California Criminal "Trespass" & "Trespassing" Laws

Penal Code 602 PC

California Penal Code 602 PC prohibits criminal trespass.¹ In its simplest form, trespassing takes place when you enter someone else's property without permission or a right to do so. It's an illegal intrusion that interferes with the rights of another person or property.

A criminal trespass can take place in a variety of situations...some that are common and some that are completely obscure.

In an effort to help you understand how the crime of trespassing, our California criminal defense attorneys² will address the following:

1. The Legal Definition of "Trespass" in California

2. What are the Defenses to a Penal Code 602 PC
Criminal Trespass Charge?

3. Penalties, Punishment, and Sentencing for
Criminal Trespassing

4. Related Charges and Plea Bargains

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

You may also find helpful information in our related articles on Penal Code 459 PC Burglary, Penal Code 594 PC Vandalism, California Theft Offenses, Penal Code 646.9 PC Stalking, Penal Code 422 PC Criminal Threats, California Domestic Violence Offenses, Penal Code 415 PC Disturbing the Peace, California Legal Defenses, and California Expungement Law.

1. The Legal Definition of "Trespass" in California

California Penal Code 602 PC (and its related sections) penalize over 30 acts that constitute criminal trespassing.³ These acts include anything from taking oysters from another's land to avoiding or refusing screening at an airport or courthouse.

The most common acts that California trespassing laws prohibit are:

• entering someone else's property with the intent to damage that property,⁴



• entering someone else's property with the intent to interfere with or obstruct the business activities conducted thereon,⁵



• entering and "occupying" another's property without permission,⁶ and



• refusing to leave private property after you've been asked to do so.⁷

The "elements" of criminal trespass

Because of the many variants of this offense offense, there are several legal definitions of trespass. That said, certain facts (otherwise known as "elements" of the crime) are common to all California criminal trespassing cases. These include

1. the fact that you willfully enter someone else's property,



2. with the specific intent to interfere with that person's property rights.⁸

Let's flush out a few of these terms to gain a better understanding of their legal definitions.

Willfully

The term "willfully" means deliberately or on purpose.⁹ Acting "willfully" doesn't necessarily mean that you intend to break the law. It just means that you intended your act.

Specific intent

"Specific intent" is a particular mental state. When you act with specific intent, it means that you not only intend your act, but that you also specifically intend the consequences of your act.¹⁰

Example: While you hiking in the hills, you stop to rest. Despite the fact that there are no signs, no home, and no people, you are actually on someone else's private property. Given these facts, you aren't willfully entering another person's land or intending to interfere with any property rights.

But...

Let's say instead that you see a bench inside a fenced in area. You not only decide to rest there, but choose to stay for a few days, despite the fact that the property owner has posted a sign saying "no trespassing".

Here, you deliberately entered a fenced in area and intended to stay, even though there was a clearly posted sign telling you that you were not entitled to do so. You willfully entered another person's property and specifically intended to interfere with that person's exclusive property rights.

2. What are the Defenses to a California Criminal
Trespass Charge?

Depending on the circumstances of your case...and under which subsection of Penal Code 602 PC you were charged...there are a number of legal defenses that a California criminal defense lawyer could present on your behalf in an effort to reduce or dismiss your charge(s).

And, as San Bernardino criminal defense lawyer Michael Scafiddi explains¹¹, "Even if it appears that you are guilty of one of these offenses, don't despair. People get wrongfully cited for trespassing all the time when they had no intention of breaking the law. A good criminal attorney can often get the charge reduced to an infraction or dismissed."

In addition, California criminal trespass law contains a variety of "technical requirements" that must be met before you can be convicted of this offense.

Examples of these technicalities and legal defenses include (but are by no means limited to):

You didn't actually obstruct or interfere with the activities that took place on the property

If you are accused of entering someone else's property with the intent to interfere with or obstruct the business activities conducted on that property, then you must have actually interfered with or obstruct that business. If you didn't, then you haven't committed a criminal trespass.¹²

Simply being on the property...even if you were engaged in activities "frowned upon" by the owner...does not subject you to a trespass charge absent an actual obstruction or interference with the business.

Example: In the case of In re Wallace, a group of protestors distributed political leaflets at a fair and were acquitted of their California criminal trespass charges.

