New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 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.
