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The crime known as Trespass, Penal Law Section 140.05, reads simply: ?A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.? Trespass is considered a violation and not a crime. The maximum punishment is a fine of $250 or up to 15 days in jail.
The elements of a cease and desist letter are rather simple: Include your name and address. Include the recipient's name and address. Demand the recipient to stop the harassment. Send it via certified mail, return receipt requested.
The sign must bear a conspicuous statement which shall either consist of the word "POSTED" or warn against entry for specified purposes or all purposes without the consent of the person whose name appears on the sign. These words must cover a minimum space of 80 square inches (about 9 by 9 inches) of the sign.
Many people use the terms cease-and-desist letter and cease and desist order interchangeably, but one significant difference should not be overlooked. A cease and desist letter has no legal standing. It is merely a warning and a request to stop the offending behavior before legal action is taken.
The Trespass Affidavit Program is designed to fight against individuals loitering on posted property. The Trespass Affidavit Program is one that requires an active role to be played by property owners by contacting the District Attorney's Office and asking to be included in the program.