Thread: Trespassing v2
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Old September 26, 2010, 10:12 AM   #20
Glenn Dee
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Join Date: September 9, 2009
Location: South Florida
Posts: 1,560
Chris...

I can answer your question as far as the State of New York. First off... simple trespass is NOT a crime. Trespass is a violation. Punishable by a fine or imprisonment for not more than 90 days. In the state of New York one can NOT use deadly physical force to prevent, terminate, or apprehend the offender of a violation.

There is a thin line between trespass, and burglary. A trespass in a bulding could easily be a burglary. One CAN use deadly physical force to terminate a burglary under specific conditions.

Look up NYS PL 140.05, and 140.10. Simple Trespass, and criminal trespass.
I'd also suggest you read 140.15, and 140.17. All different degree's of trespass in NYS. Under 140.17 you may find the answer to your question.

Also PL. 140.20, 140.25, and 140.30 may help clarify the situation you have in mind.

Glenn D
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