Trespassing is illegal in California and this website does not encourage nor condone it. You should know the law. There are three levels of charges that can result from penal code 602 based on a highly complex and detailed penal code. Basically, its up to a judge.
For example: Damaging or stealing as much as a single stone is mentioned in the code and may elevate the case. Climbing fences or opening locked gates also won’t be good in court. If the property has no signs and you didn’t know it was private you stand a better chance of a lower charge or dismissal.
Trespassing Infraction:
Sometimes only charged with a small fee.
Trespassing Misdemeanor:
In most cases, “criminal trespass” in California is a misdemeanor, with 6 months in county jail, up to 1,000 in fines, or both.
Trespassing Felony:
“Aggravated trespass” can be charged as a felony and you may face jail time for up to 16 months, 2 or 3 years
California Trespassing Law
602. Except as provided in subdivisions (u), (v), and (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) shall 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 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 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
the person in lawful possession, and any of the following:
(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.
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands.
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands.
(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 does 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 12
months when the premises or property is closed to the public and
posted as being closed. The requestor shall inform the law
enforcement agency to which the request was made when the assistance
is no longer desired, before the period not exceeding 12 months
expires. The request for assistance shall expire upon transfer of
ownership of the property or upon a change in the person in lawful
possession. However, this subdivision does not apply to persons
engaged in lawful labor union activities which are permitted to be
carried out on the property by the Alatorre-Zenovich-Dunlap-Berman
Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with
Section 1140) of Division 2 of the Labor Code) or by the federal
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 in 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
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, watchperson, 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 that is closed
to the public and that 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 applies 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
applies without time limitation. Where the person has been convicted
of any other felony, this subdivision applies for no more than five
years from the date of conviction. Where the person has been
convicted of a misdemeanor, this subdivision applies 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 applies for no more than one year from the date of
conviction. This subdivision does 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 applies 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) A 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 subdivision (u), or
public transit facility, as defined in Section 171.7, 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) A 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.
602.1. (a) Any person who intentionally interferes with any lawful
business or occupation carried on by the owner or agent of a business
establishment open to the public, by obstructing or intimidating
those attempting to carry on business, or their customers, and who
refuses to leave the premises of the business establishment after
being requested to leave by the owner or the owner’s agent, or by a
peace officer acting at the request of the owner or owner’s agent, is
guilty of a misdemeanor, punishable by imprisonment in a county jail
for up to 90 days, or by a fine of up to four hundred dollars
($400), or by both that imprisonment and fine.
(b) Any person who intentionally interferes with any lawful
business carried on by the employees of a public agency open to the
public, by obstructing or intimidating those attempting to carry on
business, or those persons there to transact business with the public
agency, and who refuses to leave the premises of the public agency
after being requested to leave by the office manager or a supervisor
of the public agency, or by a peace officer acting at the request of
the office manager or a supervisor of the public agency, is guilty of
a misdemeanor, punishable by imprisonment in a county jail for up to
90 days, or by a fine of up to four hundred dollars ($400), or by
both that imprisonment and fine.
(c) This section shall not apply to any of the following persons:
(1) Any person engaged in lawful labor union activities that are
permitted to be carried out on the property by state or federal law.
(2) Any person on the premises who is engaging in activities
protected by the California Constitution or the United States
Constitution.
(d) Nothing in this section shall be deemed to supersede the
application of any other law.
602.2. Any ordinance or resolution adopted by a county which
requires written permission to enter vacant or unimproved private
land from either the owner, the owner’s agent, or the person in
lawful possession of private land, shall not apply unless the land is
immediately adjacent and contiguous to residential property, or
enclosed by fence, or under cultivation, or posted with signs
forbidding trespass, displayed at intervals of not less than three to
a mile, along all exterior boundaries and at all roads and trails
entering the private land.
