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People v. Luke
The Luke case indirectly raises numerous public policy issues concerning policing of certain neighborhoods or populations (especially Black and Latino populations in cities). We will return more expressly in the weeks to come to these questions.
For now, simply consider Luke on its own terms: mens rea, of course, but also the nature of the crime of trespass itself. What are its other elements and what function do they serve? Why do we criminalize trespass at all, or should we?
Here is the statute for criminal trespass in the third degree under New York 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
(a) which is fenced or otherwise enclosed in a manner designed to
exclude intruders; 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 ...
Criminal trespass in the third degree is a class B misdemeanor [up to 3 months in jail].
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