{"id":375216,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-burglary-laws.html"},"modified":"2018-03-23T12:39:57","modified_gmt":"2018-03-23T17:39:57","slug":"new-york-burglary-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-burglary-laws.html","title":{"rendered":"New York Burglary Laws"},"content":{"rendered":"\n
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New York Burglary Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Overview of New York Burglary Laws<\/h2>\n

A person is guilty of committing burglary in the third degree – the least of the burglary offenses – when he or she "knowingly enters or remains unlawfully" in a building with the intent to commit a crime therein. "Entry" of a building occurs when a person intrudes within a building, no matter how slightly, with any part of his or her body.<\/p>\n

Examples of Entry <\/h2>\n

Examples of entry include crossing the threshold of a building or reaching an arm through a window. Section 140 of the New York Penal Code states that a person enters or remains on a premises "unlawfully" when he or she "is not licensed or privileged to do so"; the entry need not be forcible in nature.<\/p>\n

Two Elements of Burglary<\/h2>\n

In essence, burglary<\/a> can be boiled down to two elements:<\/p>\n

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  1. trespass, or the entry or remaining on property while knowing that such act is unlawful and<\/li>\n
  2. with the specific intent to commit a crime within a building. <\/li>\n<\/ol>\n

    With regard to the latter element, the prosecution must prove that the defendant intended to commit a crime within the building at the time that he or she unlawfully entered or remained inside it. Thus, a person’s mere commission of a crime while unlawfully inside a building does not constitute a burglary; he or she must have also had the contemporaneous intent to commit the crime upon entering or remaining therein.<\/p>\n

    Second and First Degree Burglary <\/h2>\n

    Third-degree burglary will be elevated to second-degree burglary when the defendant trespasses the building with the requisite specific intent<\/a> and<\/p>\n

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    1. the building is a dwelling; or<\/li>\n
    2. while entering the building or in immediate flight, the defendant or a participant in the crime: is armed with explosives or a deadly weapon, causes physical injury to a non-participant, or displays what appears to be a firearm. <\/li>\n<\/ol>\n

      First-degree burglary occurs when the building is a dwelling and<\/i> one of the other four aggravating elements for second-degree burglary is present.<\/p>\n

      Defenses to Burglary Charges<\/h2>\n