602.3. (a) A lodger who is subject to Section 1946.5 of the Civil
Code and who remains on the premises of an owner-occupied dwelling
unit after receipt of a notice terminating the hiring, and expiration
of the notice period, provided in Section 1946.5 of the Civil Code
is guilty of an infraction and may, pursuant to Section 837, be
arrested for the offense by the owner, or in the event the owner is
represented by a court-appointed conservator, executor, or
administrator, by the owner’s representative. Notwithstanding Section
853.5, the requirement of that section for release upon a written
promise to appear shall not preclude an assisting peace officer from
removing the person from the owner-occupied dwelling unit.
(b) The removal of a lodger from a dwelling unit by the owner
pursuant to subdivision (a) is not a forcible entry under the
provisions of Section 1159 of the Code of Civil Procedure and shall
not be a basis for civil liability under that section.
(c) Chapter 5 (commencing with Section 1980) of Title 5 of Part 4
of Division 3 of the Civil Code applies to any personal property of
the lodger which remains on the premises following the lodger’s
removal from the premises pursuant to this section.
(d) Nothing in this section shall be construed to limit the owner’
s right to have a lodger removed under other provisions of law.
(e) Except as provided in subdivision (b), nothing in this section
shall be construed to limit or affect in any way any cause of action
an owner or lodger may have for damages for any breach of the
contract of the parties respecting the lodging.
(f) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.
602.4. (a) A person who enters or remains on airport property owned
by a city, county, or city and county, but located in another
county, and sells, peddles, or offers for sale any goods,
merchandise, property, or services of any kind whatsoever, including
transportation services to, on, or from the airport property, to
members of the public without the express written consent of the
governing board of the airport property, or its duly authorized
representative, is guilty of a misdemeanor.
(b) Nothing in this section affects the power of a county, city,
or city and county to regulate the sale, peddling, or offering for
sale of goods, merchandise, property, or services.
(c) For purposes of this section, when a charter-party carrier
licensed by the Public Utilities Commission operates at an airport on
a prearranged basis, as defined in Section 5360.5 of the Public
Utilities Code, that operation shall not constitute the sale,
peddling, or offering of goods, merchandise, property, or services.
602.5. (a) Every person other than a public officer or employee
acting within the course and scope of his or her employment in
performance of a duty imposed by law, who enters or remains in any
noncommercial dwelling house, apartment, or other residential place
without consent of the owner, his or her agent, or the person in
lawful possession thereof, is guilty of a misdemeanor.
(b) Every person other than a public officer or an employee acting
within the course and scope of his employment in performance of a
duty imposed by law, who, without the consent of the owner, his or
her agent, or the person in lawful possession thereof, enters or
remains in any noncommercial dwelling house, apartment, or other
residential place while a resident, or another person authorized to
be in the dwelling, is present at any time during the course of the
incident is guilty of aggravated trespass punishable by imprisonment
in a county jail for not more than one year or by a fine of not more
than one thousand dollars ($1,000), or by both that fine and
imprisonment.
(c) If the court grants probation, it may order a person convicted
of a misdemeanor under subdivision (b) to up to three years of
supervised probation. It shall be a condition of probation that the
person participate in counseling, as designated by the court.
(d) If a person is convicted of a misdemeanor under subdivision
(b), the sentencing court shall also consider issuing an order
restraining the defendant from any contact with the victim, that may
be valid for up to three years, as determined by the court. In
determining the length of the restraining order, the court shall
consider, among other factors, the seriousness of the facts before
the court, the probability of future violations, and the safety of
the victim and his or her immediate family.
(e) Nothing in this section shall preclude prosecution under
Section 459 or any other provision of law.
602.6. Every person who enters or remains in, or upon, any state,
county, district, or citrus fruit fair buildings or grounds, when the
buildings or grounds are not open to the general public, after
having been ordered or directed by a peace officer or a fair manager
to leave the building or grounds and when the order or direction to
leave is issued after determination that the person has no apparent
lawful business or other legitimate reason for remaining on the
property, and fails to identify himself or herself and account for
his or her presence, is guilty of a misdemeanor.
