New York State Private Investigator Practice Exam

What constitutes criminal trespass?

1. Unlawfully breaking into a property

2. Knowingly remaining on premises unlawfully

3. Entering a property without permission but not staying

4. Being hired to monitor premises without consent

The correct answer is: Knowingly remaining on premises unlawfully

The correct option highlights a key aspect of criminal trespass, which is the act of knowingly remaining on a property without authorization. This means that a person has entered a property, and despite being aware that they do not have permission to stay, they continue to occupy the space. This is crucial in establishing the intent and knowledge aspect of trespass laws, as simply entering a property without permission may not always constitute trespass if the person leaves immediately or was unaware of their unauthorized status. While unlawfully breaking into a property describes a type of entry, it does not encompass the idea of remaining there without permission. Additionally, entering without permission but leaving quickly does not fulfill the criteria for criminal trespass, as the unlawful condition only holds if the individual knows they shouldn't be there and chooses to stay. Being hired to monitor premises without consent pertains to the nature of the employment and does not directly address unauthorized entry or remaining on the property. In summary, the focus on knowingly remaining on premises unlawfully captures the essence of criminal trespass, which is vital in understanding how the law is applied in cases of unauthorized occupancy.