The court ruled that even though the defendants ignored the owner's request to stop their distribution, they weren't obstructing the business of the fair. They made no physical contact with other patrons, and people who wished to view the exhibit that the defendants were blocking could simply walk around them.¹³

By contrast, and using a similar example, criminal trespassing charges were affirmed when a group protesting at Disneyland was determined to obstruct and interfere with the park's operation.

This group set up a table to distribute information in the passenger unloading area for the tram that transports people from the parking lot to the park's entrance. As a result of the group's activities, the tram had to be diverted to another area.¹⁴

You had a right to be on the property

For example, participation in a lawful union activity is a defense to a criminal trespassing prosecution.¹⁵

You had consent to be on the property

Unlike a California civil trespass, consent in a criminal trespass can't be withdrawn or revoked. This means that if you had consent to enter the property initially, simply remaining there won't make you a trespasser.¹⁶ This rule only applies to public property.

If a private property owner (or someone on his/her behalf) asks you to leave, you must do so unless (1) you are engaged in a protected activity (free speech, for example), or (2) you were invited onto the property and were not otherwise engaged in illegal activity.¹⁷

∗Engaging in "constitutionally protected activities" is another technicality that could mean the difference between criminal liability or not. A criminal defense attorney would know whether to pursue such a claim as a defense.

You didn't "occupy" the property

In order to be convicted of California criminal trespass, you must actually deprive the owner of his property for a substantial, continuous period of time.¹⁸ This means you not only entered the property but you "invaded another's exclusive right of possession".¹⁹

Example: Setting up a temporary one-night camp site on someone's beach property, intending to leave the next morning, does not constitute "occupying" that person's property. Under this scenario, you would not be guilty of criminal trespass charges based on entering and occupying another's land.²⁰

"No trespassing" signs weren't posted or spaced properly

The code has certain subsections that specify exactly how often signs must be posted before you can be convicted of this offense.²¹

Example: California Penal Code section 602(j) PC prohibits building a fire on another's property "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".²²

And, of course, legal defenses involving

• free speech issues,



• other constitutional rights, and



• police misconduct

will always be explored by a skilled California criminal defense lawyer.

3. Penalties, Punishment, and Sentencing for
Criminal Trespassing

California trespassing laws are unique in that they can be filed as infractions, misdemeanors, or felonies. Although all three are possible, criminal trespass is most frequently prosecuted as a misdemeanor.

Misdemeanor Penal Code 602 violations subject you to up to six months in a county jail and a maximum $1,000 fine.²³ However, certain violations (for example, refusing to leave a battered woman's shelter after being asked to do so by a manager) will raise your jail exposure to one year.²⁴

If your offense doesn't rise to misdemeanor level, it may be charged as (or reduced as part of a plea bargain to) an infraction.

Example: Ignoring a "no trespassing" sign and going onto another's private property will generally be charged as an infraction...the first and second time. A third offense on the same property will lead to a misdemeanor filing.²⁵

"Aggravated Trespass" as a felony

Finally, if you commit a California "aggravated" criminal trespass, you face a possible felony charge. This takes place if you threaten to injure another person seriously and...within 30 days of making that threat...unlawfully enter that person's home or workplace intending to carry out your threat.²⁶

Aggravated trespass is what's known as a wobbler, which means that prosecutors can charge the offense as a misdemeanor or a felony, depending on

1. the circumstances of the offense, and



2. your criminal history.

A misdemeanor conviction for aggravated trespass subjects you to a maximum one-year in the county jail and a maximum $2,000 fine. A felony conviction for this offense subjects you to the same fine and 16 months, or two or three years in the California State Prison.²⁷

If you are accused of this offense, prosecutors could also likely charge you with making criminal threats and/or burglary, both of which are described under section 4, below.

Expunging your California trespass conviction

If the court grants probation in a misdemeanor or felony trespass case, you may expunge your California criminal record once you successfully complete the probationary period. However, the judge can deny you an expungement if you suffer a probation violation, or fail to adhere to all the terms and conditions of probation.²⁸

4. Related Charges and Plea Bargains

California trespassing charges often get filed in conjunction with other related offenses. Some of the most common include (but are not limited to):

Penal Code 459 PC burglary

Penal Code 459 PC, California's burglary law penalizes entering someone's property with the intent of committing a felony or petty theft once inside.²⁹ If, for example...at the time you enter another person's property...you intend to commit aggravated trespass, you could be charged with both aggravated trespass and burglary.

