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codyman144
Dec 17, 2008, 09:33 AM
I would like to discuss the trespass laws in NY and how it relates to what is known as urban exploring (The activity of going to abandoned places to take pictures and check it out). Not something that I do but I find it intriguing and may partake some day in the future.

What are the penalties for trespass and the different degrees involved? When does just simple trespass become criminal trespass and when does it cross the line into B&E? Also, I have heard that you should be concerned with having what my be considered burglary tools if all you want to do is look around what shouldn’t you have?

Can you actually get arrested for simple trespass or is it just a violation and a fine. I would not get involved in anything that is an actual crime (misdemeanor or felony) because then I would have to talk about it every time I wanted to get a job.

N0help4u
Dec 17, 2008, 09:39 AM
If you are caught trespassing in abandoned buildings...
The police can charge you for B&E and trespassing and criminal mischief and whatever else they can think up. Then when you are in court it is up to the Judge to reduce the charges to what they feel.
At minimum you would most likely end up with around a $300. Fine.

If you want to go in abandoned houses you should go through the proper channels and explain why you want to do so. If they think it is reasonable I am sure they can come up with some kind of permit for you.

Fr_Chuck
Dec 18, 2008, 03:11 PM
Sorry docyman144, of course they can change you with it, and it will be your attorneys issue to prove you did not. An open window, did you force it open, open door , did you break the lock.

If you think you have the answers don't waste out time by asking, just go and ask for the numbers of good bail bondsmen in your area.

Urban exploring is breaking and entering and/or tresspassing on the private property of others, or on city or government owned property.
And what is really great your camera photos is the evidence to prove you did not only what they stop you for, but after they may search your home for more, change you with additional ones ( if they wanted to)

We are telling you what could happen, will it, most likely a lazy fat police officer will call though his loud speaker to tell you to get on out of there. But perhaps on the other hand you will wonder into a drug deal going down and the dealers will shoot first and let your body be part of the new urban landscape.

Tools can be a screw driver, pliers, a knife or amost anything used to open something.

JudyKayTee
Dec 19, 2008, 06:10 AM
Yes, in my area it's B&E, trespassing and vandalism - and I'm in NY.

N0help4u
Dec 19, 2008, 06:15 AM
At minimum you would most likely end up with around a $300. fine.



Forgot to mention that is minimum $300. Per charge, per house, per..,.

codyman144
Jan 17, 2009, 08:48 PM
Sorry about being a jerk before (My Bad) but I did feel like I was being lectured for something I said I don't personally do. My question was to discuss the types of crimes involved and when they can become more serious crimes. I still don't think UE is B&E at all and I don't think anyone goes into people’s homes, more like old abandoned buildings; think big places (hospitals, schools, insane asylums).

But anyway I eventually found exactly what I was looking for before so I thought I would share it:

NY – New York
Consolidated Laws of New York

PEN Title I - Article 140 - Section 140.05 - Trespass.

§ 140.05 Trespass.
A person is guilty of trespass when he knowingly enters or remains
Unlawfully in or upon premises.
Trespass is a violation.


PEN Title I - Article 140 - Section 140.10 - Criminal trespass in the third degree.

§ 140.10 Criminal trespass in the third degree.
A person is guilty of criminal trespass in the third degree when he
Knowingly enters or remains unlawfully in a building or upon real
Property
(a) which is fenced or otherwise enclosed in a manner designed to
Exclude intruders; or
(b) where the building is utilized as an elementary or secondary
School or a children's overnight camp as defined in section one thousand
Three hundred ninety-two of the public health law or a summer day camp
As defined in section one thousand three hundred ninety-two of the
Public health law in violation of conspicuously posted rules or
Regulations governing entry and use thereof; or
(c) located within a city with a population in excess of one million
And where the building or real property is utilized as an elementary or
Secondary school in violation of a personally communicated request to
Leave the premises from a principal, custodian or other person in charge
Thereof; or
(d) located outside of a city with a population in excess of one
Million and where the building or real property is utilized as an
Elementary or secondary school in violation of a personally communicated
Request to leave the premises from a principal, custodian, school board
Member or trustee, or other person in charge thereof; or
(e) where the building is used as a public housing project in
violation of conspicuously posted rules or regulations governing entry
And use thereof; or
(f) where a building is used as a public housing project in violation
Of a personally communicated request to leave the premises from a
Housing police officer or other person in charge thereof; or
(g) where the property consists of a right-of-way or yard of a
Railroad or rapid transit railroad which has been designated and
Conspicuously posted as a no-trespass railroad zone, pursuant to section
Eighty-three-b of the railroad law, by the city or county in which such
Property is located.
Criminal trespass in the third degree is a class B misdemeanor.


