL 140.25 · Class C Felony
PL 140.30 · Class B Felony
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