New York Penal Law § 140.15 – Criminal Trespass in the Second Degree

Criminal Trespass in the Second Degree is a crime that provides enhanced trespassing penalties for those who unlawfully enter or remain in another’s dwelling. Criminal Trespass in the Second Degree also applies in situations where someone who is required to register as a sex offender enters or remains in a public or private school, knowing that a victim of the offense attends or attended the school. Criminal Trespass in the Second Degree is a Class A misdemeanor.

Before a judge or jury can convict anyone of Criminal Trespass in the Second Degree, the government must prove each element of the offense beyond a reasonable doubt. The elements of Criminal Trespass in the Second Degree are:

1. The defendant unlawfully entered or remained in a dwelling;
2. The defendant did so, knowing that their entry was unlawful.

In this context, the term “dwelling” refers to a building that is typically occupied at night, such as a residential home, motor home, apartment, boarding house or any place where a person generally lives and sleeps.

Common examples of Criminal Trespass in the Second Degree include the following scenarios:

• Without permission, a defendant enters another’s home through an unlocked front door;
• A defendant convicted of sexual abuse visits the home of their victim to apologize.

Often, prosecutors bring Criminal Trespass in the Second Degree charges along with one or more of the following:

• Trespass – NY Penal Law § 140.05
• Criminal Trespass in the Third Degree – NY Penal Law § 140.10
• Criminal Trespass in the First Degree – NY Penal Law § 140.17
• Burglary in the Third Degree – NY Penal Law § 140.20
• Burglary in the Second Degree – NY Penal Law § 140.25
• Burglary in the First Degree – NY Penal Law § 140.30
• Possession of Burglar’s Tools – NY Penal Law § 140.35
• Failure to Register as a Sex Offender - NY Corrections Law § 168-t

There are several defenses to Criminal Trespass in the Second Degree that can either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a “not guilty” verdict. The most common defenses include the following:

• The owner of the dwelling gave you permission to enter or remain on the property;
• You mistakenly entered another’s dwelling, thinking it was your own; and
• You legitimately thought you had the dwelling owner’s permission.

In terms of subsection (b), dealing with unauthorized entrance into a school by a registered sex offender, possible defenses include:

• You did not know that is where your victim attends or attended school;
• You were registered at the school as a student;
• You are a student of another school who was present at the school for a school-sponsored event;
• You are a parent or guardian of a student at the school;
• You are at the school to vote; or
• You had the permission of school administration.

Criminal Trespass in the Second Degree is a Class A misdemeanor. In New York, GRADEs carry a maximum sentence of up to 364 days in jail and a fine of up to $1,000.

If you were recently arrested and charged with trespassing, it is imperative that you have an experienced New York criminal defense attorney by your side at every step of the way. At Tilem & Associates, P.C., our dedicated team of NY trespassing lawyers have decades of experience aggressively defending the rights and freedoms of clients charged with these serious crimes. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.