Penal Code §602
Except as provided in subdivision (u), subdivision (v), subdivision (x),
and Section 602.8, every person who willfully commits a trespass by any
of the following acts is guilty of a misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or timber standing
or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.
(c) Maliciously injuring or severing from the freehold of another anything
attached to it, or its produce.
(d) 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.
(e) Digging, taking, or carrying away from land in any city or town laid
down on the map or plan of the city, or otherwise recognized or established
as a street, alley, avenue, or park, without the license of the proper
authorities, any earth, soil, or stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying any sign,
signboard, or notice placed upon, or affixed to, any property belonging
to the state, or to any city, county, city and county, town or village,
or upon any property of any person, by the state or by an automobile association,
which sign, signboard or notice is intended to indicate or designate a
road, or a highway, or is intended to direct travelers from one point
to another, or relates to fires, fire control, or any other matter involving
the protection of the property, or putting up, affixing, fastening, printing,
or painting upon any property belonging to the state, or to any city,
county, town, or village, or dedicated to the public, or upon any property
of any person, without license from the owner, any notice, advertisement,
or designation of, or any name for any commodity, whether for sale or
otherwise, or any picture, sign, or device intended to call attention to it.
(g) 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; or damaging, destroying, or removing, or causing to
be removed, damaged, or destroyed, any stakes, marks, fences, or signs
intended to designate the boundaries and limits of any of those lands.
(h) (1) Entering upon lands or buildings owned by any other person without
the license of the owner or legal occupant, where signs forbidding trespass
are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other
animal is being raised, bred, fed, or held for the purpose of food for
human consumption; or injuring, gathering, or carrying away any animal
being housed on any of those lands, without the license of the owner or
legal occupant; or damaging, destroying, or removing, or causing to be
removed, damaged, or destroyed, any stakes, marks, fences, or signs intended
to designate the boundaries and limits of any of those lands.
(2) In order for there to be a violation of this subdivision, the trespass
signs under paragraph (1) must be displayed at intervals not less than
three per mile along all exterior boundaries and at all roads and trails
entering the land.
(3) This subdivision shall not be construed to preclude prosecution or
punishment under any other provision of law, including, but not limited
to, grand theft or any provision that provides for a greater penalty or
longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying any fence
on the enclosed land of another, or opening any gate, bar, or fence of
another and willfully leaving it open without the written permission of
the owner, or maliciously tearing down, mutilating, or destroying any
sign, signboard, or other notice forbidding shooting on private property.
(j) Building fires upon any lands owned by another where signs forbidding
trespass are displayed at intervals not greater than one mile along the
exterior boundaries and at all roads and trails entering the lands, without
first having obtained written permission from the owner of the lands or
the owner’s agent, or the person in lawful possession.
(k) Entering any lands, whether unenclosed or enclosed by fence, for the
purpose of injuring any property or property rights or with the intention
of interfering with, obstructing, or injuring any lawful business or occupation
carried on by the owner of the land, the owner’s agent or by the
person in lawful possession.
(l) Entering any lands under cultivation or enclosed by fence, belonging
to, or occupied by, another, or entering upon uncultivated or unenclosed
lands where signs forbidding trespass are displayed at intervals not less
than three to the mile along all exterior boundaries and at all roads
and trails entering the lands without the written permission of the owner
of the land, the owner’s agent or of the person in lawful possession, and
(1) Refusing or failing to leave the lands immediately upon being requested
by the owner of the land, the owner’s agent or by the person in
lawful possession to leave the lands, or
(2) Tearing down, mutilating, or destroying any sign, signboard, or notice
forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on any gate
on or leading into the lands, or
(4) Discharging any firearm.
(m) Entering and occupying real property or structures of any kind without
the consent of the owner, the owner’s agent, or the person in lawful
possession.
(n) Driving any vehicle, as defined in Section 670 of the Vehicle Code,
upon real property belonging to, or lawfully occupied by, another and
known not to be open to the general public, without the consent of the
owner, the owner’s agent, or the person in lawful possession. This
subdivision shall not apply to any person described in Section 22350 of
the Business and Professions Code who is making a lawful service of process,
provided that upon exiting the vehicle, the person proceeds immediately
to attempt the service of process, and leaves immediately upon completing
the service of process or upon the request of the owner, the owner’s
agent, or the person in lawful possession.
