a. Introduction
In a situation where a WMC victim is being filmed, photographed, stalked, harassed, etc. by an individual who has unlawfully entered upon his or her property, he or she could bring a claim of criminal trespass.
b. Text of Statutes
1) N.Y. Penal Law § 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
(1) Which is fenced or otherwise enclosed in a manner designed to exclude intruders; or
(2) 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
(3) Located within a city with a population of 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
(4) Located outside of a city with a population in excess of one million and where the building of 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
(5) Where the building is used as a public housing project in violation of conspicuously posted rules or regulations governing entry and use thereof; or
(6) 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
(7) 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.
2) N.Y. Penal Law § 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.
3) N.Y. Penal Law § 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.
c. Cases
Research is ongoing. My search of New York cases citing these statutes did not reveal any cases that are factually relevant or analogous to WMC’s target situations.
d. Practice Pointers
A claim for trespass will probably accompany other types of claims, e.g. harassment, etc., and will only be viable in situations where the perpetrator was unlawfully on the victim’s property.