California Penal Code § 602.5 PC defines the crime of aggravated trespass, which is entering or remaining in a home without permission while the resident or guest is there. Aggravated trespass is a misdemeanor carrying up to 1 year in jail and/or up to $1,000 in fines.
The full text of the statute reads as follows:
PC 602.5. (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.
(b) Every person other than a public officer or an employee acting within the course and scope of his employment in performance of a duty imposed by law, who, without the consent of the owner, his or her agent, or the person in lawful possession thereof, enters or remains in any noncommercial dwelling house, apartment, or other residential place while a resident, or another person authorized to be in the dwelling, is present at any time during the course of the incident is guilty of aggravated trespass 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.
(c) If the court grants probation, it may order a person convicted of a misdemeanor under subdivision (b) to up to three years of supervised probation. It shall be a condition of probation that the person participate in counseling, as designated by the court.
(d) If a person is convicted of a misdemeanor under subdivision (b), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, that may be valid for up to three years, as determined by the court. In determining the length of the straining order, the court shall consider, among other factors, the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.
(e) Nothing in this section shall preclude prosecution under Section 459 or any other provision of law.
Frequently-Asked-Questions
Can there be aggravated trespass of a commercial property?
Not under California Penal Code 602.5 PC. This statute applies only to non-commercial dwellings.
What is the difference between trespass and aggravated trespass under PC 602.5?
Definition-wise, aggravated trespass occurs when the home’s residents (or their guests) are present during the trespass. With ordinary trespass, the dwelling is unoccupied.
Penalty-wise, both trespass and aggravated trespass are misdemeanors. However, the maximum jail sentence for ordinary trespass is six months, whereas aggravated trespass carries up to one year.1
Can I get probation instead of jail?
The court can grant you three years of supervised probation in lieu of incarceration for aggravated trespass. One of the probation terms must include counseling.2
Will there be a restraining order against me?
If you are convicted of aggravated trespass, the court may issue a restraining order against you for up to three years. When determining how long the restraining order should last, the court will consider:
- the seriousness of the case;
- the likelihood you will re-offend;
- the safety of the victim and their immediate family.3
How can I fight aggravated trespass charges?
Potential defenses are:
- You had the owner’s or tenant’s consent to be on the property;
- You were falsely accused; or
- The police committed misconduct, such as entrapping you or coercing your confession.
Trespass in violation of PC 602.5 is a misdemeanor in California.
Learn more about California trespass laws (PC 602). Also refer to our article on the more serious crime of burglary (PC 459), defined as entering a residential or commercial structure (or a locked vehicle) with the intent to commit grand larceny, petit larceny, or a felony inside.
Legal References
- California Penal Code 602.5 PC – Unauthorized entering or remaining in noncommercial residential place; Aggravated trespass; Penalty; Probation; Restraining order. Edgerly v. City & County of San Francisco (9th Cir. Cal., 2010), 599 F.3d 946.
- PC 602.5. People v. Asbury (Cal. App. 2d Dist., 2016) 4 Cal. App. 5th 1222.
- PC 602.5.