(o) 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. The owner, the owner’s agent, or the person
in lawful possession shall make a separate request to the peace officer
on each occasion when the peace officer’s assistance in dealing
with a trespass is requested. However, a single request for a peace officer’s
assistance may be made to cover a limited period of time not to exceed
30 days and identified by specific dates, during which there is a fire
hazard or the owner, owner’s agent or person in lawful possession
is absent from the premises or property. In addition, a single request
for a peace officer’s assistance may be made for a period not to
exceed six months when the premises or property is closed to the public
and posted as being closed. However, this subdivision shall not be applicable
to persons engaged in lawful labor union activities which are permitted
to be carried out on the property by the California Agricultural Labor
Relations Act, Part 3.5 (commencing with Section 1140) of Division 2 of
the Labor Code, or by the National Labor Relations Act. For purposes of
this section, land, real property, or structures owned or operated by
any housing authority for tenants as defined under Section 34213.5 of
the Health and Safety Code constitutes property not open to the general
public; however, this subdivision shall not apply to persons on the premises
who are engaging in activities protected by the California or United States
Constitution, or to persons who are on the premises at the request of
a resident or management and who are not loitering or otherwise suspected
of violating or actually violating any law or ordinance.
(p) Entering upon any lands declared closed to entry as provided in Section
4256 of the Public Resources Code, if the closed areas shall have been
posted with notices declaring the closure, at intervals not greater than
one mile along the exterior boundaries or along roads and trails passing
through the lands.
(q) Refusing or failing to leave a public building of a public agency during
those hours of the day or night when the building is regularly closed
to the public upon being requested to do so by a regularly employed guard,
watchman, or custodian of the public agency owning or maintaining the
building or property, if the surrounding circumstances would indicate
to a reasonable person that the person has no apparent lawful business
to pursue.
(r) Knowingly skiing in an area or on a ski trail which is closed to the
public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she has
obtained accommodations and has refused to pay for those accommodations,
upon request of the proprietor or manager, and the occupancy is exempt,
pursuant to subdivision (b) of Section 1940 of the Civil Code, from Chapter
2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of
the Civil Code. For purposes of this subdivision, occupancy at a hotel
or motel for a continuous period of 30 days or less shall, in the absence
of a written agreement to the contrary, or other written evidence of a
periodic tenancy of indefinite duration, be exempt from Chapter 2 (commencing
with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.
(t) (1) Entering upon private property, including contiguous land, real
property, or structures thereon belonging to the same owner, whether or
not generally open to the public, after having been informed by 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, that the property is not open to the
particular person; or refusing or failing to leave the property upon being
asked to leave the property in the manner provided in this subdivision.
(2) This subdivision shall apply only to a person who has been convicted
of a crime committed upon the particular private property.
(3) A single notification or request to the person as set forth above shall
be valid and enforceable under this subdivision unless and until rescinded
by the owner, the owner’s agent, or the person in lawful possession
of the property.
(4) Where the person has been convicted of a violent felony, as described
in subdivision (c) of Section 667.5, this subdivision shall apply without
time limitation. Where the person has been convicted of any other felony,
this subdivision shall apply for no more than five years from the date
of conviction. Where the person has been convicted of a misdemeanor, this
subdivision shall apply for no more than two years from the date of conviction.
Where the person was convicted for an infraction pursuant to Section 490.1,
this subdivision shall apply for no more than one year from the date of
conviction. This subdivision shall not apply to convictions for any other
infraction.
(u) (1) Knowingly entering, by an unauthorized person, upon any airport
operations area, passenger vessel terminal, or public transit facility
if the area has been posted with notices restricting access to authorized
personnel only and the postings occur not greater than every 150 feet
along the exterior boundary, to the extent, in the case of a passenger
vessel terminal, as defined in subparagraph (B) of paragraph (3), that
the exterior boundary extends shoreside. To the extent that the exterior
boundary of a passenger vessel terminal operations area extends waterside,
this prohibition shall apply if notices have been posted in a manner consistent
with the requirements for the shoreside exterior boundary, or in any other
manner approved by the captain of the port.
(2) Any person convicted of a violation of paragraph (1) shall be punished
as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in a county jail not exceeding six months, or by a
fine not exceeding one thousand dollars ($1,000), or by both that fine
and imprisonment, if the person refuses to leave the airport or passenger
vessel terminal after being requested to leave by a peace officer or authorized
personnel.
(C) By imprisonment in a county jail not exceeding six months, or by a
fine not exceeding one thousand dollars ($1,000), or by both that fine
and imprisonment, for a second or subsequent offense.
