Sergeants Exam 2021- Trespass Flashcards
Criminal Trespass in the Third Degree
140.05
Knowingly enters or remains unlawfully in or upon premises.
(a)which is fenced or otherwise enclosed to in a
manner to exclude intruders
(b) building is an elementary or secondary school,
children’s overnight camp, or
summer day camp
(c) located within a city with a population over 1 Million
and the building is utilized as a elementary or
secondary school and the person has been asked to
leave the premises from a person in charge (principal,
custodian, etc)
(d) located outside fo a city of 1 million or more, the
building is used as a public housing project and is i.
n violation of the
(e) posted rules or regulations
(f) requested to leave by housing police officer,
or other person in charge
(g) where the property consists of a right-of-way, yard
of a railroad or rapid transit and has been designated
by a “no- trespass” railroad zone.
Class B Misdemeanor
Criminal Trespass in the Second Degree
140.15
1. He or she knowingly enters or remains unlawfully in a dwelling
2. Being a person required to maintain registration and designated a level 2 or level 3 offender, remains in a public or private elementary, parochial, intermediate junior high, vocational or high school knowing that the victim of the offense which registration is required attends or formerly attended such school.
- it will not be an offense subject to prosecution if:
(a)the person lawfully is registered at the school
(b)lawful student participant in the school sponsored
event
(c) the person is parent or legal guardian of the
registered student and enters thew school for the
sole purpose of attending the child or
dependents event or activity.
(d) such school is the persons designated polling
place
(e) enters the school for limited purposes authorized
by the superintendent of chief administrator of the
school
Criminal Trespass in the Second Degree is a class A misdemeanor
Criminal Trespass in the First Degree
140.17
He or she knowingly enters or remains unlawfully in a building, and when, in the course of committing a crime he:
1. possesses or knows another participant in the crime possesses a deadly weapon, an explosive or deadly weapon.
2. possess a firearm, rifle or shotgun, with a readily accessible quantity of ammunition which is capable of being discharged from such firearms
3. Knows that another participant in the crime possesses a firearm, rifle or shotgun as described in bullet 2.
Criminal Trespass in the First Degree is a Class D Felony