California Penal Code § 602 PC prohibits trespassing, which is entering (or remaining) on someone else’s property without permission or a right to do so, or after being asked to leave. Trespassing can be charged as a felony, a misdemeanor, or a non-criminal infraction.
Examples
- camping on property that is marked with “no trespass” signs.
- hiding out in another person’s garage.
- entering someone else’s property with the intent to interfere with the business activities that are conducted there.
Defenses
Criminal defense lawyers draw upon several defense strategies to contest trespassing charges. Some of these include showing:
- you had the right to be on the property or had a property owner’s consent,
- you did not act willfully, and/or
- the property was not fenced or marked with “no trespassing” signs.
Penalties
This chart illustrates the potential consequences of a trespassing conviction:
| Trespass conviction | California penalties |
| Most cases | Misdemeanor: Up to 6 months in jail and/or up to $1,000 |
| Willfully entering land enclosed by a fence or that had a “no trespassing” sign | Infraction: $75 for a 1st offense; $250 for a 2nd offense on the same land |
| Aggravated Trespass – entering a person’s property within 30 days of making a serious threat to them. | Misdemeanor: up to 1 year in jail and/or up to $2,000 or Felony: 16 months, 2 years, or 3 years in jail and/or up to $10,000 |
Our California criminal defense attorneys will address the following in this article:
1. What is trespassing?
According to California Penal Code 602 PC, trespassing is going on or remaining on someone else’s property without either the right to do so or the property owner’s consent.1
For you to be convicted in most trespass cases, prosecutors have to prove beyond a reasonable doubt the following elements of the jury instructions:
- You willfully entered land or a building belonging to someone else without the consent of the owner, owner’s agent, or person in lawful possession of the property;
- After you entered, you occupied the land or building without the consent of the owner, owner’s agent, or person in lawful possession of the property; and
- You occupied some part of the land or building continuously until removed.
However, Penal Code 602 PC, together with related sections of the California Penal Code, describes over thirty activities that are considered criminal trespass. The most common acts that are prohibited include:
- entering someone else’s property with the intent to damage that property,
- entering someone else’s property with the intent to interfere with or obstruct the business activities that are conducted there,
- entering and “occupying” another person’s property without permission,2
- refusing to leave private property after you’ve been asked to do so,
- taking soil, dirt, or stone off of someone else’s “land” without permission, and
- refusing screening at an airport or courthouse.3
In most instances, you are only guilty of trespass if you act willfully. “Willfully” means to act:
- deliberately, or
- on purpose.4
2. Common Defenses
You have the right to contest a trespassing charge by raising a legal defense. Three common defenses include showing that:
- you had the right to be on the property or had the consent of the property owner.
- you did not act willfully.
- the property was not fenced or marked with signs.
Right or Consent to be on Property
Recall that you are typically only guilty of trespass if you entered or remained on someone else’s property
- without a right to do so or
- without a property owner’s consent.
This means you can challenge a trespassing charge by showing that:
- you actually had a right to be on the property (for example, maybe you owned it), or
- the property owner gave you permission to be on the land.
No Willful Act
Also recall that you are usually only guilty of this offense if you act willfully. A defense, then, is for you to show that you did not deliberately violate the law. For example, maybe you were on someone else’s property because you were lost.
No Fence or Signs
As discussed below, you may be charged with California trespass as an infraction for entering property without consent if the property is either:
- fenced or otherwise enclosed, or
- marked by “no trespassing” signs displayed at specified intervals.5
Given the above, you can attempt to get a charge dismissed by showing that:
- the property was not actually fully enclosed with a fence, or
- signs were not posted in all the places they should have been.
Penal Code 602 PC makes it a crime to enter or remain on someone else’s property without permission or right to do so.
3. Penalties
Depending on the facts of your case, a prosecutor can charge criminal trespass as:
- a misdemeanor,
- an infraction, or
- a felony.
Misdemeanor Trespass
Prosecutors file most trespassing cases as misdemeanor offenses. Misdemeanor trespass is punishable by:
- up to six months in county jail, and/or
- a maximum fine of $1,000.6
Trespass as an Infraction
A trespassing incident can lead to an infraction if:
- you willfully entered someone else’s land without permission, and
- that land was enclosed by a fence or had “no trespassing” signs posted.7
The penalties would be:
- a $75 fine for a first offense, and
- a $250 fine for a second offense on the same land.8
Aggravated (Felony) Trespass (Penal Code 601)
A prosecutor can charge trespass as a felony if:
- you make a credible or believable threat to seriously injure another person, intending to make that person fear for his/her safety, and
- within 30 days after making the threat, you enter the person’s property or workplace intending to carry out the threat.9
Aggravated or felony trespass is what is known as a wobbler in California law. This means a prosecutor can file the charge as either a misdemeanor or a felony.