(3) As used in this subdivision the following definitions shall control:
(A) “Airport operations area” means that part of the airport
used by aircraft for landing, taking off, surface maneuvering, loading
and unloading, refueling, parking, or maintenance, where aircraft support
vehicles and facilities exist, and which is not for public use or public
vehicular traffic.
(B) “Passenger vessel terminal” means only that portion of
a harbor or port facility, as described in Section 105.105(a)(2) of Title
33 of the Code of Federal Regulations, with a secured area that regularly
serves scheduled commuter or passenger operations. For the purposes of
this section, “passenger vessel terminal” does not include
any area designated a public access area pursuant to Section 105.106 of
Title 33 of the Code of Federal Regulations.
(C) “Public transit facility” has the same meaning as specified
in Section 171.7.
(D) “Authorized personnel” means any person who has a valid
airport identification card issued by the airport operator or has a valid
airline identification card recognized by the airport operator, or any
person not in possession of an airport or airline identification card
who is being escorted for legitimate purposes by a person with an airport
or airline identification card. “Authorized personnel” also
means any person who has a valid port identification card issued by the
harbor operator, or who has a valid company identification card issued
by a commercial maritime enterprise recognized by the harbor operator,
or any other person who is being escorted for legitimate purposes by a
person with a valid port or qualifying company identification card. “Authorized
personnel” also means any person who has a valid public transit
employee identification.
(E) “Airport” means any facility whose function is to support
commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding submission
to the screening and inspection of one’s person and accessible property
in accordance with the procedures being applied to control access when
entering or reentering a sterile area of an airport, passenger vessel
terminal, as defined in Section 171.5, or public transit facility, as
defined in subdivision (u), if the sterile area is posted with a statement
providing reasonable notice that prosecution may result from a trespass
described in this subdivision, is a violation of this subdivision, punishable
by a fine of not more than five hundred dollars ($500) for the first offense.
A second and subsequent violation is a misdemeanor, punishable by imprisonment
in a county jail for a period of not more than one year, or by a fine
not to exceed one thousand dollars ($1,000), or by both that fine and
imprisonment.
(2) Notwithstanding paragraph (1), if a first violation of this subdivision
is responsible for the evacuation of an airport terminal, passenger vessel
terminal, or public transit facility and is responsible in any part for
delays or cancellations of scheduled flights or departures, it is punishable
by imprisonment of not more than one year in a county jail.
(w) Refusing or failing to leave a battered women’s shelter at any
time after being requested to leave by a managing authority of the shelter.
(1) A person who is convicted of violating this subdivision shall be punished
by imprisonment in a county jail for not more than one year.
(2) The court may order a defendant who is convicted of violating this
subdivision to make restitution to a battered woman in an amount equal
to the relocation expenses of the battered woman and her children if those
expenses are incurred as a result of trespass by the defendant at a battered
women’s shelter.
(x) (1) Knowingly entering or remaining in a neonatal unit, maternity ward,
or birthing center located in a hospital or clinic without lawful business
to pursue therein, if the area has been posted so as to give reasonable
notice restricting access to those with lawful business to pursue therein
and the surrounding circumstances would indicate to a reasonable person
that he or she has no lawful business to pursue therein. Reasonable notice
is that which would give actual notice to a reasonable person, and is
posted, at a minimum, at each entrance into the area.
(2) Any person convicted of a violation of paragraph (1) shall be punished
as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in a county jail not exceeding one year, or by a fine
not exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment, if the person refuses to leave the posted area after being
requested to leave by a peace officer or other authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by a fine
not exceeding two thousand dollars ($2,000), or by both that fine and
imprisonment, for a second or subsequent offense.
(D) If probation is granted or the execution or imposition of sentencing
is suspended for any person convicted under this subdivision, it shall
be a condition of probation that the person participate in counseling,
as designated by the court, unless the court finds good cause not to impose
this requirement. The court shall require the person to pay for this counseling,
if ordered, unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding submission
to the screening and inspection of one’s person and accessible property
in accordance with the procedures being applied to control access when
entering or reentering a courthouse or a city, county, city and county,
or state building if entrances to the courthouse or the city, county,
city and county, or state building have been posted with a statement providing
reasonable notice that prosecution may result from a trespass described
in this subdivision. [Amended by Stats. 2010, Ch. 675, Sec. 2.5. Effective
January 1, 2011]