Penal Code § 602.1 PC – Obstructing a Public Business Establishment

California Penal Code § 602.1 PC makes it a misdemeanor to intentionally interfere with or obstruct a public business establishment after being asked to leave the premises. A conviction carries a sentence of up to 90 days in jail and a fine of up to $400.00.

The language of the code section states that:

602.1. (a) Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owner’s agent, or by a peace officer acting at the request of the owner or owner’s agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.

Examples

• protesters block the main entrance to a restaurant and yell at customers who want to go inside.
• a few young adults intimidate people from entering a coffee shop because it refuses to serve a certain nationality.
• Sierra Club supporters block the entrance to a car dealership that is vocal in playing down the benefits of electric cars.

Luckily, there are several legal defenses that you can raise if accused of violating this section. These include showing that you:

• did not act intentionally;
• were peacefully protesting; and/or,
• were not asked to leave.

Penalties

A violation is charged as a misdemeanor (as opposed to a California felony or an infraction). The crime is punishable by:

• imprisonment in the county jail for up to 90 days; and/or,
• a maximum fine of $400.

Our California criminal defense attorneys will highlight the following in this article:

• 1. When is it a crime to obstruct a public business establishment?
• 2. What defenses can I assert?
  • 2.1. No intent
  • 2.2. Peaceful protest
  • 2.3. No request to leave
• 3. What is the potential sentence?
• 4. Are there related crimes I could be charged with?
  • 4.1. Trespass – PC 602
  • 4.2. Picketing outside a courthouse – PC 169
  • 4.3. Intentional interference with prospective economic relations

602.1 PC makes it a crime to interfere with a public business establishment.

1. When is it a crime to obstruct a public business establishment?

Penal Code 602.1 PC makes it a crime to intentionally interfere with, or obstruct, a public business establishment.

A prosecutor must prove three elements in order to convict you under this code section successfully. These are that you:

1. intentionally interfered with a public business establishment (“PBE”), or an occupation carried on by the owner of a PBE,
2. did so by obstructing or intimidating the business’s customers or persons attempting to carry on business with the PBE, and
3. refused to leave the premises of the PBE after you were requested to do so by the business’s owner or a police officer.¹

California law defines a “public business establishment” as a commercial or noncommercial entity that is open to and serves the general public.²

Please note that the determination as to whether you “obstructed” or “intimidated” a customer will depend on all of the facts in a given case.³

2. What defenses can I assert?

If you are accused under 602.1 PC, you can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed. Please note, though, that it is critical to hire an attorney to get the most effective defense.

Three common defenses are:

1. no intent;
2. peaceful protest; and/or,
3. no request to leave.

2.1. No intent

The statute specifically states that you must “intentionally” interfere with a customer in order to get convicted of a crime. This means it is a defense if you did not act with any intent to interfere. For example, it is quite possible that you did interfere with a customer, but the interference was the result of an innocent accident.

2.2. Peaceful protest

The First Amendment of the United States Constitution protects your freedom of speech and the freedom to assemble and petition. Protests that are peaceful in nature and do not obstruct or intimidate a business or its customers are perfectly legal – under both California law and the Constitution. A solid legal defense, therefore, is to show that your actions

• were peaceful and
• did not obstruct or intimidate.

2.3 No request to leave

One of the things a prosecutor must show, to convict you under PC 602.1, is that you were asked to leave but refused to do so. More specifically, a prosecutor must show that a business owner or a police offer asked you to leave. This means you have a valid legal defense if you were never asked to leave a business – even if you were

• obstructing and/or
• intimidating customers.

A violation of Penal Code 602.1 can result in jail time and/or a fine.

3. What is the potential sentence?

A violation of Penal Code 602.1 is charged as a misdemeanor. The crime is punishable by:

• imprisonment in the county jail for up to 90 days; and/or,
• a maximum fine of $400.⁴

Please note that in lieu of jail time a judge may order you to misdemeanor probation. This is also called “summary” or “informal” probation.

4. Are there related crimes I could be charged with?

There are three crimes related to obstructing a public business establishment. These are:

1. trespass – PC 602;
2. picketing outside a courthouse – PC 169; and,
3. intentional interference with prospective economic relations.

4.1. Trespass – PC 602

California Penal Code 602 PC prohibits the crime known as trespass.

Per Penal Code 602, you commit the offense of trespassing when you enter or remain on someone else’s property without permission or a right to do so.⁵

The most common acts that are prohibited by California trespassing laws 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, and
• refusing to leave private property after you have been asked to do so.⁶

In most cases, trespass is a misdemeanor and is punishable by:

• up to six months in county jail, and/or
• a fine of up to $1,000.⁷

However, certain kinds of trespass in California law may only lead to infraction charges, with a penalty consisting of a small fine.⁸

If you commit what is known as “aggravated trespass” – in which you threatened to injure someone physically and then entered their home or workplace without permission – you may face felony trespass charges. This could mean a jail sentence of

• 16 months, or
• two or three years.⁹

4.2. Picketing outside a courthouse – PC 169

Penal Code 169 PC is the California statute on picketing or parading outside a courthouse.

Under Penal Code 169, it is a crime to picket or parade in or near a courthouse with the intent to either:

• interfere with or obstruct the administration of justice; or,
• influence any judge, juror, witness, or officer of the court.¹⁰

A violation of PC 169 is charged as a misdemeanor. The crime is punishable by:

• imprisonment in the county jail for not more than six months; and/or,
• a maximum fine of $1,000.²

4.3. Intentional interference with prospective economic relations

“Intentional interference with prospective economic relations is a type of unfair business practice in California.

To make out a case for IIPER, a plaintiff must prove that:

1. the plaintiff had an economic relationship with a third party, with the probability of future economic benefit to the plaintiff;
2. you knew of the relationship;
3. you engaged in wrongful conduct in order to disrupt the relationship or with knowledge that disruption was substantially certain to occur;
4. as a result of your conduct, the relationship was actually disrupted, and
5. because of the disruption, the plaintiff suffered economic harm.¹¹

Engaging in this act is a tort, and you may be held liable in civil court for damages. These damages include compensatory damages, and in some cases, punitive damages.

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