What Is the California Law for Trespassing Onto Personal Property?

If you enter onto private property without the owner's permission, you are trespassing.

Trespassing occurs when someone enters onto private property without the owner's permission. Trespassing onto to someone else's private property in California is an infringement on the owner's exclusive rights to that property, and it is illegal. There are many ways a person can criminally trespass and many defenses a person can use who is charged with criminally trespassing.

Trespass

It is illegal to trespass on private property.

Although there are several ways a person can trespass, the most typical occurrences are when a person trespasses intending to cause any type of damage or interference. According to California Penal Code 602(c) a person is guilty of criminal trespass if he "maliciously injures or severs from the freehold of another anything attached to it, or its produce." More classic ways of trespassing involve a person who refuses to leave the property or begins to "occupy" the land or property without permission. California Penal Code 602(m) is when a person "enters and occupies real property or structures of any kind without the consent of the owner, the owner's agent, or the person in lawful possession."

Interference

Do not interfere with the property owner's use of the land.

One valid defense is the accused person did not interfere with any of the activities or events that occurred on the private property while he was trespassing. An important element of the definition of trespass involves the act of interfering with the property owner's exclusive use. If the accused person does not interfere with the property owner's use and enjoyment of the land, the person is then not guilty of trespass.

Consent

Get consent from the owner of the property.

Another defense is if the accused person has permission by the owner to be on the property. If the owner allows the person to enter onto the private land, then the owner cannot call the authorities and charge the person with trespass; the consent by the property owner cannot be revoked.

Exclusive Rights

Do not disrupt the owner's exclusive right to use the property.

According to California Penal Code 602 PC, the trespasser cannot "invade another's exclusive right of possession". If a person only stays for a certain period of time that is not continuous and does not disrupt the owner's "exclusive right" to use the property, then the accused person is not guilty of trespass. If, however, the person stays for an extended period, which disrupts the owner's "exclusive right of possession" of the property, then it is trespass.

Punishment

Trespassing in California can result in fines and incarceration.

There are three types of punishment a trespasser could receive if found guilty. The first level of punishment is a misdemeanor in which the person receives a maximum sentence of six months in county jail and pays up to $1,000 in fines. Another punishment less than a misdemeanor, is an infraction. Infractions could result from ignoring a "no-trespass" sign. If the trespasser continues to ignore the sign, he could be charged with a misdemeanor. Finally, aggravated trespass carries a felony charge if the trespasser threatened harm on any persons on the property; if the trespasser returns within a 30 day period, intending to carry out the previous threat, he will face a felony charge.

References

• SHouselaw.com: California Criminal Trespass & Trespassing Laws
• California Department of Motor Vehicles: Penal Code 602