602.7. Every person who enters or remains on any property,
facility, or vehicle owned by the San Francisco Bay Area Rapid
Transit District or the Southern California Rapid Transit District,
and sells or peddles any goods, merchandise, property, or services of
any kind whatsoever on the property, facilities, or vehicles,
without the express written consent of the governing board of the San
Francisco Bay Area Rapid Transit District or the governing board of
the Southern California Rapid Transit District, or its duly
authorized representatives, is guilty of an infraction.
Nothing in this section affects the power of a county, city,
transit district, or city and county to regulate the sale or peddling
of goods, merchandise, property, or services.
602.8. (a) Any person who without the written permission of the
landowner, the owner’s agent, or the person in lawful possession of
the land, willfully enters any lands under cultivation or enclosed by
fence, belonging to, or occupied by, another, or who willfully
enters 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, is guilty of a public offense.
(b) Any person convicted of a violation of subdivision (a) shall
be punished as follows:
(1) A first offense is an infraction punishable by a fine of
seventy-five dollars ($75).
(2) A second offense on the same land or any contiguous land of
the same landowner, without the permission of the landowner, the
landowner’s agent, or the person in lawful possession of the land, is
an infraction punishable by a fine of two hundred fifty dollars
($250).
(3) A third or subsequent offense on the same land or any
contiguous land of the same landowner, without the permission of the
landowner, the landowner’s agent, or the person in lawful possession
of the land, is a misdemeanor.
(c) Subdivision (a) shall not apply to any of the following:
(1) Any person engaged in lawful labor union activities which are
permitted to be carried out on 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.
(2) Any person on the premises who is engaging in activities
protected by the California or United States Constitution.
(3) Any person described in Section 22350 of the Business and
Professions Code who is making a lawful service of process.
(4) Any person licensed pursuant to Chapter 15 (commencing with
Section 8700) of Division 3 of the Business and Professions Code who
is engaged in the lawful practice of land surveying as authorized by
Section 846.5 of the Civil Code.
(d) For any infraction charged pursuant to this section, the
defendant shall have the option to forfeit bail in lieu of making a
court appearance. Notwithstanding subdivision (e) of Section 853.6,
if the offender elects to forfeit bail pursuant to this subdivision,
no further proceedings shall be had in the case.
602.9. (a) Except as provided in subdivision (c), any person who,
without the owner’s or owner’s agent’s consent, claims ownership or
claims or takes possession of a residential dwelling for the purpose
of renting that dwelling to another is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand five hundred dollars
($2,500), or by both that imprisonment and fine. Each violation is a
separate offense.
(b) Except as provided in subdivision (c), any person who, without
the owner’s or owner’s agent’s consent, causes another person to
enter or remain in any residential dwelling for the purpose of
renting that dwelling to another, is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand five hundred dollars
($2,500), or by both that imprisonment and fine. Each violation is a
separate offense.
(c) This section does not apply to any tenant, subtenant, lessee,
sublessee, or assignee, nor to any other hirer having a lawful
occupancy interest in the residential dwelling.
(d) Nothing in this section shall preclude the prosecution of a
person under any other applicable provision of law.
(e) It is the intent of the Legislature that this section shall
not preclude the prosecution of a person on grand theft or fraud
charges. The Legislature finds that this section has never precluded
prosecution of a person on grand theft or fraud charges.
602.10. Every person who, by physical force and with the intent to
prevent attendance or instruction, willfully obstructs or attempts to
obstruct any student or teacher seeking to attend or instruct
classes at any of the campuses or facilities owned, controlled, or
administered by the Regents of the University of California, the
Trustees of the California State University, or the governing board
of a community college district shall be punished by a fine not
exceeding five hundred dollars ($500), by imprisonment in a county
jail for a period of not exceeding one year, or by both such fine and
imprisonment.
