New York Consolidated Laws, Penal Law - PEN § 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.

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