new york state laws: property crimes / burglary

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PROPERTY RELATED OFFENSES

Section 140.00 Criminal trespass and burglary;  definitions of terms - Suffolk County

 The following definitions are applicable to this article:

 1. "Premises" includes the term "building," as defined herein, and any real property.

 2. "Building," in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein, or used as an elementary or secondary school, or an inclosed motor truck, or an inclosed motor truck trailer.  Where a building consists of two or more units separately secured or occupied, each unit shall be deemed both a separate building in itself and a part of the main building.

 3. "Dwelling" means a building which is usually occupied by a person lodging therein at night.

 4. "Night" means the period between thirty minutes after sunset and thirty minutes before sunrise.

 5. "Enter or remain unlawfully."  A person "enters or remains unlawfully" in or upon premises when he is not licensed or privileged to do so.  A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person.  A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public.  A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner.  A person who enters or remains in or about a school building without written permission from someone authorized to issue such permission or without a legitimate reason which includes a relationship involving custody of or responsibility for a pupil or student enrolled in the school or without legitimate business or a purpose relating to the operation of the school does so without license and privilege. 
 
Section 140.05 Trespass - Suffolk County 

 A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.

 Trespass is a violation.
 

Section 140.10 Criminal trespass in the third degree. - Suffolk County

 A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property

 (a) which is fenced or otherwise enclosed in a manner designed to exclude intruders;  or

 (b) where the building is utilized as an elementary or secondary school or a children's overnight camp as defined in section one thousand three hundred ninety-two of the public health law or a summer day camp as defined in section one thousand three hundred ninety-two of the public health law in violation of conspicuously posted rules or regulations governing entry and use thereof;  or

 (c) located within a city with a population in excess of one million and where the building or real property is utilized as an elementary or secondary school in violation of a personally communicated request to leave the premises from a principal, custodian or other person in charge thereof;  or

 (d) located outside of a city with a population in excess of one million and where the building or real property is utilized as an elementary or secondary school in violation of a personally communicated request to leave the premises from a principal, custodian, school board member or trustee, or other person in charge thereof;  or

 (e) where the building is used as a public housing project in violation of conspicuously posted rules or regulations governing entry and use thereof;  or

 (f) where a building is used as a public housing project in violation of a personally communicated request to leave the premises from a housing police officer or other person in charge thereof;  or

 (g) where the property consists of a right-of-way or yard of a railroad or rapid transit railroad which has been designated and conspicuously posted as a no-trespass railroad zone, pursuant to section eighty-three-b of the railroad law, by the city or county in which such property is located.

 Criminal trespass in the third degree is a class B misdemeanor.
 

Suffolk County Criminal Lawyers
Section 140.15 Criminal trespass in the second degree - Suffolk County

 A person is guilty of criminal trespass in the second degree when he knowingly enters or remains unlawfully in a dwelling.

 Criminal trespass in the second degree is a class A misdemeanor.
 

Section 140.17 Criminal trespass in the first degree  - Suffolk County

 A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a building, and when, in the course of committing such crime, he:

  1. Possesses, or knows that another participant in the crime possesses, an explosive or a deadly weapon;  or

  2. Possesses a firearm, rifle or shotgun, as those terms are defined in section 265.00, and also possesses or has readily accessible a quantity of ammunition which is capable of being discharged from such firearm, rifle or  shotgun;  or

  3. Knows that another participant in the crime possesses a firearm, rifle or shotgun under circumstances described in subdivision two.

 Criminal trespass in the first degree is a class D felony.
 

Suffolk County Criminal Lawyer
Section 140.20 Burglary in the third degree - Suffolk County

 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.

 Burglary in the third degree is a class D felony.
 

Section 140.25 Burglary in the second degree - Suffolk County

 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:

  1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:

   (a) Is armed with explosives or a deadly weapon;  or

   (b) Causes physical injury to any person who is not a participant in the crime;  or

   (c) Uses or threatens the immediate use of a dangerous instrument;  or

   (d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm;  or

 2. The building is a dwelling.

 Burglary in the second degree is a class C felony. 
 
Section 140.30 Burglary in the first degree - Suffolk County

 A person is guilty of burglary in the first 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 dwelling or in immediate flight therefrom, he or another participant in the crime:

  1. Is armed with explosives or a deadly weapon;  or

  2. Causes physical injury to any person who is not a participant in the crime;  or

  3. Uses or threatens the immediate use of a dangerous instrument;  or

  4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm;  except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged.  Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, burglary in the second degree, burglary in the third degree or any other crime.

 Burglary in the first degree is a class B felony.
 

Section 140.35 Possession of burglar's tools - Suffolk County

 A person is guilty of possession of burglar's tools when he possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, or offenses involving larceny by a physical taking, or offenses involving theft of services as defined in subdivisions four, five and six of section 165.15, under circumstances evincing an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character.

 Possession of burglar's tools is a class A misdemeanor. 
 
Section 140.40 Unlawful possession of radio devices - Suffolk County

 As used in this section, the term "radio device" means any device capable of receiving a wireless voice transmission on any frequency allocated for police use, or any device capable of transmitting and receiving a wireless voice transmission.  A person is guilty of unlawful possession of a radio device when he possesses a radio device with the intent to use that device in the commission of robbery, burglary, larceny, gambling or a violation of any provision of article two hundred twenty of the penal law.

 Unlawful possession of a radio device is a class B misdemeanor.

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