{"id":371768,"date":"2016-10-12T11:43:57","date_gmt":"2016-10-12T16:43:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-criminal-trespass-laws.html"},"modified":"2026-07-16T10:46:12","modified_gmt":"2026-07-16T15:46:12","slug":"california-criminal-trespass-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-criminal-trespass-laws.html","title":{"rendered":"California Criminal Trespass Laws"},"content":{"rendered":"\n
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California Criminal Trespass Laws<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

California criminal <\/span>trespass<\/span> laws<\/span> cover the crime that occurs when an individual enters or remains on another person\u2019s property<\/span> without permission and with the specific intent<\/span> to interfere with their property rights<\/span>. Civil trespass only requires physical entry, while criminal trespass<\/span> requires physical entry with the intent to harm.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Trespassing, at its most basic, is entry onto the property of another person. If you walk onto your neighbor\u2019s yard, you have trespassed under civil law. Criminal trespass<\/span> requires a little more. Criminal <\/span>trespass<\/span> law<\/span> in California requires the prosecutor to show the trespasser entered the property intending to cause harm, or with knowledge that they had entered someone else\u2019s private property<\/span>.<\/p>\n

Any entry onto private property<\/span> is \u201ctrespassing\u201d under civil law<\/a>. Owners have a right to \u201cquiet enjoyment,\u201d which means other people staying off their property. Criminal <\/span>trespassing<\/span> laws<\/span> require an additional element of intent to cause harm<\/a>. The trespasser must either enter the property intending to commit another wrongful act or know the property is private and enter despite warnings.<\/p>\n

Elements of Criminal Trespassing<\/span><\/h3>\n

California criminal <\/span>trespass<\/span> charges<\/span> depend on what the individual does before entering the property. California <\/span>Penal Code<\/span> 601<\/span><\/a> defines\u00a0criminal trespass<\/span>. A defendant can receive trespassing charges<\/span> if they make a credible threat<\/span> to cause serious bodily injury<\/span> to another person or their family and, within 30 days of that threat, attempt to enter the residence or workplace of that person with the intent of carrying out the threat. The law does not require that a property owner<\/span> ask the defendant to leave the property or know they were trespassing before removal.<\/p>\n

Other California Penal Codes<\/span><\/a> cover entry onto property marked \u201cNo Trespassing<\/span>\u201d or onto property where the owner has asked the defendant to leave, but the intruder has refused.<\/p>\n

\u201cRefusing to leave\u201d for purposes of this California penal code<\/span> section<\/span> means:<\/p>\n