PEN Title I - Article 140 - Section 140.15 - Criminal trespass in the second degree.

§ 140.15 Criminal trespass in the second degree.
A person is guilty of criminal trespass in the second degree when he
Knowingly enters or remains unlawfully in a dwelling.
Criminal trespass in the second degree is a class A misdemeanor.


PEN Title I - Article 140 - Section 140.17 - Criminal trespass in the first degree.

§ 140.17 Criminal trespass in the first degree.
A person is guilty of criminal trespass in the first degree when he
Knowingly enters or remains unlawfully in a building, and when, in the
Course of committing such crime, he:
1. Possesses, or knows that another participant in the crime
Possesses, an explosive or a deadly weapon; or
2. Possesses a firearm, rifle or shotgun, as those terms are defined
In section 265.00, and also possesses or has readily accessible a
Quantity of ammunition which is capable of being discharged from such
Firearm, rifle or shotgun; or
3. Knows that another participant in the crime possesses a firearm,
Rifle or shotgun under circumstances described in subdivision two.
Criminal trespass in the first degree is a class D felony.

mud1070
Jun 10, 2009, 09:31 AM
Criminal Mischief, petit larceny and aggravated harassment are all Class A misdemeanors: Penalties and fines are listed below, I will highlight the area that applies to your case. Now the trespass sect 140.05 has no mention as to what type of misdemeanor it is. In this respect the Judge has the discretion to decide the amount of sentence or fine.

§ 140.05 Trespass.
A person is guilty of trespass when he knowingly enters or remains
unlawfully in or upon premises.
Trespass is a violation.

§ 80.05 Fines for misdemeanors and violation.
1. Class A misdemeanor. A sentence to pay a fine for a class A
misdemeanor shall be a sentence to pay an amount, fixed by the court,
not exceeding one thousand dollars, provided, however, that a sentence
imposed for a violation of section 215.80 of this chapter may include a
fine in an amount equivalent to double the value of the property
unlawfully disposed of in the commission of the crime.
2. Class B misdemeanor. A sentence to pay a fine for a class B
misdemeanor shall be a sentence to pay an amount, fixed by the court,
not exceeding five hundred dollars.
3. Unclassified misdemeanor. A sentence to pay a fine for an
unclassified misdemeanor shall be a sentence to pay an amount, fixed by
the court, in accordance with the provisions of the law or ordinance
that defines the crime.
4. Violation. A sentence to pay a fine for a violation shall be a
sentence to pay an amount, fixed by the court, not exceeding two hundred
fifty dollars.
In the case of a violation defined outside this chapter, if the amount
of the fine is expressly specified in the law or ordinance that defines
the offense, the amount of the fine shall be fixed in accordance with
that law or ordinance.
5. Alternative sentence. If a person has gained money or property
through the commission of any misdemeanor or violation then upon
conviction thereof, the court, in lieu of imposing the fine authorized
for the offense under one of the above subdivisions, may sentence the
defendant to pay an amount, fixed by the court, not exceeding double the
amount of the defendant's gain from the commission of the offense;
provided, however, that the amount fixed by the court pursuant to this
subdivision upon a conviction under section 11-1904 of the environmental
conservation law shall not exceed five thousand dollars. In such event
the provisions of subdivisions two and three of section 80.00 shall be
applicable to the sentence.