And...depending on the circumstances of your arrest...criminal trespass may even be a "lesser included offense" of a burglary charge. In this situation, you can only be punished for one but not both offenses.

Penal Code 594 PC vandalism

Penal Code 594 PC, California's vandalism law prohibits defacing, damaging, or destroying someone else's property.³⁰ If you vandalize someone else's property while you are unlawfully on that person's property, prosecutors could charge you with trespassing and vandalism.

California theft crimes

If you unlawfully enter another person's property in violation of California's trespassing laws...and then steal something while on that property...prosecutors could charge you with trespass and a California theft crime. The exact circumstances of the offense would determine which theft offense applies.

California domestic violence offenses

A number of California domestic violence offenses frequently get charged in connection with criminal trespass. These include (but are not limited to) Penal Code 646.9 PC, California's stalking law and Penal Code 422 PC, California's criminal threats law.

Penal Code 646.9 PC, California's stalking law prohibits harassing or threatening another person to the point where that person fears for his/her safety.³¹ Penal Code 422 PC, California's criminal threats law essentially prohibits making credible, violent threats against another person.³²

Example: Tom is stalking his ex-girlfriend, Mary. When he goes to Mary's house, Mary repeatedly asks him to leave. Instead of leaving, Tom goes inside and threatens to kill her if she doesn't get back together with him.

Given these facts, prosecutors would likely charge Tom with Penal Code 602 PC trespass (or aggravated trespass if he returned to carry out the threat), Penal Code 646.9 PC stalking, and Penal Code 422 PC criminal threats.

Trespass as a plea bargain

Sometimes a California criminal trespass charge may be offered or requested during a plea bargain negotiation. Although they may have nothing to do with the actual charged offense, trespass and disturbing the peace, Penal Code 415 PC are commonly used as negotiating tools during plea bargains.

This is because both trespass and Penal Code 415 PC disturbing the peace

1. do not typically invite as much social stigma on a criminal record as more serious offenses do, and



2. carry lesser penalties (especially since both charges may be reduced to infractions).

How California trespass law compares to Nevada trespass law

Stated in NRS 207.200, Nevada trespass law is a lot shorter and less technical than California's. NRS 207.200 outlaws only three general actions:

1. going upon someone else's land with the intent to annoy or vex the owner/occupant or commit an unlawful act,



2. willfully going on or staying on someone else's premises after having been asked by the owner / occupant to not be there, and



3. being on public or private property that has been adequately fenced in or posted with signs warning others not to go on it.³³

Therefore, NRS 207.200 probably encompasses many of the more than thirty acts that 602 PC criminalizes...it just doesn't spell them out specifically.

The other main difference between criminal trespass in Nevada and California is how it's penalized. Whereas criminal trespass in California may be charged as an infraction, misdemeanor, or felony, in Nevada it may be brought only as a misdemeanor.³⁴

Call us for help...

For more information about California's trespassing laws, or to discuss your case confidentially with one of our attorneys, please don't hesitate to contact us at Shouse Law Group.

Our California criminal law offices are located in and around Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Additionally, our Nevada criminal defense attorneys represent clients accused of violating Nevada's trespassing laws. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.³⁵

Legal References:

¹California Penal Code 602 PC -- Criminal trespass. ("Except as provided in paragraph (2) of subdivision (v), subdivision (x), and Section 602.8, every 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 any lot situated within the limits of any 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 any 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 any sign, signboard, or notice placed upon, or affixed to, any property belonging to the state, or to any city, county, city and county, town or village, or upon any property of any 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 any property of any person, without license from the owner, any notice, advertisement, or designation of, or any name for any commodity, whether for sale or otherwise, or any picture, sign, or device intended to call attention to it. (g) Entering upon any lands owned by any other person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away any 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 any of those lands.

(h)(1) Entering upon lands or buildings owned by any other 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 any of those lands. (2) In order for there to be a violation of this subdivision [of California's trespass law], the trespass signs under paragraph (1) must 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 shall not be construed to preclude prosecution or punishment under any other provision of 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 any fence on the enclosed land of another, or opening any 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 any sign, signboard, or other notice forbidding shooting on private property. (j) Building fires upon any 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 any lands, whether unenclosed or enclosed by fence, for the purpose of injuring any property or property rights or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of the land, the owner's agent or by the person in lawful possession.

(l) Entering any 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 of the person in lawful possession, and (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, or (2) Tearing down, mutilating, or destroying any sign, signboard, or notice forbidding trespass or hunting on the lands, or (3) Removing, injuring, unlocking, or tampering with any lock on any gate on or leading into the lands, or (4) Discharging any 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 any 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 [of Penal Code 602 PC, California's trespass law] shall not apply to any 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) 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 he or she is 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 may be made to cover a limited period of time not to exceed 30 days 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 may be made for a period not to exceed six months when the premises or property is closed to the public and posted as being closed. However, this subdivision [under Penal Code 602 PC, California's criminal trespassing law] shall not be applicable to persons engaged in lawful labor union activities which are permitted to be carried out on the property by the California Agricultural Labor Relations Act, Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code, or by the National Labor Relations Act. For purposes of this section, land, real property, or structures owned or operated by any housing authority for tenants as defined under Section 34213.5 of the Health and Safety Code constitutes property not open to the general public; however, this subdivision shall 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 any law or ordinance. (p) Entering upon any lands declared closed to entry as provided in Section 4256 of the Public Resources Code, if the closed areas shall 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, watchman, 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 which is closed to the public and which has signs posted indicating the closure. (s) Refusing or failing to leave a hotel or motel, where he or she 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) 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 he or she 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. This subdivision [under Penal Code 602 PC, California's trespass law] shall apply only to a person who has been convicted of a violent felony, as specified in subdivision (c) of Section 667.5, committed upon the particular private property. 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.

(u)(1) Knowingly entering, by an unauthorized person, upon any airport or passenger vessel terminal operations area 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 shall apply 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) Any person convicted of a violation of paragraph (1) [of California Penal Code 602 PC, California's trespassing law] shall be punished as follows: (A) By a fine not exceeding one hundred dollars ($100). (B) By imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or both, 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 the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or both, 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 [under Penal Code 602 PC, California's criminal trespassing law], "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) "Authorized personnel" means any 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. "Authorized personnel" also means any 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. (D) "Airport" means any 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 or passenger vessel terminal, as defined in Section 171.5. (2) A violation of this subdivision [under Penal Code 602 PC, California's trespass law] that is responsible for the evacuation of an airport terminal or passenger vessel terminal and is responsible in any part for delays or cancellations of scheduled flights or departures is punishable by imprisonment of not more than one year in a county jail if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision.

(w) Refusing or failing to leave a battered women's shelter 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 [of California Penal Code 602 PC] 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 battered woman in an amount equal to the relocation expenses of the battered woman and her children if those expenses are incurred as a result of trespass by the defendant at a battered women's shelter.

(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 he or she 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) Any person convicted of a violation of paragraph (1) [of Penal Code 602 PC, California's trespassing law] 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 both, 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 both, for a second or subsequent offense. (D) If probation is granted or the execution or imposition of sentencing is suspended for any 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.")

²Our Los Angeles criminal defense attorneys have local law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier.

³See Penal Code 602 PC, California's criminal trespassing law, above.

⁴See same, Penal Code 602(k) PC. ("(k) Entering any lands, whether unenclosed or enclosed by fence, for the purpose of injuring any property or property rights or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of the land, the owner's agent or by the person in lawful possession.")

⁵See same.

⁶See same, Penal Code 602(m) PC. ("(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.")

⁷See same, Penal Code 602(o) PC. ("(o) 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 he or she is 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.")

See also Penal Code 602.5 PC -- Unauthorized entry of property. ("(a) Every person other than a public officer or employee acting within the course and scope of his or her employment in performance of a duty imposed by law, who enters or remains in any noncommercial dwelling house, apartment, or other residential place without consent of the owner, his or her agent, or the person in lawful possession thereof, is guilty of a misdemeanor.")

⁸California Jury Instructions – Criminal CALJIC 16.330 – Trespass – Entering Land to Interfere With Business. ("In order to prove this crime, each of the following elements must be proved: [1] A person willfully entered land of another, whether unenclosed or enclosed by fence; and [2] The person did so with the specific intent [to injure any property or property rights thereon] [or] [to interfere with, obstruct, or injure any lawful business or occupation being carried on by the [owner of the land or [his] [her] agent] [or] [person in lawful possession of land]].")

⁹California Penal Code 7 PC -- Words and phrases. ("1. The word "willfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.")

¹⁰People v. Battin (1978) 77 Cal.App.3d 635, 659 (overruled on other grounds). (""Specific intent" crimes are those wherein the defendant is aware of and desires the consequences of his actions.")

¹¹San Bernardino criminal defense lawyer Michael Scafiddi, a former police officer and sergeant, represents clients accused of violation Penal Code 602, California's trespassing law in the Inland Empire, including Palm Springs, Hemet, Riverside, Barstow and Victorville.

¹²In re Wallace (1970) 3 Cal.3d 289. This case holds that actual damage...an obstruction or interference with the property's business...is required before a Penal Code 602 PC California criminal trespass charge may be sustained.

¹³In re Wallace, above.

¹⁴In re Ball (1972) 23 Cal.App.3d 380, 386. ("The testimony that it was necessary to divert offloading of the tram into another area because of petitioner's activities constitutes substantial evidence that he did interfere with Disneyland's lawful business [in violation of Penal Code 602 PC, California's criminal trespassing law]. That petitioner knew that his conduct was substantially certain to result in such interference, the requisite intent, may be inferred from his deliberately entering the parking lot and engaging in the conduct disclosed after having requested and been denied permission to do so and from his refusal to leave when asked to do so. (See Pen. Code, § 21.)")

¹⁵In re Catalano (1981) 29 Cal.3d 1 ("A union representative who remains on a jobsite to complete lawful union activity although requested to leave by the owner does not violate [California's trespassing law under Penal Code] section 602, subdivision (k)(1).")

See also Penal Code 602 PC -- ("(o) 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 he or she is 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 may be made to cover a limited period of time not to exceed 30 days 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 may be made for a period not to exceed six months when the premises or property is closed to the public and posted as being closed. However, [italics added] this subdivision shall not be applicable to persons engaged in lawful labor union activities which are permitted to be carried out on the property by the California Agricultural Labor Relations Act, Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code, or by the National Labor Relations Act. For purposes of this section, land, real property, or structures owned or operated by any housing authority for tenants as defined under Section 34213.5 of the Health and Safety Code constitutes property not open to the general public; however, this subdivision shall 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 any law or ordinance.")

See also California Penal Code 552.1 PC -- Exemptions; union activities. ("This article [prohibiting trespassing on or near posted industrial property] does not prohibit: (a) Any lawful activity for the purpose of engaging in any organizational effort on behalf of any labor union, agent, or member thereof, or of any employee group, or any member thereof, employed or formerly employed in any place of business or manufacturing establishment described in this article, or for the purpose of carrying on the lawful activities of labor unions, or members thereof.")

¹⁶People v. Wilkinson (1967) 248 Cal.App.2d Supp. 906, 910. ("Nor is it a violation [of California Penal Code 602 PC] to occupy without consent if the entry be made with consent.")

¹⁷See Penal Code 602(o), endnote 15, above. The pertinent part reads as follows, "However, this subdivision shall not be applicable to persons engaged in lawful labor union activities...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 any law or ordinance.")

¹⁸See People v. Wilkinson, endnote 16, above. ("The purpose of the legislature in passing subdivision (l) of the trespass law is quite clear. It intended the word ‘occupy' to mean a non-transient, continuous type of possession. Surely the transient overnight use of four 3 7 foot areas in a very large ranch for sleeping bags and campfire purposes was not the type of conduct which the legislature intended to prevent when it used the word ‘occupy'. Had this been so, many another verb could have been used in place of ‘occupy' to express an intention of preventing such transient use of so small an area, e.g., be, remain, loiter, tarry, camp, stay, and probably many more. Having in mind the legislative purpose in passing subdivision (l) of Section 602 [California's trespassing law], it is rather obvious that some degree of dispossession and permanency be intended.")

