CJI2d[NY] Penal Law § 140.17(3)

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

Under our law, a person is guilty of Criminal Trespass in the First Degree when that person knowingly enters [remains]² unlawfully in a building, and when, in the course of committing such crime, that person knows that another participant in the crime possesses a firearm [or a rifle] [or a shotgun] and also possesses or has readily accessible a quantity of ammunition which is capable of being discharged from such firearm [or rifle] [or shotgun].

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

[NOTE: Add, where appropriate:

In addition to its ordinary meaning, the term BUILDING includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein, or used as an elementary or secondary school, or an inclosed motor truck, or an inclosed motor truck trailer.³]

[NOTE: Add, where appropriate:

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.⁴]

A person enters [remains] UNLAWFULLY in a building when that person has no license or privilege to enter [remain] in that building.⁵ 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.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 when that person is aware that he or she is entering [remaining] in such building without license or privilege to do so.⁹

POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.¹⁰

FIREARM means any pistol or revolver.¹¹

[RIFLE means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.¹²]

[SHOTGUN means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.¹³]

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) , unlawfully entered [remained] in a building located at (specify) ;

2. That the defendant did so knowingly; and

3. That, in the course of committing that crime, the defendant knew that another participant in the crime possessed a firearm [or a rifle] [or a shotgun] and also possessed or had readily accessible a quantity of ammunition which was capable of being discharged from such firearm [or rifle] [or shotgun].

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.