CJI2d[NY] Penal Law § 140.10(e)

(Committed on or after Nov. 1, 1992)

(Revised Jan. 2013 and Jan. 2019)¹

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, which is used as a public housing project, and when that person does so in violation of conspicuously posted rules or regulations governing entry and use thereof.

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

[NOTE: Add, where appropriate:

The term BUILDING has its ordinary meaning. 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 which is used as a public housing project when that person has no license or privilege to enter [remain] in such building.⁴ To have no license or privilege to enter [remain] means to have no right, permission or authority to do so.

[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.⁵]

[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.⁶]

[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.⁷]

A person KNOWINGLY enters [remains] unlawfully in a building, which is used as a public housing project, in violation of conspicuously posted rules or regulations governing entry and use thereof, when that person is aware that he or she is entering [remaining] in such building without license or privilege to do so and in violation of such rules or regulations.⁸

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 each 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 which is used as a public housing project;

2. That the defendant did so knowingly; and

3. That the defendant did so in violation of conspicuously posted rules or regulations governing entry and use 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.