Includes premises used as a farm operation within the crime of burglary in the second degree.
Summary
This bill amends New York’s burglary in the second degree statute to expand the locations covered by the offense. Under current law, burglary in the second degree applies when a person knowingly enters or remains unlawfully in a building with intent to commit a crime and one of several aggravating circumstances is present, or when the building is a dwelling. The bill changes the wording from “building” to “premises” in the core offense language and adds a new category covering real property used as a farm operation, as defined in the Agriculture and Markets Law.
As drafted, the measure would make unlawful entry onto farm operations eligible for second-degree burglary treatment when the other elements of the crime are met, even if the property is not a traditional building or dwelling. It also updates gendered language in the Penal Law to gender-neutral phrasing and makes the amendment effective immediately. The offense remains a class C felony.
Impact
The bill would broaden Penal Law section 140.25 by extending second-degree burglary to certain farm properties and by replacing some references to entry into a “building” with entry onto “premises.” This would give prosecutors an additional basis to charge burglary in the second degree for unlawful entries involving farm operations, potentially increasing criminal exposure for defendants who target agricultural property. The amendment would affect property owners, farmers, law enforcement, and prosecutors by expanding the range of locations protected under the burglary statute.
Sentiment
There is no recorded committee transcript or vote history available for this bill, so no direct legislative debate or roll-call sentiment can be assessed from the provided materials. Based on the bill text and caption, the measure appears to be framed as a public-safety and property-protection expansion for agricultural operations. The available record does not show opposition, amendments, or formal support statements.
Contention
The main policy issue raised by the bill is the expansion of burglary liability from traditional buildings to farm operations and broader “premises” language. Supporters would likely view this as necessary to protect farms, equipment, livestock areas, and other agricultural property from trespass and theft-related crimes. Potential concerns could include whether the broader wording creates uncertainty about what locations qualify as “premises,” and whether it expands felony burglary liability beyond the traditional focus on buildings and dwellings. No specific stakeholders or objections are identified in the provided record.