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 everybodyknows
   
Location: Ithaca, NY
bacon is meat candy
 |  |  | Laws and penalties for NY state
< on 1/8/2007 6:20 AM >
|  | | | does anybody know where i can find information on trespassing laws for NY state? or anywhere for that matter? i only know a little about the laws and it's always a good thing to know the law. i'm more curious to know what the penalties are if i get snagged in the act of exploring. it's not going to deter me, but it will help me make a better assessment of whether it's worth it or not before i enter a location.
"Dream as if you'll live forever. Live as if you'll die today." ~James Dean
"People break so easily, and so do dreams and hearts." ~Neil Gaiman |
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ems_ranger
| | Re: Laws and penalties for NY state
<Reply # 1 on 1/9/2007 12:15 PM >
| | | | Check this post:
Forum > Rookie Forum > Learn the Laws of the Land!
Pretty complete NYS laws there.
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DeMiNe0
  
Location: Brooklyn, NY
Gender: Male
DeMiNe0.CoM
| |  |  | |  | Re: Laws and penalties for NY state
<Reply # 2 on 1/9/2007 7:15 PM >
| | | | Trespass Sign Guidelines and laws:
http://www.dec.sta...rtsed/posting.html
This jumped out at me from this page:
Q. Must I post to keep people off my property?
A. No. Trespassing is illegal even on unposted property, unless it is unimproved, apparently unused and unfenced (or not otherwise enclosed to exclude intruders.) Even on vacant land, a written notice delivered in person (or by certified mail with a signed receipt, etc.) to any person, in the name of the landowner or authorized party, containing a description of the premises and a warning of restrictions which apply has the same effect, for that person, as if the land were posted with those restrictions. Likewise, anyone asked to leave the premises, posted or not, by the landowner, occupant or other authorized person, must do so immediately. |
ABS Laws:
http://public.legi...41904+&TARGET=VIEW
Penial Codes:
Section 140.05 Trespass
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.
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.
Section 140.15 Criminal trespass in the second degree
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
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.
Look up the penial codes on google to find more information
A good resource is this page also:
http://wings.buffa...lc/web/NewYork/ny3(a)(1)-.htm
[last edit 1/9/2007 7:15 PM by DeMiNe0 - edited 1 times]
HtTp://WwW.DeMiNe0.CoM |
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crash
Location: White Plains, NY
Gender: Female
| | | | Re: Laws and penalties for NY state
<Reply # 3 on 1/9/2007 11:06 PM >
| | | | that's not a pretty thing to have on record.
These descriptions are very clear though, thanks for providing them!
FLICKR: http://www.flickr..../rockmycameraphoto |
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Amanda
| |  | | Re: Laws and penalties for NY state
<Reply # 4 on 1/10/2007 2:08 AM >
| | | | I've heard of many incidences where the cops just let them off since they weren't doing any harm.
I can understand if someone is vandalizing or destroying a building, but if you're just going in there, no harm done.
I suppose it's all up to the attitude of the cop and yourself in order to deal with it.
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Vellian
Location: Binghamton NY
Gender: Male
| | Re: Laws and penalties for NY state
<Reply # 5 on 1/10/2007 3:56 AM >
| | | | from my experience on other matters not trespassing police officers are rather nice if you are polite to them and do not mouth off. Of course you take your chances when you have a run in with them
"He who controls the past commands the future. He who commands the future conquers the past."
-George Orwell |
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everybodyknows
Location: Ithaca, NY
bacon is meat candy
| | | Re: Laws and penalties for NY state
<Reply # 6 on 1/11/2007 7:36 PM >
| | | | thanks, i tried googling to try and find the laws before i posted that here, but had trouble with that. what i'm gonna be doing would be 3rd degree criminal trespass. i'd rather not have a run in, but the cops here are pretty nice especially if you're polite and cooperative. there are a few assholes among them, but that's to be expected.
[last edit 1/12/2007 5:32 AM by everybodyknows - edited 1 times]
"Dream as if you'll live forever. Live as if you'll die today." ~James Dean
"People break so easily, and so do dreams and hearts." ~Neil Gaiman |
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