New York Criminal Trespass Laws

Entering someone else's property without their consent may be considered rude, but it's also against the law. A person who knowingly enters or stays on another party's property without a legal right to do so has committed a simple trespass. This action is considered a violation, not a crime, in New York. With this type of violation, a trespasser may be liable to the property owner for damages. Although a violation entails a possible 15-day jail sentence, the punishment is typically a fine and/or community service. However, some trespasses are considered crimes depending on certain actions and circumstances that give rise to criminal accountability for trespassing.

New York recognizes differing levels of criminal trespass based on factors such as where the trespass occurs and whether weapons were involved. For example, criminal trespass in the first degree, the most serious trespassing offense, involves trespassing with a gun or deadly weapon. It is the only New York criminal trespass law that constitutes a felony. Criminal trespass in the second degree involves trespassing into a home or a residence without permission; third degree criminal trespass involves trespassing into a building or onto someone else's property.

New York Criminal Trespass Laws at a Glance

The chart below provides a summary of state laws related to New York criminal trespass laws including links to important code sections.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

New York Criminal Trespass Laws: Related Resources

• Select State Laws on Hunting and Trespassing
• Homeowner Liability for Trespasser Injuries
• New York Burglary Laws
• New York Criminal Laws

Get Help with Your Criminal Case

Although trespassing is often considered a frivolous offense, being convicted of trespassing can affect your life in a negative way. If you're facing charges, then you might consider getting help from an experienced attorney. A criminal defense attorney in New York can help you identify your options before taking your next steps.