Misdemeanor penalties for aggravated trespass include:
- up to one year in county jail, and/or
- a fine of up to $2,000.10
Felony penalties can include:
- up to three years in jail, and/or
- a maximum fine of $10,000.11
4. Related Offenses
There are three crimes related to criminal trespass. These are:
- burglary – PC 459
- vandalism – PC 594, and
- arson – PC 451
Burglary – PC 459
Per Penal Code 459 PC, burglary is the crime where you:
- enter a structure or locked vehicle, and
- do so with the intent to commit grand theft, petty theft or any felony offense once inside.
Unlike with trespass, California law divides burglary into two different degrees. These are
- first degree, and
- second degree.
While first-degree burglary is always charged as a felony, second-degree burglary can be charged as either a misdemeanor or a felony.
Vandalism – PC 594
Per Penal Code 594 PC, vandalism is the offense where you maliciously damage, destroy, or deface another person’s property.
Note that if you enter someone else’s property (without permission) to damage or deface it in some way, you will likely be charged with both:
- trespass, and
- vandalism.
Arson – PC 451
Under Penal Code 451 PC, arson is the crime where you set fire to or burn any structure, forest land, or property.
As with a trespassing charge, you can try to challenge an arson charge by showing that you did not act willfully.
Depending on the severity of a trespassing violation, a conviction can lead to a fine and/or jail time.
Legal References:
- As to consent, see People v. Brown (1965) 236 Cal.App.2d Supp. 915. See also People v. Poe (1965) 236 Cal.App.2d Supp. 928. SB 602 (2023).
- Note that “occupy” is defined as follows: “To take or enter upon, possession of, to hold possession of, to hold or keep for use, to possess, to tenant, to do business in.” See Edgerly v. City & County of San Francisco (9th Cir. Cal. 2010), 599 F.3d 946; People v. Mower (Cal. 2002), 28 Cal. 4th 457; People v. Wilkinson (1967) 248 Cal.App.2d Supp. 906.
- California Penal Code 602 PC. The language of the code section reads as follows:
Except as provided in subdivisions (u), (v), and (x), and Section 602.8, a person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.
(c) Maliciously injuring or severing from the freehold of another anything attached to it, or its produce.
(d) Digging, taking, or carrying away from a lot situated within the limits of an incorporated city, without the license of the owner or legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in a city or town laid down on the map or plan of the city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying a sign, signboard, or notice placed upon, or affixed to, a property belonging to the state, or to a city, county, city and county, town, or village, or upon the property of a person, by the state or by an automobile association, which sign, signboard, or notice is intended to indicate or designate a road or a highway, or is intended to direct travelers from one point to another, or relates to fires, fire control, or any other matter involving the protection of the property, or putting up, affixing, fastening, printing, or painting upon any property belonging to the state, or to any city, county, town, or village, or dedicated to the public, or upon the property of a person, without license from the owner, a notice, advertisement, or designation of, or a name for a commodity, whether for sale or otherwise, or a picture, sign, or device intended to call attention to it.
(g) Entering upon lands owned by another person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away oysters or other shellfish planted, growing, or on any of those lands, whether covered by water or not, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of those lands.
(h) (1) Entering upon lands or buildings owned by another person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of those lands.
(2) In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) shall be displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land.
(3) This subdivision does not preclude prosecution or punishment under any other law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying a fence on the enclosed land of another, or opening a gate, bar, or fence of another and willfully leaving it open without the written permission of the owner, or maliciously tearing down, mutilating, or destroying a sign, signboard, or other notice forbidding shooting on private property.
(j) Building fires upon lands owned by another where signs forbidding trespass are displayed at intervals not greater than one mile along the exterior boundaries and at all roads and trails entering the lands, without first having obtained written permission from the owner of the lands or the owner’s agent, or the person in lawful possession.
(k) Entering lands, whether unenclosed or enclosed by fence, for the purpose of injuring property or property rights or with the intention of interfering with, obstructing, or injuring a lawful business or occupation carried on by the owner of the land, the owner’s agent, or the person in lawful possession.
