California Penal Code § 602.5 PC is the statute that prohibits 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 one year in jail and/or up to $1,000 in fines.
The full text of § 602.5 PC reads as follows:
(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 602.5 PC?
Aggravated trespass occurs when the home’s residents (or their guests) are present during the trespass. With ordinary trespass under 602 PC, the dwelling is unoccupied.
Also, both trespass and aggravated trespass are California 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?
A California court can grant you three years of supervised probation in lieu of incarceration for aggravated trespass. One of the probation terms for 602.5 PC convictions must include counseling.2
Will there be a restraining order against me?
If you are convicted of aggravated trespass in California, 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?
In California, potential defenses to 602.5 PC charges 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.
How is residential burglary different?
Burglary of a residence under 460 PC is entering a residential structure with the intent to commit grand larceny, petit larceny, or a felony inside. It is prosecuted as a felony.
In contrast, aggravated trespass does not require you to intend to commit a crime while inside the residence. Also, it is only a misdemeanor.
In certain cases, a criminal defense attorney may be able to get a burglary charge reduced to aggravated trespass as part of a plea bargain.
Trespass in violation of 602.5 PC is a misdemeanor in California.
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. People v. Estrada (Cal.App. 2024) .
- 602.5 PC. People v. Asbury (Cal. App. 2d Dist., 2016) 4 Cal. App. 5th 1222.
- 602.5 PC.