California Criminal Trespass Laws

California Penal Code § 601 § 602

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 the full statute for a complete definition of criminal trespass under California law.

• Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another.
• 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.
• 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.

The specific elements of the offense are based on the specific type of trespassing alleged. But generally, the elements can be reduced to the following:

1. Defendant willfully entered property belonging to someone else, without permission; and
2. When defendant entered the property, he/she intended to interfere with the rightful owner's property.

One commits an act of aggravated trespass if he or she:

1. Makes a credible threat of bodily harm, and
2. Enters that person's property or place of employment within 30 days of the threat, intending to carry it out.

• The property wasn't sufficiently marked as private
• You had the right to be on the property
• You were given permission to be on the property

Criminal Trespass: Infraction (up to $100 fine); Misdemeanor (up to 6 mos. in jail and/or a fine of up to $1,000)

Aggravated Trespass: Misdemeanor (up to 1 yr. in jail and/or a fine of up to $2,000);Felony (up to 3 yrs. in prison, plus fines)

*Penalties depend on the severity of the charges. For instance, simply entering someone else's land without permission (assuming it's clearly marked with signs and/or fences) is typically charged as an infraction.