(l) Entering lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, the owner’s agent, or the person in lawful possession, and any of the following:
(1) Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owner’s agent, or by the person in lawful possession to leave the lands.
(2) Tearing down, mutilating, or destroying a sign, signboard, or notice forbidding trespass or hunting on the lands.
(3) Removing, injuring, unlocking, or tampering with a lock on a gate on or leading into the lands.
(4) Discharging a firearm.
(m) Entering and occupying real property or structures of any kind without the consent of the owner, the owner’s agent, or the person in lawful possession.
(n) Driving a vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owner’s agent, or the person in lawful possession. This subdivision does not apply to a person described in Section 22350 of the Business and Professions Code who is making a lawful service of process, provided that upon exiting the vehicle, the person proceeds immediately to attempt the service of process, and leaves immediately upon completing the service of process or upon the request of the owner, the owner’s agent, or the person in lawful possession.
(o) (1) Refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession, and upon being informed by the peace officer that they are acting at the request of the owner, the owner’s agent, or the person in lawful possession, or (2) the owner, the owner’s agent, or the person in lawful possession. The owner, the owner’s agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officer’s assistance in dealing with a trespass is requested. However, a single request for a peace officer’s assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made to cover a limited period of time not to exceed a time period determined by local ordinance or 12 months, whichever is shorter, and identified by specific dates, during which there is a fire hazard or the owner, owner’s agent, or person in lawful possession is absent from the premises or property. In addition, a single request for a peace officer’s assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. The requestor shall inform the law enforcement agency to which the request was made, in writing, when the assistance is no longer desired, before the period not exceeding 12 months expires. However, this subdivision does not apply to persons engaged in lawful labor union activities that are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code) or by the federal National Labor Relations Act. For purposes of this section, land, real property, or structures owned or operated by a housing authority for tenants, as defined in Section 34213.5 of the Health and Safety Code, constitutes property not open to the general public; however, this subdivision does not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating a law or ordinance.
(2) A request for a peace officer’s assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession.
(3) A request for a peace officer’s assistance in dealing with a trespass may be submitted electronically. A local government may accept electronic submissions of requests pursuant to this subdivision.
(p) Entering upon lands declared closed to entry, as provided in Section 4256 of the Public Resources Code, if the closed areas have been posted with notices declaring the closure, at intervals not greater than one mile along the exterior boundaries or along roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public upon being requested to do so by a regularly employed guard, watchperson, or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances would indicate to a reasonable person that the person has no apparent lawful business to pursue.
(r) Knowingly skiing in an area or on a ski trail that is closed to the public and that has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where the person has obtained accommodations and has refused to pay for those accommodations, upon request of the proprietor or manager and the occupancy is exempt, pursuant to subdivision (b) of Section 1940 of the Civil Code, from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of this subdivision, occupancy at a hotel or motel for a continuous period of 30 days or less shall, in the absence of a written agreement to the contrary, or other written evidence of a periodic tenancy of indefinite duration, be exempt from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.
(t) (1) Entering upon private property, including contiguous land, real property, or structures thereon belonging to the same owner, whether or not generally open to the public, after having been informed by a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession, and upon being informed by the peace officer that the peace officer is acting at the request of the owner, the owner’s agent, or the person in lawful possession, that the property is not open to the particular person; or refusing or failing to leave the property upon being asked to leave the property in the manner provided in this subdivision.
(2) This subdivision applies only to a person who has been convicted of a crime committed upon the particular private property.
(3) A single notification or request to the person as set forth above shall be valid and enforceable under this subdivision unless and until rescinded by the owner, the owner’s agent, or the person in lawful possession of the property.
(4) Where the person has been convicted of a violent felony, as described in subdivision (c) of Section 667.5, this subdivision applies without time limitation. Where the person has been convicted of any other felony, this subdivision applies for no more than five years from the date of conviction. Where the person has been convicted of a misdemeanor, this subdivision applies for no more than two years from the date of conviction. Where the person was convicted for an infraction pursuant to Section 490.1, this subdivision applies for no more than one year from the date of conviction. This subdivision does not apply to convictions for any other infraction.
(u) (1) Knowingly entering, by an unauthorized person, upon an airport operations area, passenger vessel terminal, or public transit facility if the area has been posted with notices restricting access to authorized personnel only and the postings occur not greater than every 150 feet along the exterior boundary, to the extent, in the case of a passenger vessel terminal, as defined in subparagraph (B) of paragraph (3), that the exterior boundary extends shoreside. To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition applies if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port.
