601 PC – “Aggravated Trespass” – California Law & Penalties

California Penal Code 601 PC defines aggravated felony trespass as (1) threatening to injure someone, and then (2) entering that person’s home or workplace without permission within 30 days of making the threat.

This is a more serious offense than misdemeanor trespass as found in Penal Code 602 PC.

The full text of the statute reads:

601. Any person is guilty of trespass who makes a credible threat to cause serious bodily injury…to another person with the intent to place that other person in reasonable fear for his or her safety, or the safety of his or her immediate family…and who does any of the following:

Within 30 days of the threat, unlawfully enters into the residence or real property contiguous to the residence of the person threatened without lawful purpose, and with the intent to execute the threat against the target of the threat.

Within 30 days of the threat, knowing that the place is the threatened person’s workplace, unlawfully enters into the workplace of the person threatened and carries out an act or acts to locate the threatened person within the workplace premises without lawful purpose, and with the intent to execute the threat against the target of the threat.

Examples

• Maurice tells his ex-girlfriend that he is going to “make her pay for leaving him,” and then he enters her place of work two weeks later with a bat in his hand.
• Carol sends her neighbor an email saying she will “pay her back” for a loud and disturbing party, and then breaks into her home two days later.
• Marcos tells a man that he is going to “beat him up,” and he then walks into the man’s workplace the following day with the intent to fight him.

Defenses

There are several legal defenses that you can use to challenge or beat an aggravated trespass charge. These include showing that:

• a threat was not credible,
• there was no intent to cause fear, and
• you did not intend to carry out a threat.

Penalties

A violation of PC 601 is a wobbler offense, meaning that it can be charged either as a misdemeanor or a felony.

If charged as a misdemeanor, the offense is punishable by:

• up to one year in county jail, or
• misdemeanor (or summary) probation.

If charged as a felony, the offense is punishable by:

• up to three years in county jail, or
• felony (or formal) probation.

Note that if you are convicted of felony trespass, this conviction may have:

• negative immigration consequences (if applicable), and
• negative consequences on a person’s gun rights.

Also, note that you can seek to have it expunged once you successfully complete:

• probation (if imposed), or
• any jail time (if imposed).

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

• 1. What is “aggravated trespass”?
  • 1.1. Credible threat
  • 1.2. Serious bodily injury
  • 1.3. Reasonable fear
  • 1.4. Immediate family member
• 2. What are the best defenses?
  • 2.1. No credible threat
  • 2.2. No intent to cause fear
  • 2.3. No intent to carry out threat
• 3. What is the punishment?
• 4. Are there immigration consequences?
• 5. Can a person get an expungement?
• 6. What is the effect on gun rights?
• 7. Are there laws related to this statute?
  • 7.1. Trespass – PC 602
  • 7.2. Burglary – PC 459
  • 7.3. Criminal threats – PC 422

1. What is “aggravated trespass”?

Penal Code 601 PC is the California statute that makes it a crime for you to threaten to injure someone physically, and then to enter that person’s home or workplace without permission. This is commonly referred to as “aggravated trespass“. ¹

A prosecutor must prove three things in order successfully to convict you of aggravated trespassing. These are:

1. you made a credible threat to cause serious bodily injury to another person,
2. you made the threat with the intent to place the other person in reasonable fear for their safety (or for the safety of their immediate family), and either
3. within 30 days of making the threat, you unlawfully entered the threatened person’s residence without a lawful purpose and with the intent to carry out the threat, OR within 30 days of making the threat, you unlawfully entered the workplace of the threatened person, knowing that the place you entered was the threatened person’s workplace, and tried to locate that person without a lawful purpose and with the intent to carry out the threat.²

Note that a prosecutor does not have to show that you acted “willfully” in order to prove an aggravated trespass took place.³

Also note that this statute does not apply if you entered your own:

• residence,
• real property, or
• workplace.⁴

Note that questions often arise under this statute on:

1. the meaning of credible threat
2. what is serious bodily injury,
3. the meaning of reasonable fear, and
4. the definition of an “immediate family member.”

1.1. Credible threat

For purposes of this code section, a credible threat is one that:

1. causes the target of the threat to reasonably fear for their safety (or for the safety of their immediate family), and
2. one that you appear able to carry out.⁵

A credible threat may be made:

• orally,
• in writing, or
• electronically.

It may also be implied by a pattern of conduct or a combination of statements and conduct.⁶

1.2. Serious bodily injury

A serious bodily injury, per this trespass law, means a serious impairment of physical condition. Such an injury may include, but is not limited to:

• loss of consciousness,
• concussion,
• bone fracture,
• protracted loss or impairment of the function of any bodily member or organ,
• a wound requiring extensive suturing, and
• serious disfigurement.⁷

1.3. Reasonable fear

On the issue of whether you intended to place “the victim” in reasonable fear, the court will examine the facts and circumstances of the case.⁸

In doing so, a judge or jury will consider some or all of the following:

• your verbal messages,
• your conduct,
• whether anyone else was present (besides the victim and you),
• the victim’s reaction to the threat,
• the relationship between you and the victim, and
• any prior encounters between you and the victim.⁹

1.4. Immediate family member

According to this code section, immediate family member means a:

• spouse, parent, or child,
• grandchild, grandparent, brother, or sister related by blood or marriage, and
• person who regularly lives in the household.¹⁰

2. What are the best defenses?

You can try to beat an aggravated criminal trespass charge by raising a legal defense. A good defense can work to reduce a charge or even dismiss one altogether.