As used in this section, “physical force” includes, but is not
limited to, use of one’s person, individually or in concert with
others, to impede access to, or movement within, or otherwise to
obstruct the students and teachers of the classes to which the
premises are devoted.
602.11. (a) Any person, alone or in concert with others, who
intentionally prevents an individual from entering or exiting a
health care facility, place of worship, or school by physically
detaining the individual or physically obstructing the individual’s
passage shall be guilty of a misdemeanor punishable by imprisonment
in the county jail, or a fine of not more than two hundred fifty
dollars ($250), or both, for the first offense; imprisonment in the
county jail for not less than five days and a fine of not more than
five hundred dollars ($500) for the second offense; and imprisonment
in the county jail for not less than 30 days and a fine of not more
than two thousand dollars ($2,000) for a third or subsequent offense.
However, the court may order the defendant to perform community
service, in lieu of any fine or any imprisonment imposed under this
section, if it determines that paying the fine would result in undue
hardship to the defendant or his or her dependents.
(b) As used in subdivision (a), the following terms have the
following meanings:
(1) “Physically” does not include speech.
(2) “Health care facility” means a facility licensed pursuant to
Chapter 1 (commencing with Section 1200) of Division 2 of the Health
and Safety Code, a health facility licensed pursuant to Chapter 2
(commencing with Section 1250) of Division 2 of the Health and Safety
Code, or any facility where medical care is regularly provided to
individuals by persons licensed under Division 2 (commencing with
Section 500) of the Business and Professions Code, the Osteopathic
Initiative Act, or the Chiropractic Initiative Act.
(3) “Person” does not include an officer, employee, or agent of
the health care facility, or a law enforcement officer, acting in the
course of his or her employment.
(c) This section shall not be interpreted to prohibit any lawful
activities permitted under the laws of the State of California or by
the National Labor Relations Act in connection with a labor dispute.
602.12. (a) Any person who enters the residential real property of
an academic researcher for the purpose of chilling, preventing the
exercise of, or interfering with the researcher’s academic freedom is
guilty of trespass, a misdemeanor.
(b) For the purposes of this section, the following definitions
apply:
(1) “Academic researcher” means any person lawfully engaged in
academic research who is a student, trainee, employee, or affiliated
physician of an accredited California community college, a campus of
the California State University or the University of California, or a
Western Association of Schools and Colleges accredited, degree
granting, nonprofit institution. Academic research does not include
routine, nonlaboratory coursework or assignments.
(2) “Academic freedom” means the lawful performance,
dissemination, or publication of academic research or instruction.
(c) This section shall not apply to any person who is lawfully
engaged in labor union activities that are protected under state or
federal law.
(d) This section shall not preclude prosecution under any other
provision of law.
602.13. (a) Every person who enters into an animal enclosure at a
zoo, circus, or traveling animal exhibit, if the zoo, circus, or
exhibit is licensed or permitted to display living animals to the
public, and if signs prohibiting entrance into the animal enclosures
have been posted either at the entrance to the zoo, circus, or
traveling animal exhibit, or on the animal enclosure itself, without
the consent of the governing authority of the zoo, circus, or
traveling animal exhibit, or a representative authorized by the
governing authority, is guilty of an infraction or a misdemeanor,
subject to Section 19.8. This subdivision shall not apply to an
employee of the zoo, circus, or traveling animal exhibit, or to a
public officer acting within the course and scope of his or her
employment.
(b) For purposes of this section, “zoo” means a permanent or
semipermanent collection of living animals kept in enclosures for the
purpose of displaying the animals to the public. The term “zoo”
includes a public aquarium displaying aquatic animals.
(c) For purposes of this section, an “animal enclosure” means the
interior of any cage, stall, container, pen, aquarium or tank, or
other discrete containment area that is used to house or display an
animal and that is not generally accessible to the public.
(d) Prosecution under this section does not preclude prosecution
under any other provision of law.