Trespass - Penal Law Section 140.05

Discussion

Trespass is an ever popular summons for the police to give to gatherings of people (often younger people) in public housing areas. These summonses are also given for offenses like being on rooftops of buildings when those rooftops are supposed to be off limits to tenants.

The good news is that trespass from Penal Law Section 140.05 is not a crime. It is a violation. Therefore, conviction of trespass under PL 140.05 does not give a person a criminal record.

The text of Penal Law Section 140.05:

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

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