Three common defenses to PC 601 accusations are:

1. no credible threat
2. no intent to cause fear, and/or
3. no intent to carry out the threat

2.1. No credible threat

Recall that you are only guilty under this code section if you made a “credible threat” to cause serious physical harm. A defense, therefore, is for you to show that, while you may have made a threat, it was not serious or credible. For example, perhaps you threatened a person in a joking manner.

2.2. No intent to cause fear

This is similar to the prior defense. Here, you would argue that while you may have made a threat, you did not mean for that threat to cause fear. For example, maybe you threatened to tickle another person.

2.3. No intent to carry out the threat

Recall that under this statute, you can only be found guilty if you go to a victim’s residence or workplace with the intent to carry out the threat. This means it is always a legal defense for you to show that you did not act with this requisite intent. For example, maybe you entered a residence or workplace to apologize to the victim.

3. What is the punishment?

A violation of PC 601 is a wobbler offense, meaning that it can be charged either as a misdemeanor or a felony.

If charged as a misdemeanor, the offense is punishable by:

• misdemeanor (or summary) probation,
• up to one year in county jail, and/or
• a maximum fine of $2,000.¹¹

If charged as a felony, the offense is punishable by:

• felony (or formal) probation,
• up to three years in county jail, and/or
• a fine of up to $10,000.¹²

4. Are there immigration consequences?

A PC 601 conviction may result in negative immigration consequences.

Note that under United States immigration law, some California criminal convictions can lead to a non-citizen being deported. Some convictions can also make an immigrant “inadmissible.”

The major categories of “deportable” or “inadmissible” crimes are:

• crimes of moral turpitude,
• aggravated felonies,
• controlled substances (drug) offenses,
• firearms offenses, and
• domestic violence crimes.¹³

Depending on the facts of a given case, a felony trespass charge may rise to the level of an aggravated felony. If it does, then it may have detrimental immigration effects.

5. Can I get an expungement?

If you are convicted of aggravated trespass, you are entitled to an expungement if you successfully complete the terms and conditions of probation.

An “expungement,” per Penal Code 1203.4, releases you from virtually “all penalties and disabilities” arising out of the conviction.¹⁴

One particular benefit is that an expunged conviction does not need to be disclosed to potential employers.

As a basic rule, PC 1203.4 authorizes an expungement for a misdemeanor or felony offense provided you:

1. successfully completed probation, and
2. are not currently charged with a criminal offense, on probation for one, or serving a sentence for a crime.¹⁵

This means that once you have successfully completed probation (if it was imposed) or served out a jail term (if applicable), then you may begin trying to get the crime expunged.

6. What is the effect on gun rights?

A conviction for felony trespass may have an effect on your gun rights. It all depends on whether the conviction resulted in a misdemeanor or a felony.

You are generally prohibited from acquiring or possessing a gun in California if you:

1. are a felon (that is, convicted of any felony offense in any jurisdiction),
2. are a narcotic addict,
3. have two or more convictions under Penal Code 417 PC, California’s law against brandishing a weapon,
4. have been convicted of certain misdemeanor offenses (such as convictions of Penal Code 273.5 PC, California’s law against corporal injury on a spouse),
5. suffer from mental illness, or
6. are under 18 (note that you may not buy a gun if you are under 21).

Recall that felony trespass can get charged as either a misdemeanor or a felony. Given the first category above, if you get charged with felony aggravated trespass, and get convicted of the same, then that conviction would mean you would have to give up any gun ownership and possession rights.

7. Are there laws related to this statute?

There are three related offenses to felony trespass. These are:

1. trespass – PC 602,
2. burglary – PC 459, and
3. criminal threats – PC 422

7.1. Trespass – PC 602

California Penal Code 602 PC prohibits the crime known as criminal trespass. You commit this crime when you:

1. enter, or remain on, someone else’s property, and
2. do so without permission or a right to do so.¹⁶

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

• up to six months in county jail, and/or
• a fine of up to $1,000.¹⁷

However, certain kinds of trespass in California may lead to only infraction charges, with penalties consisting of only a small fine.¹⁸

7.2. Burglary – PC 459

Penal Code 459 PC is the California statute that defines the crime of “burglary.”

Under this section, a burglary occurs when you enter any residential or commercial building or room with the intent to commit a felony or a theft once inside.¹⁹

You commit the crime of burglary merely by entering the structure with the requisite criminal intent, even if the intended felony or theft is never actually completed.

California burglary law is divided into first-degree burglary and second-degree burglary. First-degree burglary is burglary of a residence. Second-degree burglary is the burglary of any other type of structure (including stores and businesses).²⁰

In California, first-degree burglary is always a felony. The potential consequences include a state prison sentence of up to four years.²¹

Second-degree burglary is what is known as a wobbler in California law. This means that it may be charged as either:

• a felony, with a potential county jail sentence of up to three years, or
• a misdemeanor, with a potential county jail sentence of up to one year.²²

7.3. Criminal threats – PC 422

Penal Code 422 PC is the California statute that defines the crime of “criminal threats.”

A “criminal threat” is when you threaten to kill or physically harm someone and

• that person is thereby placed in a state of reasonably sustained fear for their safety or for the safety of their immediate family,
• the threat is specific and unequivocal, and
• you communicated the threat verbally, in writing, or via an electronically transmitted device.²³

A violation of this statute is a wobbler, meaning that it can be charged as either a misdemeanor or a felony.

As a misdemeanor, the crime is punishable by up to one year in county jail.²⁴

As a felony, the offense is punishable by up to four years in state prison.²⁵

---

Legal References: