New York statute
N.Y. Penal Law § 140.17 — Criminal trespass in the first degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 140: Burglary and Related Offenses, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 140.17
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
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