6. Exception. The provisions of this section shall not apply to a
corporation.



Sentencing information can be found below:

§ 70.15 Sentences of imprisonment for misdemeanors and violation.
1. Class A misdemeanor. A sentence of imprisonment for a class A
misdemeanor shall be a definite sentence. When such a sentence is
imposed the term shall be fixed by the court, and shall not exceed one
year; provided, however, that a sentence of imprisonment imposed upon a
conviction of criminal possession of a weapon in the fourth degree as
defined in subdivision one of section 265.01 must be for a period of no
less than one year when the conviction was the result of a plea of
guilty entered in satisfaction of an indictment or any count thereof
charging the defendant with the class D violent felony offense of
criminal possession of a weapon in the third degree as defined in
subdivision four of section 265.02, except that the court may impose any
other sentence authorized by law upon a person who has not been
previously convicted in the five years immediately preceding the
commission of the offense for a felony or a class A misdemeanor defined
in this chapter, if the court having regard to the nature and
circumstances of the crime and to the history and character of the
defendant, finds on the record that such sentence would be unduly harsh
and that the alternative sentence would be consistent with public safety
and does not deprecate the seriousness of the crime.
2. Class B misdemeanor. A sentence of imprisonment for a class B
misdemeanor shall be a definite sentence. When such a sentence is
imposed the term shall be fixed by the court, and shall not exceed three
months.
3. Unclassified misdemeanor. A sentence of imprisonment for an
unclassified misdemeanor shall be a definite sentence. When such a
sentence is imposed the term shall be fixed by the court, and shall be
in accordance with the sentence specified in the law or ordinance that
defines the crime.
4. Violation. A sentence of imprisonment for a violation shall be a
definite sentence. When such a sentence is imposed the term shall be
fixed by the court, and shall not exceed fifteen days.
In the case of a violation defined outside this chapter, if the
sentence is expressly specified in the law or ordinance that defines the
offense and consists solely of a fine, no term of imprisonment shall be
imposed.





http://www.justanswer.com/questions/rbip-please-tell-minimum-maximum#ixzz0I2uQiFTJ&D


http://www.justanswer.com/questions/rbip-please-tell-minimum-maximum#ixzz0I2uQiFTJ&D

snap228
Sep 23, 2009, 02:00 PM
Hi,

I know I'm late, but I have been actively Urban Exploring for about a year now. The answer to your question (as others have pointed out) is yes, you can be prosecuted. In fact, right now I have a trespassing violation pending against me (I go to court tomorrow). As with anything worth doing, there are risks.

Generally, people at abandoned buildings are watching out for vandals and burglers, so they aren't quite sure what to do with someone that "just wanted to take pictures." This can be to your advantage, however, on the downside, they can also decide to treat you the same as said burglars and vandals. In addition, do not, I repeat, do NOT bring along any B&E tools. This includes, but is not limited to, lock picks, bump keys, bolt cutters, or anything else that suggests forced entry. Also do not bring along any illegal weapons (switch blades, for instance), or illegal/controled substances. If you are caught trespassing, it is likely they will want to search your bags, and if these things are found on you it will certainly up the charges.

The best way to avoid a B&E charge is to not do it. Now this may be easier said than done. They can technically charge you with B&E even if you did no breaking. For opening an unlocked door, for instance. You had to apply pressure to open it, didn't you? Stupid, I know. But, unfortunately that's how it works. Even if you crawled through an open window, or went through a wide open door, what's to stop the security/police officer from saying they saw you B&E? It's your word against theirs.

So my advice would be this: consider how much you want to get into exploring. It's certainly a fascinating hobby that literally shows you a whole new world you never knew existed, but it can have its price. There are many other dangers to exploring, as well, that I won't get into (I'm sure you're well aware of many of them), but you can message me if you have any additional questions in relation to exploring.