Criminal Trespass and Burglary Final

The Concept Trespass knowingly enters or remains unlawfully in or upon premises Burglary Trespass with the intent to commit a crime

Definitions Trespass knowingly enters or remains unlawfully in or upon premises premises enters or remains unlawfully knowingly

Premises Real property, including a building (Penal Law § 140.00 [1])

Premises Real property, including a building (Penal Law § 140.00 [1]) Ordinary meaning structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business elementary or secondary school, or an inclosed motor truck, or an inclosed motor truck trailer. Each unit in a building is a building in itself and a part of the main building.

Premises Dwelling (Penal Law § 140.00 [3]) building usually occupied by a person who is sleeping there at night. Night (Penal Law § 140.00 [4]) period between 30 minutes after sunset and 30 minutes before sunrise.

Enter or Remain Unlawfully The trespasser is not licensed or privileged to enter or remain. If it is open to the public: defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person.

Enter or Remain Unlawfully The trespasser is not licensed or privileged to enter or remain. If it is open land not fences: personally communicated to him by the owner of such land; or other authorized person; or If there is a notice is given by posting in a conspicuous manner.

Enter or Remain Unlawfully The trespasser is not licensed or privileged to enter or remain. If it is a school building: without written permission from someone authorized to issue such permission; or without a legitimate reason; or without legitimate business or a purpose relating to the operation of the school.

Base Crime: Trespass (Penal Law § 140.05) A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises. Elements (for all Trespass and Burglary Offenses) The defendant entered or remained unlawfully in or upon premises; and The defendant did so knowingly.

Criminal trespass in the third degree (Penal Law § 140.10) Elevators: Trespass where building is: (a) fenced in a manner designed to exclude intruders; or (b-c) K-12 school ... (b) in violation of conspicuously posted rules or regulations governing entry and use thereof; or (c) defendant was told to leave the premises from a person in charge; or ...

Criminal trespass in the third degree (Penal Law § 140.10) Elevators: Trespass where building is: (e-f) Public housing project (e) posted rules governing entry and use of the building; or (f) personally told to leave a by housing police officer or other person in charge of that housing project....

Elements: 3rd Degree Trespass (Penal Law § 140.10 [a]) The defendant entered or remained unlawfully in or upon building or real property; and The building or real property was fenced or otherwise enclosed in a manner to exclude trespassers; and The defendant did so knowingly.

Elements: 3rd Degree Trespass (Penal Law § 140.10 [b]) The defendant entered or remained unlawfully in or upon building or real property; and The building is an elementary or secondary school; and The entry and use was in violation of conspicuously posted rules or regulations; and The defendant did so knowingly.

Elements: 3rd Degree Trespass (Penal Law § 140.10 [c]) The defendant entered or remained unlawfully in or upon building or real property; and The building is a NYC elementary or secondary school; and The entry and use was in violation of a personally communicated request to leave the premises from a person in charge, such as a principal or custodian; and The defendant did so knowingly.

Elements: 3rd Degree Trespass (Penal Law § 140.10 [e]) The defendant entered or remained unlawfully in or upon building or real property; and The building is a NYC public housing project; and The entry and use was in violation of conspicuously posted rules or regulations; and The defendant did so knowingly.

Elements: 3rd Degree Trespass (Penal Law § 140.10 [f]) The defendant entered or remained unlawfully in or upon building or real property; and The building is a NYC public housing project; and The entry and use was in violation of a personally communicated request to leave the premises from a housing police officer or other person in charge; and The defendant did so knowingly.

Criminal trespass in the second degree (Penal Law § 140.15) Elevators: Trespass PLUS building is a dwelling

Elements: Criminal trespass in the second degree (Penal Law § 140.15) The defendant entered or remained unlawfully in or upon premises; and The premises is a dwelling; and The defendant did so knowingly.

Criminal trespass in the first degree (Penal Law § 140 Elevators: Trespass plus defendant: Possesses, or knows that another participant in the crime possesses, an explosive or a deadly weapon; or Possesses a firearm, rifle or shotgun with ammunition; or Knows that another participant in the crime possesses a firearm, rifle or shotgun with ammunition.

Elements: Criminal trespass in the first degree (Penal Law § 140 The defendant entered or remained unlawfully in or upon premises; and The defendant did so knowingly; and The defendant possessed, or knew that another participant in the crime possesses, an explosive or a deadly weapon

Elements: Criminal trespass in the first degree (Penal Law § 140 The defendant entered or remained unlawfully in or upon premises; and The defendant did so knowingly; and The defendant possessed a firearm, rifle or shotgun with ammunition.

Elements: Criminal trespass in the first degree (Penal Law § 140 The defendant entered or remained unlawfully in or upon premises; and The defendant did so knowingly; and The defendant knew that another participant possessed a firearm, rifle or shotgun with ammunition.

