1. Criminal Trespass and Burglary Final

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

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

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

5. 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.

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

7. 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.

8. 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.

9. 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.

10. 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.

11. 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 ...

12. 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....

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

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

19. 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.

20. 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.

21. 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

22. 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.

23. 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.

24. Burglary

25. 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

26. 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

27. 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

28. Elevators
Burglary PLUS:
The building is a dwelling.

29. 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

30. 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

31. 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

32. 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

33. 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

34. 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

35. 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

36. 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

37. 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.

38. (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.

39. 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.

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

41. 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

42. 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

43. 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

44. 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

45. 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

46. 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

47. 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

48. 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

49. 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