California Criminal Trespass Laws

Trespassing, at its most basic, is entry onto the property of another person. If you walk onto your neighbor’s yard, you have trespassed under civil law. Criminal trespass requires a little more. Criminal trespass law 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’s private property.

Any entry onto private property is “trespassing” under civil law. Owners have a right to “quiet enjoyment,” which means other people staying off their property. Criminal trespassing laws require an additional element of intent to cause harm. The trespasser must either enter the property intending to commit another wrongful act or know the property is private and enter despite warnings.

Elements of Criminal Trespassing

California criminal trespass charges depend on what the individual does before entering the property. California Penal Code 601 defines criminal trespass. A defendant can receive trespassing charges if they make a credible threat to cause serious bodily injury 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 ask the defendant to leave the property or know they were trespassing before removal.

Other California Penal Codes cover entry onto property marked “No Trespassing” or onto property where the owner has asked the defendant to leave, but the intruder has refused.

“Refusing to leave” for purposes of this California penal code section means:

• You received a direct command from the owner, their agent, or a law enforcement officer
• You deliberately chose to stay on the property after receiving the order
• This applies if you entered lawfully, but remained after the owner told you to leave

If a bar cuts you off and tells you to leave, you’re trespassing if you fail to do so. This rule applies to all private property, businesses, non-public government land, and other posted areas. It does not apply if the reason to leave is discriminatory, such as race, religion, or gender. However, refusing to leave may create a public disturbance.

Infraction Trespass and Proper Posting

An infraction trespass occurs when a defendant violates the property rights of an owner by entering posted enclosed property without permission. Real property and improved structures must have proper notices posted for someone to be charged with trespassing. Details for proper display include:

• Signs must be visible from all walkways, driveways, and other access points. They should state “No Trespassing” or similar language and reference California Penal Code 602. Local statutes may require signs to reference city/county codes or use two languages.
• On unfenced land, the signs should stand at least every 50 feet along the property line. On fenced property, there should be at least three signs per mile
• On buildings or improved property, signs should hang on the outside of all structures. They should also be clearly visible and in good repair.

Criminal charges require entry onto property with knowledge that the property belongs to another. If the property is not properly posted, it offers a legal defense of being unaware that they were trespassing.

A law enforcement officer does not have to tell you to leave a property for it to carry legal clout. The owner, a legal employee of the owner, or anyone in lawful possession of the property may order you to leave.

Trespass and Related Crimes

Entering onto a person’s property and refusing to leave is a civil offense. Staying may leave you open to being sued, but if you leave when police arrive, the harshest penalty you might face is an infraction citation for misdemeanor trespassing.

Entering a property and committing any of the following acts can result in a misdemeanor charge. Some of these offenses can include:

• Cutting wood on posted land
• Destroying signage
• Hunting or trapping on posted land
• Avoiding airport or other transit screening areas
• Entering posted hospital areas without permission

The law also permits counties and municipalities to add additional areas. For instance, counties at risk of wildfires may expand fire or wood-cutting restrictions to reduce the risk to individuals in dangerous fire zones.

Related Offenses

Other crimes can contain trespassing either as a lesser included offense or as a part of the charges themselves. To commit the crime of vandalism, a defendant may enter onto posted property without permission. However, a vandal may target public property without trespassing, or the trespass order may not exist until after the first act of vandalism.

The civil offense of adverse possession involves “continuous trespass.” An individual must live on the property for a statutory period of time, with the owner’s knowledge. Adverse possession can result in the “trespasser” becoming the owner unless the real owner acts in time.

Trespassing is a lesser included offense of burglary. Burglary requires entry into property without the owner’s permission. If the individual has permission, the crime becomes shoplifting or theft. Many of the offenses include “taking and carrying away” of property to complete the crime.

In some cases, trespassing can result in additional charges even if the defendant did not intend it. When a drunk patron in a bar argues with a bouncer instead of leaving as requested, a simple trespassing charge could become a disturbing the peace arrest. Even if you believe you are being removed from the property unlawfully, it’s better to contact an attorney and fight for your legal rights in court.

Penalties

Trespass is a crime of specific intent. You must know that you are entering another person’s property and mean to interfere with the business or items on the property when you do. This differs from civil trespass, in which a defendant needs only to enter the property. A plaintiff filing a civil complaint only needs to show that a defendant entered their property, not that they intended to interfere with their property rights.

Trespass is a “wobbler” offense in California. A “wobbler” is an offense that can be a felony or a misdemeanor, depending on other circumstances of the crime. This can affect the severity of the penalties for conviction, which include:

• Infraction Trespass: Entering property marked with “no trespassing” or “no entry” signs. The land may have fences or be open. $75 for a first offense, if the defendant did no other harm on the property.
• Misdemeanor Trespass: Entering marked property or remaining with intent to interfere. Refusing an order to leave. A misdemeanor is punishable by up to six months’ jail time, a $1,000 fine, or both.
• Aggravated Trespass: Aggravated trespass may include making a credible threat of bodily harm and entering the victim’s residence or workplace within 30 days of the threat, or entering or remaining in an occupied residence without permission. Depending on the circumstances, the penalty may be up to one year in jail, a fine of up to $2,000, or both for a misdemeanor. Felony trespass may result in a prison sentence of up to three years, fines, or both.

Intent is the key to proving any trespass charge.

Defenses

If you face a trespassing charge in California, consider speaking with a criminal defense attorney. Under California law, the prosecutor must prove all elements of the crime for a conviction. However, if you were on another person’s property, you may need to demonstrate you had permission or were unaware you were trespassing.

Some common defenses to trespassing include:

• Lack of intent: You did not willfully enter the property or had no intention of interfering with the business
• Mistake of fact: You believed you were in a public area
• Lack of proper notice: The property had no fences or signs, so you could not know you were trespassing
• Necessity or emergency: By trespassing, you avoided a greater harm

In cases of aggravated trespassing, where the defendant is accused of entering a home or business after making a credible threat, the defendant must show that they had no intention of carrying out the threat or that they did not make any criminal threats.

Get Legal Advice From a California Criminal Defense Attorney

Trespassing cases are usually minor and result in fines or brief jail sentences. You’ll still need legal advice and representation to avoid possible felony charges. To develop a sound defense strategy in your case, contact a California criminal defense attorney to discuss your legal options.