New York Trespassing Laws (2026): Know Your Rights and Limits

Most people think trespassing is just one simple crime. But here’s the thing: New York has multiple trespassing laws, and they carry different penalties. You could face jail time, hefty fines, or both. The consequences depend on exactly what you did and where you did it.

Let’s break down everything you need to know about New York trespassing laws. This matters whether you’re a homeowner protecting your property or just someone trying to stay out of legal trouble.

What Exactly Is Trespassing?

Trespassing means going onto someone else’s property without permission. Sound straightforward? Here’s where it gets tricky. The law covers way more than you might think.

You’re trespassing if you enter someone’s land, building, or vehicle without consent. But you’re also trespassing if you stay on property after being asked to leave. Pretty straightforward, right? The key is that you either shouldn’t be there at all, or you’ve overstayed your welcome.

The reason these laws exist is simple: people have a right to control who enters their property. New York takes this seriously.

Basic Trespassing Laws in New York

Trespassing in the Third Degree

This is the most common trespassing charge in New York. You commit this crime when you knowingly enter or stay on someone’s property without permission. You can also be charged if you refuse to leave when asked.

The property owner doesn’t even need to post “No Trespassing” signs for this to apply. Your knowledge that you’re not supposed to be there is what matters. Courts look at whether a reasonable person would understand they’re trespassing.

Here’s the important part: this is a violation, not a felony. That sounds better, but violations still go on your record and can hurt your future. You could face up to 15 days in jail and a fine up to $250. In some cases, you might get just a ticket instead.

Trespassing in the Second Degree

Wait, it gets more serious. Second-degree trespassing happens when you enter someone’s property and know (or should know) that you’re not welcome. The property owner might have posted signs, fenced the area, or told you directly to stay out.

This charge is more serious because you had actual notice that trespassing wasn’t allowed. The law assumes you deliberately ignored the warning. Second-degree trespassing is a misdemeanor, which is worse than a violation.

You could face up to 90 days in jail and fines up to $500. That’s a much bigger deal. This stays on your criminal record longer too.

Trespassing in the First Degree

Now we’re talking about the serious stuff. First-degree trespassing happens when you enter someone’s property knowing they don’t want you there, AND you create a significant risk of injury or damage.

Maybe you brought tools that could damage the property. Maybe you’re trespassing in a dangerous area where you could get hurt or hurt someone else. The key is that your presence creates actual danger.

This is a Class D felony in New York. You could face up to a year in prison and fines up to $1,000. A felony conviction can seriously impact your future, your job, and your housing options.

When Trespassing Gets Really Serious

Criminal Trespass of a Building

If you enter someone’s building (like an office, apartment, or warehouse) without permission, you’re committing criminal trespass of a building. This applies even if you don’t damage anything.

Buildings get special protection under New York law. The law recognizes that buildings contain people’s private spaces and valuables. Breaking in or staying without permission is treated more harshly than trespassing on open land.

Depending on the circumstances, you could face misdemeanor charges with up to 90 days in jail. If the building is used for housing, the penalties can be even steeper.

Trespassing on Railroad Property

Okay, pause. This one’s really important. Trespassing on railroad property is incredibly dangerous, and New York has strict laws about it.

If you go on railroad tracks or railroad property without permission, you could face Class B misdemeanor charges. That means up to three months in jail and fines up to $500. Plus, you’re risking your life. Train operators can’t stop quickly. People die this way.

The railroads have signs posted everywhere for a reason. They’re not trying to ruin anyone’s day. They’re trying to keep people alive.

Trespassing in Protected Areas

Some places have even stricter trespassing laws. These include parks, beaches, and protected natural areas. If a park has specific hours (like closing at sunset), you’re trespassing if you stay past those hours.

Protected wetlands and wildlife areas have especially strict rules. You could face felony charges if you trespass in these sensitive environmental areas. The state takes protecting these areas seriously.

Penalties and Consequences You Really Need to Know

Let’s get specific about what happens if you get caught.

Violation (Third-Degree Trespassing): Up to 15 days in jail and $250 fine. This is the least serious, but don’t be fooled. It still shows up on background checks.

Misdemeanor (Second-Degree Trespassing): Up to 90 days in jail and up to $500 fine. Now you’ve got a criminal record. This affects job applications, housing, and loans.

Class D Felony (First-Degree Trespassing): Up to one year in state prison and up to $1,000 fine. This is serious. You’ll have trouble finding employment and housing for years.

Class B Misdemeanor (Railroad Property): Up to three months in jail and up to $500 fine, plus you’ve risked your life.

The fines listed are the maximum. Judges have discretion. But understand: trespassing isn’t something you walk away from clean. Even the lowest-level violation stays on your record.

Now, here’s where it gets interesting. Courts also consider whether you caused damage. If you trespass and destroy property, you’ll face additional charges. You might be sued for damages too. A homeowner can pursue civil action against you for repairs.

Special Circumstances and Exceptions

When You Might Not Be Trespassing

Here’s something most people don’t realize: you might have permission to be somewhere without realizing it. Customers in stores? You have implied permission. Guests in homes? You have permission from the owner.

