New York Penal Law Section 35.20 defines when physical force may be justified to protect premises and during a burglary. It does not create unrestricted authority to use force against a trespasser or to protect property.[1]
Crime Involving Damage to Premises
Any person may use non-deadly physical force when the person reasonably believes it is necessary to prevent or terminate what the person reasonably believes is a crime or attempted crime involving damage to premises. Deadly physical force is permitted under this subdivision only when the person reasonably believes it is necessary to prevent or terminate arson or attempted arson.[1]
Criminal Trespass
A person in possession or control of premises, or a person licensed or privileged to be there, may use non-deadly physical force when the person reasonably believes it is necessary to prevent or terminate criminal trespass or attempted criminal trespass. The same subdivision permits deadly physical force for arson under subdivision 1 or in the course of a burglary or attempted burglary under subdivision 3. It is therefore inaccurate to describe subdivision 2 as authorizing only non-deadly force in every circumstance.[1]
Burglary of a Dwelling or Occupied Building
A person in possession or control of, or licensed or privileged to be in, a dwelling or occupied building may use deadly physical force when the person reasonably believes another person is committing or attempting a burglary there and reasonably believes deadly force is necessary to prevent or terminate that burglary.[1][3]
Statutory Definitions
Section 35.20 adopts the meanings of premises, building, and dwelling from Penal Law Section 140.00. Premises includes a building and any real property. Building includes its ordinary meaning and specified structures, vehicles, and watercraft used for overnight lodging or business, schools, enclosed motor trucks, and enclosed motor-truck trailers. A dwelling is a building usually occupied by a person lodging there at night.[2]
Reasonable Belief and Separate Self-Defense Rules
Each pathway depends on the actor's reasonable beliefs about the crime and the necessity of the force used. When force is used to defend a person rather than to prevent the property-related conduct covered by Section 35.20, Penal Law Section 35.15 supplies separate rules, including its limits on deadly force and retreat.[4]