Burglary

Base Crime: Burglary in the third degree (Penal Law § 140.20) A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Trespass: knowingly enters or remains unlawfully in a building; Plus: with intent to commit a crime therein Crime: Felony or Misdemeanor

Elements: Burglary in the third degree (Penal Law § 140.20) The defendant entered or remained unlawfully in or upon premises; and The defendant did so knowingly; and The defendant entered with the intent to commit a crime in that building

Elevators Burglary PLUS defendant: Armed with explosives or a deadly weapon; or Causes physical injury to any person who is not a participant in the crime; or Uses or threatens the immediate use of a dangerous instrument; or Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm

Elevators Burglary PLUS: The building is a dwelling.

Burglary in the second degree (Penal Law § 140.25 [1] [a]) A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: Is armed with explosives or a deadly weapon

Elements: Burglary in the second degree (Penal Law § 140.25 [1] [a]) The defendant entered or remained unlawfully in or upon premises; and The defendant did so knowingly; and The defendant entered with the intent to commit a crime in that building; and The defendant, or co-defendant was armed with explosives or a deadly weapon

Burglary in the second degree (Penal Law § 140.25 [1] [b]) A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: Causes physical injury to any person who is not a participant in the crime

Elements: Burglary in the second degree (Penal Law § 140.25 [1] [b]) The defendant entered or remained unlawfully in or upon premises; and The defendant did so knowingly; and The defendant entered with the intent to commit a crime in that building; and The defendant, or co-defendant caused physical injury to any person who is not a participant in the crime

Burglary in the second degree (Penal Law § 140.25 [1] [c]) A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: Uses or threatens the immediate use of a dangerous instrument

Elements: Burglary in the second degree (Penal Law § 140.25 [1] [c]) The defendant entered or remained unlawfully in or upon premises; and The defendant did so knowingly; and The defendant entered with the intent to commit a crime in that building; and The defendant, or co-defendant used or threatened the immediate use of a dangerous instrument

Burglary in the second degree (Penal Law § 140.25 [1] [d]) A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm

Elements: Burglary in the second degree (Penal Law § 140.25 [1] [d]) The defendant entered or remained unlawfully in or upon premises; and The defendant did so knowingly; and The defendant entered with the intent to commit a crime in that building; and The defendant, or co-defendant displayed what appeared to to be a pistol, revolver, rifle, shotgun, machine gun or other firearm

Burglary in the second degree (Penal Law § 140.25 [2]) A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: The building is a dwelling.

(1) Elements: Burglary in the second degree (Penal Law § 140.25 [2]) The defendant entered or remained unlawfully in or upon premises; and The defendant did so knowingly; and The defendant entered with the intent to commit a crime in that building; and That building was a dwelling.

Elements: Burglary in the second degree (Penal Law § 140.25 [2]) The defendant entered or remained unlawfully in or upon a dwelling; and The defendant did so knowingly; and The defendant entered with the intent to commit a crime in that building.

Elevators Combining subdivisions (1) and (2) Everything in subdivision (1) PLUS it takes place in a dwelling

Elevators Burglary in a DWELLING PLUS defendant: Armed with explosives or a deadly weapon; or Causes physical injury to any person who is not a participant in the crime; or Uses or threatens the immediate use of a dangerous instrument; or Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm

Burglary in the first degree (Penal Law § 140.30 [1]) A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when: In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: Is armed with explosives or a deadly weapon

Elements: Burglary in the first degree (Penal Law § 140.30 [1]) The defendant entered or remained unlawfully in or upon a dwelling; and The defendant did so knowingly; and The defendant entered with the intent to commit a crime in that building; and The defendant, or co-defendant was armed with explosives or a deadly weapon

Burglary in the first degree (Penal Law § 140.30 [2]) A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when: In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: Causes physical injury to any person who is not a participant in the crime

Elements: Burglary in the first degree (Penal Law § 140.30 [2]) The defendant entered or remained unlawfully in or upon the dwelling; and The defendant did so knowingly; and The defendant entered with the intent to commit a crime in that building; and The defendant, or co-defendant caused physical injury to any person who is not a participant in the crime

Burglary in the first degree (Penal Law § 140.30 [3]) A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when: In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: Uses or threatens the immediate use of a dangerous instrument

Elements: Burglary in the first degree (Penal Law § 140.30 [3]) The defendant entered or remained unlawfully in or upon a dwelling; and The defendant did so knowingly; and The defendant entered with the intent to commit a crime in that building; and The defendant, or co-defendant used or threatened the immediate use of a dangerous instrument

Burglary in the first degree (Penal Law § 140.30 [4]) A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when: In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm

Elements: Burglary in the first degree (Penal Law § 140.30 [4]) The defendant entered or remained unlawfully in or upon a dwelling; and The defendant did so knowingly; and The defendant entered with the intent to commit a crime in that building; and The defendant, or co-defendant displayed what appeared to be a pistol, revolver, rifle, shotgun, machine gun or other firearm