(2) A person convicted of a violation of paragraph (1) shall be punished as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the airport or passenger vessel terminal after being requested to leave by a peace officer or authorized personnel.
(C) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, for a second or subsequent offense.
(3) As used in this subdivision, the following definitions shall control:
(A) “Airport operations area” means that part of the airport used by aircraft for landing, taking off, surface maneuvering, loading and unloading, refueling, parking, or maintenance, where aircraft support vehicles and facilities exist, and which is not for public use or public vehicular traffic.
(B) “Passenger vessel terminal” means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations. For the purposes of this section, “passenger vessel terminal” does not include any area designated a public access area pursuant to Section 105.106 of Title 33 of the Code of Federal Regulations.
(C) “Public transit facility” has the same meaning as specified in Section 171.7.
(D) (i) “Authorized personnel” means a person who has a valid airport identification card issued by the airport operator or has a valid airline identification card recognized by the airport operator, or any person not in possession of an airport or airline identification card who is being escorted for legitimate purposes by a person with an airport or airline identification card.
(ii) “Authorized personnel” also means a person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card.
(iii) “Authorized personnel” also means a person who has a valid public transit employee identification card.
(E) “Airport” means a facility whose function is to support commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of one’s person and accessible property in accordance with the procedures being applied to control access when entering or reentering a sterile area of an airport, passenger vessel terminal, as defined in subdivision (u), or public transit facility, as defined in Section 171.7, if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision, is a violation of this subdivision, punishable by a fine of not more than five hundred dollars ($500) for the first offense. A second and subsequent violation is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(2) Notwithstanding paragraph (1), if a first violation of this subdivision is responsible for the evacuation of an airport terminal, passenger vessel terminal, or public transit facility and is responsible in any part for delays or cancellations of scheduled flights or departures, it is punishable by imprisonment of not more than one year in a county jail.
(w) Refusing or failing to leave the location of a domestic violence shelter-based program at any time after being requested to leave by a managing authority of the shelter.
(1) A person who is convicted of violating this subdivision shall be punished by imprisonment in a county jail for not more than one year.
(2) The court may order a defendant who is convicted of violating this subdivision to make restitution to a victim of domestic violence in an amount equal to the relocation expenses of the victim of domestic violence and the victim’s children if those expenses are incurred as a result of trespass by the defendant at the location of a domestic violence shelter-based program.
(x) (1) Knowingly entering or remaining in a neonatal unit, maternity ward, or birthing center located in a hospital or clinic without lawful business to pursue therein, if the area has been posted so as to give reasonable notice restricting access to those with lawful business to pursue therein and the surrounding circumstances would indicate to a reasonable person that the person has no lawful business to pursue therein. Reasonable notice is that which would give actual notice to a reasonable person, and is posted, at a minimum, at each entrance into the area.
(2) A person convicted of a violation of paragraph (1) shall be punished as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the posted area after being requested to leave by a peace officer or other authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, for a second or subsequent offense.
(D) If probation is granted or the execution or imposition of sentencing is suspended for a person convicted under this subdivision, it shall be a condition of probation that the person participate in counseling, as designated by the court, unless the court finds good cause not to impose this requirement. The court shall require the person to pay for this counseling, if ordered, unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of one’s person and accessible property in accordance with the procedures being applied to control access when entering or reentering a courthouse or a city, county, city and county, or state building if entrances to the courthouse or the city, county, city and county, or state building have been posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision.
- CALCRIM No. 2931. Trespass – Unlawfully Occupying Property. Judicial Council of California Criminal Jury Instructions (2024 edition).
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant willfully entered (land/ [or] a building) belonging to someone else without the consent of the (owner[,]/ [or] owner’s agent[,]/ [or] person in lawful possession of the property);
2. After the defendant entered, (he/she) occupied the (land/ [or] building) without the consent of the (owner[,]/ [or] owner’s agent[,]/ [or] person in lawful possession of the property);
3. The defendant occupied some part of the (land/ [or] building) continuously until removed.See also People v. Lara (1996) 44 Cal.App.4th 102. - See, for example, California Penal Code 602.8 PC.
- California Penal Code 19 PC.
- California Penal Code 602.8 PC.
- See same.
- California Penal Code 601 PC.
- See same.
- See same.