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May 6, 2017

New York Penal Law 140.15: Criminal trespass in the second degree

There are three different crimes that relate to trespassing in New York. They’re meant to stop people from going on another’s property unlawfully. Criminal trespass in the second degree prevents people from entering or staying in a dwelling unlawfully. It also prevents convicted sex offenders from going to the school that their victim attends.

Second-degree trespassing

There are two ways to commit trespassing in the second degree in New York. The first is to enter or stay on a residential property without permission. The second way applies only to level two or three sex offenders. These offenders commit trespass in the second degree if they enter the property of the school of their victim.

There are a few key differences between second-degree trespassing and third-degree trespassing. Second-degree trespassing involves only a residence or a sex offender going to a victim’s school. Third-degree trespassing can occur on a number of different types of property. First-degree trespassing generally involves a the use of a weapon.

Penalties

Criminal trespass in the second degree is a class A misdemeanor. That means the court can order you to spend up to one year in jail if you’re convicted. They can also place you on probation for up to three years.

An example

Pat has a criminal conviction. Because of the conviction, Pat registers as a second-tier sex offender. Pat knows that the victim in the case attends a certain high school. Pat wants to talk to the victim in the case, and Pat goes inside the school to find the victim during lunch hour. When entering the school, Pat commits the offense of criminal trespass in the second degree.

Defenses

If you’re facing a charge of criminal trespass in the second degree, an attorney can help you explore possible defenses. One defense is that you are lawfully on the property. You might have the owner’s permission to be on the property. You might not have been told to leave the property.

For the charge of going to the school, you have to know that the victim attends the school. If you’re at the school for another reason, and you don’t know that the victim goes to that school, you might have a defense to the charges. The criminal trespass law requires you to go to the school knowing that the victim goes to school there. If you go there without knowing this is the case, you might have a defense to the charges.

You can also go to the school if you’re a lawfully registered student at the school or if you’re the parent of a lawfully registered student at the school. In that case, you must be at the school only for a legitimate purpose related to your or your child’s education. You can also go to the school to vote if you’re able to lawfully do so.

Work with an attorney if you’re facing a sex-related criminal charge

If you’re facing an offense that can place you on a sex offender registry, it’s important that you work with a skilled NYC criminal attorney on the case. Registry obligations can hurt your chances to find meaningful employment or housing. The consequences are serious and lasting.

Having to register also makes you susceptible to additional criminal charges such as criminal trespass in the second degree. That makes it critical that you work with a skilled attorney for any charges that you’re facing. It’s critical to understand the potential consequences of charges against you before you make a decision about how to proceed with your case.

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Queens

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Phone

888-977-6335

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Brooklyn, NY 11201

Phone

888-977-6335

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