Who has the right to use physical force against a trespasser according to Penal Law 35.20?

The correct answer reflects that the property's landlord or owner has the right to use physical force against a trespasser according to Penal Law 35.20. This law grants property owners the authority to protect their property from unauthorized entry and to remove individuals who are unlawfully on their premises. The rationale behind this right is grounded in the principle of self-defense and the protection of one's property rights.

Specifically, the landlord or owner may use reasonable force to prevent a trespasser from entering their property or to remove them if they are already there. This authority is not absolute; the use of force must be proportional to the threat posed by the trespasser. For example, deadly force is not justified solely for the purpose of protecting property unless there is an immediate threat to the owner's safety.

In contrast, other individuals, such as bystanders or children of the landlord, do not inherently possess the same legal right to use physical force in these situations under this statute. Law enforcement officers may have specific powers related to arresting individuals or enforcing the law, but those powers are distinct from the rights of property owners as outlined in Penal Law 35.20. The distinction is important in understanding how property rights and self-defense laws operate within the legal framework.