CJI2d[NY] Penal Law § 140.10(d)

The (specify) count is Criminal Trespass in the Third Degree.

Under our law, a person is guilty of Criminal Trespass in the Third Degree when that person knowingly enters [remains]² unlawfully in a building [or upon real property] 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, and where that person enters [remains] 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.

New York City is a city with a population in excess of one million. There is no city outside of New York City in the State of New York that has a population in excess of one million.

The following terms used in that definition have a special meaning:

[NOTE: Add, where appropriate:

The term BUILDING has its ordinary meaning and includes any structure, vehicle or watercraft used as an elementary or secondary school. 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]

A person enters [remains] UNLAWFULLY in a building [or upon real property] located outside of a city with a population in excess of one million and utilized as an elementary or secondary school when that person has no license or privilege to enter [remain] in such building [or upon such real property].⁴ To have no license or privilege to enter [remain] means to have no right, permission or authority to do so.

A person enters [remains in or about] a school building without license or privilege when such person does so 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.⁵

[NOTE: Add, where appropriate:

A person who is subject to and knows of an order of protection directing him/her to stay away from a building which he/she knowingly enters, even by invitation or permission, UNLAWFULLY enters that building.⁶]

[NOTE: Add, where appropriate:

A person who, regardless of his or her intent, enters [remains] in or upon premises which are at the time open to the public does so with license and privilege unless he or she defies a lawful order not to enter [remain], personally communicated to him or her by the owner of such premises or other authorized person.⁷]

[NOTE: Add, where appropriate:

A license or privilege to enter [remain] in a building which is only partly open to the public is not a license or privilege to enter [remain], in that part of the building which is not open to the public.⁸]

A person KNOWINGLY enters [remains] unlawfully in a building [or upon real property], which is located outside of a city with a population in excess of one million and 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, when that person is aware that he or she is entering [remaining] in such building [or upon such real property] without license or privilege to do so and in violation of such a request to leave.⁹

In order for you to find the defendant guilty of this crime, the People are required to prove from all the evidence in the case beyond a reasonable doubt both of the following three elements:

1. That on or about (date) , in the County of (County), the defendant, (defendant's name), entered [remained] unlawfully in a building [or upon real property] located outside a city with a population in excess of one million that was utilized as an elementary or secondary school;

2. That the defendant did so knowingly; and

3. That the defendant did so 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.

If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.