--- title: "California Penal Code 602 PC: Trespassing Laws & Penalties" description: "Facing a PC 602 trespassing charge in California? Learn which subsections are infractions vs. misdemeanors, the PC 601 distinction, and real defenses." url: "https://www.thehfirm.com/penal-codes/pc-602-trespassing" site: "H Law Group" --- # California Penal Code 602 PC: Trespassing Laws & Penalties Facing a PC 602 trespassing charge in California? Learn which subsections are infractions vs. misdemeanors, the PC 601 distinction, and real defenses. Topics: Trespassing, Penal Code 602, Criminal Defense, California Misdemeanors, Aggravated Trespass A trespassing charge in California sounds minor until you're the one standing in front of a judge. Most people picture PC 602 as a single crime with a single punishment. It isn't. The statute lists dozens of separate trespassing scenarios, entering someone's fenced field, refusing to leave a store after being asked, showing up at a property you were told to stay away from, and each one carries its own penalty. Some are infractions you resolve with a fine. Others are misdemeanors that follow you on a record. Knowing which category your case falls into changes how you should handle it. ## What trespassing actually requires under PC 602 Trespassing is not the same as simply being somewhere you weren't invited. To convict someone under most subsections of [Penal Code 602](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=602.), a prosecutor has to prove the person willfully entered or willfully stayed on someone else's property, without consent from the owner or whoever is lawfully in possession, and that the entry matches one of the specific acts the statute describes. Willfully wandering onto unmarked land by accident, or staying a few extra seconds while gathering your things, generally doesn't meet that bar. The three scenarios that come up most often in actual prosecutions are entering land or a building after the owner, their agent, or a peace officer has already told you not to come back, refusing to leave when the owner or the person lawfully in charge asks you to go, and entering property with the intent to interfere with, obstruct, or damage a lawful business. The first is the classic "no trespass order" situation: an ex-employee returning to a workplace, someone barred from a store after an incident, a person told to stay off a family member's property. The second covers a guest who won't leave a home, a customer who won't leave a business after closing, or someone camping on private land who ignores a request to move on. The third is the subsection prosecutors reach for in labor disputes, protests that block a storefront, or someone entering a restaurant specifically to drive customers away. California's own jury instructions, CALCRIM No. 2930, require proof that the person entered intending to disrupt the business, not just that a disruption happened. A fourth common scenario, entering land that's fenced, under cultivation, or posted with no trespassing signs, is handled separately under Penal Code 602.8, which has its own graduated penalty scale described below. ## Penalties: infraction or misdemeanor depends on which subsection applies - Returning after being told to stay away, or refusing to leave when lawfully asked, is a misdemeanor: up to six months in county jail, a fine of up to $1,000, or both, with summary probation often available in place of jail time. - Entering property to interfere with a lawful business under subsection (k) carries the same misdemeanor range, up to six months in jail and a $1,000 fine. - Entering fenced, cultivated, or clearly posted land without written permission is charged under Penal Code 602.8, not the general misdemeanor provision. A first offense is an infraction with a $75 fine. A second offense on the same or adjoining land is an infraction with a $250 fine. Only a third offense becomes a misdemeanor, with up to six months in jail and a $1,000 fine. - A handful of narrower subsections, entering an airport or transit facility without authorization, or a hospital's neonatal or maternity ward, carry their own separate fine schedules that also start as infractions before escalating with repeat violations. It's worth separating criminal trespass from civil trespass here, because people mix them up. Civil trespass is a property owner suing for damages or an injunction. Criminal trespass is the district attorney filing charges, and it's the version that can put you in jail or leave you with a criminal record. ## When trespassing becomes aggravated trespass under PC 601 [Penal Code 601](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=601.) is a different, more serious charge that often gets confused with 602. It applies when someone makes a credible threat to cause serious bodily injury to another person, then enters that person's home, the property immediately around it, or their workplace, within 30 days of the threat, with the intent to carry it out. Because it combines a threat with a follow-through entry, PC 601 is a wobbler. Prosecutors can file it as a felony under the realignment sentencing rules or as a misdemeanor with up to a year in county jail, and it carries a fine of up to $2,000 on top of any jail or prison time. It's frequently charged alongside [criminal threats](/penal-codes/pc-422-criminal-threats) or [stalking](/penal-codes/pc-646-9-stalking) cases rather than on its own, so if you're facing a 601 charge, the trespass is usually the least of your problems. ## Common defenses to a trespassing charge - Consent: if the owner, a tenant, or someone with authority over the property let you in or never withdrew permission, the entry wasn't willful trespassing. - Lack of adequate notice: this matters for the subsections that depend on posted signs or a direct warning. PC 602.8 requires signs at intervals of no more than three per mile along the property's boundaries; if the land wasn't posted that way, or you were never actually told to leave, the case has a hole in it. - A good-faith claim of right: believing you had a genuine legal basis to be on the property, as a co-owner, an authorized tenant, or an invited guest, can defeat the willfulness element even if that belief turns out to be mistaken. - Necessity: this can apply in narrow situations, such as entering property to escape an immediate danger. - Leaving promptly when asked: in some cases the simplest defense is that the person left as soon as they were asked, which cuts against the refusing-to-leave theory prosecutors rely on for several subsections. ## Frequently asked questions ### Is trespassing a felony in California? Almost never under PC 602 itself. Most trespassing charges are infractions or misdemeanors. The exception is aggravated trespass under PC 601, which is a wobbler that can be filed as a felony when it involves a prior threat of serious bodily injury. ### Can I be charged with trespassing without ever being warned to leave? It depends on the subsection. Some, like refusing to leave when asked, require that a request or warning happened first. Others, like entering land clearly posted with no trespassing signs, don't require a personal warning at all since the posting itself serves as notice. ### What's the real difference between civil and criminal trespass? Civil trespass is a lawsuit a property owner files to recover damages or stop someone from coming back. Criminal trespass is a charge filed by the district attorney and can result in fines, probation, or jail. ### Does a No Trespassing sign automatically make entry a crime? Only if the signage meets the statutory requirements, posted at the required intervals under PC 602.8, and only if the person actually entered without permission. A single faded sign on one corner of a large property may not be enough on its own. ### Can a trespassing conviction affect my job, license, or immigration status? It can, depending on the circumstances and the person's specific situation. Even a misdemeanor conviction can come up in background checks or licensing reviews, and immigration consequences depend heavily on individual facts. ## Where to go from here PC 602 covers so much ground, from a fence-line dispute to a business interference case to a full aggravated trespass charge, that the specific facts of an arrest often don't match what the initial paperwork says. The subsection you're charged under determines whether you're looking at a $75 ticket or a jail sentence, and that distinction gets lost easily if no one checks it. If you're facing a trespassing charge in Los Angeles, talk to a criminal defense attorney before your court date so someone can look at the actual police report and figure out which version of this charge you're really dealing with. --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.