How Does New York State Define Trespassing? Are You Guilty of It?

New York has interesting definitions, and legal definitions, for many things. When I couldn't get someone to keep their dogs out of my yard, it got me to thinking, is this a form of trespassing? Or am I just tired of cleaning up someone else's dog poo?

What does New York State have to say about trespassing? Do you think that you may have (at one time) been guilty of it? Read on to find out more.

What does New York have to say about trespassing? Is it an arrestable offense?

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Ok, New York does lay out trespassing as the following (NYS Laws Penal 140, Section 0.5) : being on another person's property or even just remaining on someone's property without the express authorization to do so. The place where trespassing gets tricky is the word intent. Did a person intend to be on your property, without you authorizing it?

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What does intent mean in relation to trespassing in New York State?

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Intent is spelled out as a person who knew that they were on the property without your permission. Is the person walking their dog, and letting the dog relieve themselves in my yard trespassing? That is probably not a case of trespassing, unless that person actually encourages the dog to do its business in my yard, even going so far as placing the dog in my yard when they know it is time for "doggie business."

Come on, what if I can't get rid of someone and told them several times to go?

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If at anytime someone is making you feel unsafe or uncomfortable in your home or property, call the police. While it may or may not encourage that person to leave, you will be able to document the situation with the police.

What is the penalty for trespassing in New York State? Depending on the degree and how many times a person has done it, 15 days in jail (and up to 90 days).

In addition to knowing about trespassing, here are 17 other laws everyone in the State of New York should know, new laws.