The permission can be withdrawn. If a store manager tells you to leave, you must leave. Stay, and you’re trespassing. This catches a lot of people off guard.

What About Abandoned Property?

A lot of people assume abandoned buildings are fair game. They’re not. Ownership doesn’t disappear just because a building looks empty. Someone still owns that property, and you need their permission to enter.

Even if a place looks completely abandoned, trespassing charges can still apply. Courts don’t care if you think the owner has forgotten about it. They only care whether you had permission.

Emergency Situations

If your child is on someone’s property and you need to enter to get them, you probably have legal justification. Same goes if someone’s in immediate danger. But “probably” isn’t good enough. You should call police and let them handle serious emergencies.

Don’t assume you can break onto someone’s property yourself. Courts look at whether your emergency was real and whether your response was reasonable.

What Happens If You Get Charged with Trespassing

Okay, here’s what you should do if police accuse you of trespassing.

First, don’t argue with police. Stay calm. Cooperate physically (let them search if they have a warrant, show ID, etc.). But don’t answer questions without a lawyer. You have the right to remain silent. Use it.

You can request a lawyer even if you can’t afford one. The court will provide a public defender. Don’t talk to police without your lawyer present. Seriously.

Possible Outcomes

You might get arrested and taken to jail. You’ll get a court date. At that point, several things could happen. You could plead guilty, plead not guilty, or accept a deal where charges are reduced.

Many trespassing cases get dismissed or reduced, especially if this is your first offense. A good lawyer might argue that you had implied permission or didn’t actually know you were trespassing. Evidence matters here.

How to Protect Your Own Property from Trespassers

If you’re the property owner, you have rights too. Here’s what you can do.

Post “No Trespassing” signs clearly. Place them at all entry points. Make it obvious that trespassing isn’t welcome. This strengthens your legal position if you need to prosecute.

You can also fence your property or use other physical barriers. These show clear intent to exclude people. They also serve as warning to potential trespassers.

If someone trespasses despite your warnings, contact police. Don’t confront the trespasser yourself. They might be dangerous. Let law enforcement handle it. Report the incident and keep records.

Actually, keeping records is important. Take photos or videos of trespassers if it’s safe to do so. Note dates and times. This documentation helps police when you file a report.

Recent Changes to New York Trespassing Laws

In 2020, New York updated some aspects of trespassing law to address repeat offenders more harshly. Judges now have clearer guidelines about escalating penalties for people with prior trespassing convictions.

There’s also been increased focus on trespassing in residential areas. New York recognizes that home invasion-related trespassing feels different than entering an abandoned building. Penalties reflect this.

The law also clarified that “temporary occupation” of property (like squatting) can constitute criminal trespass. You can’t just move into an empty building and claim tenant rights. That’s trespassing, period.

Frequently Asked Questions

If I’m in a store and asked to leave, is that trespassing? If you refuse and stay after being asked to leave, yes, that’s trespassing. The store revoked your permission. You’re now there unlawfully.

Can I go on someone’s land if there’s no fence or signs? Not necessarily. The person could tell you to leave verbally, and you’d then be trespassing if you stay. Lack of signs doesn’t mean you have permission.

What if I thought the land was abandoned? Your beliefs don’t matter legally. If you don’t have permission and aren’t the owner, trespassing charges can apply. Good intentions don’t protect you.

Is trespassing a felony or misdemeanor? It depends on the circumstances. Third-degree is a violation. Second-degree is a misdemeanor. First-degree is a felony. Railroad trespassing is a misdemeanor.

Can I sue someone for trespassing on my property? Yes. You can pursue civil action for damages. You can also ask the court for an injunction to keep them off your property.

What’s the difference between trespassing and breaking and entering? Breaking and entering involves forced entry. Trespassing just means being there without permission. Breaking and entering carries more serious penalties.

If I’m arrested for trespassing, should I talk to police? No. Politely ask for a lawyer and stay quiet until one is present. Anything you say can be used against you.

Can trespassing charges be dropped? Yes. With a good defense or evidence that you had permission, charges can be dismissed. Many cases get reduced or dismissed.

Final Thoughts

Trespassing laws in New York are serious. They exist to protect people’s property rights and safety. You don’t need to fully understand every detail, but you should know the basics.

The main takeaway? Don’t go on someone else’s property without permission. If you’re asked to leave, leave. If you own property, post signs and contact police if someone trespasses.

If you get charged with trespassing, get a lawyer immediately. Don’t talk to police without one. Many charges can be reduced or dismissed with proper legal help.

Stay safe, respect other people’s property, and when in doubt, ask permission first. That’s really all you need to do to stay out of legal trouble.

References

• New York Penal Law Section 140 (Trespass and Related Offenses) https://www.nysenate.gov/legislation/laws/PEN/140
• New York State Courts: Criminal Defense Information https://www.nycourts.gov/
• Legal Aid Society of New York https://www.legalaidnyc.org/
• New York State Police: Trespassing Laws Fact Sheet https://www.troopers.ny.gov/
• New York Tenant and Landlord Association (NYTLA) Resources https://www.nytla.org/
• Citizens Union Foundation: Know Your Rights Guide https://www.citizensunion.org/