New York State Court Officers Practice Exam

What constitutes "Criminal Trespass" (PL 140.10) based on the description?

1. Unlawful entry into a vehicle

2. Legal entry into a building

3. Entering premises during business hours

4. Unlawful entry into a building or upon real property

The correct answer is: Unlawful entry into a building or upon real property

The definition of "Criminal Trespass" under Penal Law 140.10 specifically involves the unlawful entry into a building or onto real property without permission. This definition highlights the importance of consent regarding access to someone's property. The correct choice captures the essence of this law clearly, as it encompasses both unlawful entry into a structure and onto land, which can include both residential and commercial properties. Other choices do not align with the definition of criminal trespass. Legal entry, such as entering a building with permission or during business hours, is not considered trespass, as it involves consent from the property owner or lawful tenant. Thus, the focus on the aspect of unlawful entry in the correct choice is paramount to understanding what constitutes criminal trespass.