¹⁹People v. Sweetser (1977) 72 Cal.App.3d 278, 285. ("Under subdivision (k)(1) of section 602 of the Penal Code, the statute appellant was convicted of violating, it is not sufficient merely to show that the accused willfully entered upon the fenced lands of another without written permission and then refused to leave the lands when requested to do so; it is also incumbent to prove that the accused's presence on the land constituted a trespass in the sense that he invaded another's exclusive right of possession.")

²⁰These facts are taken from People v. Wilkinson, endnote 16, above.

²¹California Penal Code 602 PC. ("(h)(1) Entering upon lands or buildings owned by any other 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 any of those lands...(l) Entering any 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 of the person in lawful possession, and (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, or (2) Tearing down, mutilating, or destroying any sign, signboard, or notice forbidding trespass or hunting on the lands, or (3) Removing, injuring, unlocking, or tampering with any lock on any gate on or leading into the lands, or (4) Discharging any firearm...(p) Entering upon any lands declared closed to entry as provided in Section 4256 of the Public Resources Code, if the closed areas shall 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...(u)(1) Knowingly entering, by an unauthorized person, upon any airport or passenger vessel terminal operations area 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 shall apply 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.")

²²Penal Code 602(j) PC, California's trespassing law. ("(j) Building fires upon any 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.")

²³California Penal Code 602 PC "trespass" reads as follows: "Except as provided in paragraph (2) of subdivision (v), subdivision (x), and Section 602.8, every person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor..." Penal Code 19 defines misdemeanor punishment as "Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.")

²⁴Penal Code 602 PC, California's criminal trespassing law. ("(w) Refusing or failing to leave a battered women's shelter 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 battered woman in an amount equal to the relocation expenses of the battered woman and her children if those expenses are incurred as a result of trespass by the defendant at a battered women's shelter.")

²⁵California Penal Code 602.8 -- Trespass; Lands enclosed by fence or posted; entry without written permission; punishment; exemptions. ("(a) Any person who without the written permission of the landowner, the owner's agent, or the person in lawful possession of the land, willfully enters any lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or who willfully enters 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, is guilty of a public offense. (b) Any person convicted of a violation of subdivision (a) shall be punished as follows: (1) A first offense is an infraction punishable by a fine of seventy-five dollars ($75). (2) A second offense on the same land or any contiguous land of the same landowner, without the permission of the landowner, the landowner's agent, or the person in lawful possession of the land, is an infraction punishable by a fine of two hundred fifty dollars ($250). (3) A third or subsequent offense on the same land or any contiguous land of the same landowner, without the permission of the landowner, the landowner's agent, or the person in lawful possession of the land, is a misdemeanor.")

²⁶California Penal Code 601 PC -- Aggravated trespass. ("(a) Any person is guilty of trespass who makes a credible threat to cause serious bodily injury, as defined in subdivision (a) of Section 417.6, 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, as defined in subdivision (l) of Section 646.9, and who does any of the following: (1) 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. (2) 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. (b) Subdivision (a) shall not apply if the residence, real property, or workplace described in paragraph (1) or (2) that is entered is the residence, real property, or workplace of the person making the threat.")

²⁷California Penal Code 601 PC -- Aggravated trespass. ("(d) A violation of this section shall be punishable by imprisonment in the state prison, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both a fine and imprisonment.")

²⁸California Penal Code 1203.4 PC -- Change of plea. This section outlines the procedures by which a defendant can expunge his California Penal Code 602 PC trespass conviction from his criminal record.

²⁹Penal Code 459 PC, California's burglary law. ("Every person who enters any house, room, apartment, tenement, shop, warehouse, store...with intent to commit grand or petit larceny or any felony is guilty of burglary.")

³⁰California Penal Code 594 PC -- Vandalism. ("(a) Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism: (1) Defaces with graffiti or other inscribed material. (2) Damages. (3) Destroys.")

³¹California Penal Code 646.9 -- Stalking. ("(a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.")

³²California Penal Code 422 -- Criminal threats. ("Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.")

³³Nevada Revised Statutes 207.200 -- Unlawful trespass upon land; warning against trespassing. ("1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary: (a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or (b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass, is guilty of a misdemeanor.")

³⁴See same.

³⁵Please feel free to contact our Nevada criminal defense attorneys Michael Becker and Mike Castillo for any questions relating to Nevada's trespass laws. Their Nevada law offices are located in Reno and Las Vegas.

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