What Is Criminal Trespassing in California?
The California Penal Code sets out provisions relevant to criminal trespass in Section 602. California criminal trespass covers many and diverse activities, including property entry, property destruction and damage to signage. A defendant accused of criminal trespass should consult an attorney.
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Property Entry
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Under Section 602, numerous unlicensed property entries (those made without the permission of the owner) may qualify as criminal trespass. Such criminal offenses include: entry on land for growing shellfish; entry on land where animals are being bred; entry with intent to injure or interfere with the owner's property rights; and building fires or discharging firearms on certain lands. Criminal trespass may also include refusal to leave; for example, if a person refuses to leave public property once the property becomes closed to the public. Criminal trespass also includes entry with intent to interfere with the business activities taking place on the property.
Property Damage
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Criminal trespass also includes certain acts that result in injury to property. Among these acts: injuring or carrying away timber from another's land; malicious injury to or removal of produce on another's property; unlicensed excavation or removal of earth or soil; removal of or injury to farm animals; and damage to fences or gates.
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Signage
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It is generally an act of criminal trespass to tear down or damage (with malicious intent) any sign or notice attached to property. This prohibition includes signs which designate property boundaries and signs forbidding people from shooting on the property.
Prosecution
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California prosecutors may prosecute criminal trespass as an infraction, a misdemeanor or a felony. However, most criminal trespass offenses are prosecuted as misdemeanors. Penalties for criminal trespass vary widely, from fines to non-entry orders to community service to imprisonment. The charge and penalty will generally depend on the severity of the offense and the prior criminal record, if any, of the trespasser. The statute allows prosecution for aggravated criminal trepass if a person threatens to injure another person, and then illegally enters that person's property (or place of work) within 30 days of threatening and with intent to make good on the threat.
Defenses
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A defendant accused of trespass can defend against the charge by using one of several theories: that he had a right to be on the property; that he was on the property with the owner's consent; that signs indicating that the property was private were not posted, or were inadequately spaced along the boundaries of the property; that he entered the property in self-defense or defense of others; or (usually in the case of law enforcement) that he entered the property with the lawful right to arrest a third person who was on the property.
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