Adds to the definition of trespassing in the third degree, not having entered a lease or license for such building or real property with the rightful owner, enters or remains in such building or upon such real property or otherwise occupies such building or real property without title, right, permission of the rightful owner, or payment of rent accepted by the rightful owner.
STATE OF NEW YORK
________________________________________________________________________
9757
IN ASSEMBLY
April 3, 2024
___________
Introduced by M. of A. FLOOD -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to criminal trespass in the
third degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (g) of section 140.10 of the penal law, as
2 amended by chapter 176 of the laws of 2011, is amended and a new subdi-
3 vision (h) is added to read as follows:
4 (g) where the property consists of a right-of-way or yard of a rail-
5 road or rapid transit railroad which has been designated and conspicu-
6 ously posted as a no-trespass railroad zone[.]; or
7 (h) not having entered a lease or license for such building or real
8 property with the rightful owner, enters or remains in such building or
9 upon such real property or otherwise occupies such building or real
10 property without title, right, permission of the rightful owner, or
11 payment of rent accepted by the rightful owner; provided, however, that
12 in any prosecution under this subdivision it shall be an affirmative
13 defense that the defendant is a tenant as defined in section seven
14 hundred eleven of the real property actions and proceedings law.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14645-01-4
